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Students of Communication, study E-Commerce as an auxiliary subject. these are the key points discussed in these Lecture Slides of E-Commerce : Dispute Resolution, Registration, Adaptive Molecular, Technologies, Domain, Cybersquatting, Bad Faith, Alcoholics, Respondent, Legitimate Business
Typology: Slides
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May decline registration pending court decision
Adaptive Molecular Technologies vWoodward (F&Q p239) Domain can prevail over Trade Mark
Gateway v Pixelera.com (F&Q p239) Cybersquatting
Telstra v Joen (F&Q p240) Bad Faith
Kraft v The Pez Kiosk (F&Q p240)
Alcoholics Anonymous v Friends of Bill W (F&Qp240)
No bad faith Respondent had a legitimate business activitynot in competition with applicant Geographical Names
Brisbane City Council v Warren BoltonConsulting (F&Q p247-248)
Alternatively, plaintiff must show
It is a personal name Defendant registered the personal name as adomain name without consent Domain name has bad faith intent to profitfrom plaintiff’s personal name Allows for transfer, damages and costs Slower than UDRP
Courts are not bound by UDRP decisions Can be used to, in effect, review UDRPdecisions
Barcelona.com (F&Q p243) Corinthians (F&Q p243) Does this make the US Courts de facto InternetCourts of Appeal?
Passing off only protects the reputation that atrader can prove May be restricted by Geography (e.g. Prince PLC) type of goods (e.g. Spice Girls) or section of the community (e.g. AIM) Mere registration of a domain name withouttrade is not enough Representation can occur when domain nameis offered for sale
Factors negating misrepresentation Name has obtained a secondary meaningand is descriptive of goods and servicesprovided Use of a person’s own name Re Krupp (F&Q p249) Actions outside the trader’s country Internet World Case (F&Q p250)
Courts look for a “Common field of activity” toassess if there is a representation to a tradersactual or prospective customers Stringfellow v McCain (F&Q p251)
“A corporation shall not, in trade or commerce,engage in conduct that is misleading ordeceptive or is likely to mislead or deceive.” Requires Identification of a section of the public that is likely tobe misled Assessment of the abilities of the people in thissection Objective assessment of whether these people will bemisled A causal connection between the representation andthe defendant’s behavior
