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Xue, Hong --- "Caveats of intermediary liability in the Domain Name System: a review of the ICANN new gTLD right protection measures" [2018] ELECD 1141; in Pistorius, Tana (ed), "Intellectual Property Perspectives on the Regulation of New Technologies" (Edward Elgar Publishing, 2018) 35

Book Title: Intellectual Property Perspectives on the Regulation of New Technologies

Editor(s): Pistorius, Tana

Publisher: Edward Elgar Publishing

ISBN: 9781786436375

Section: Chapter 2

Section Title: Caveats of intermediary liability in the Domain Name System: a review of the ICANN new gTLD right protection measures

Author(s): Xue, Hong

Number of pages: 19

Abstract/Description:

The unprecedented expansion of the internet domain name system (DNS) from 22 to as many as 1,000 top-level domains (TLDs), will impact the Internet business models as well as trademark protection issues. Trademarks involved in the TLDs are not only more economically significant compared with the other domain names registered at the lower levels, but bring up new challenges to both the DNS and trademark law. The chapter offers an objective review on the impact of the applied TLDs’ management and registration policy on the relevant trademark right through a case study involving two Chinese leading Internet companies, Sina and Tencent. The paper concludes that the Legal Right Objections and other trademark measures developed through Internet Corporation for Assigned Names and Numbers (ICANN) policy and implemented in the DNS are building up a new body of globalized norms that will impact the future development of the international trademark legal system.