43,605 research outputs found

    Genericness Doctrine Need Not Apply: Employing Generic Domain Names in Cyberspace.

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    The internet and public–private governance in the European Union

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    The EU plays a significant role in public policy aspects of Internet governance, having created in the late 1990s the dot eu Internet Top Level Domain (TLD). This enables users to register names under a European online address label. This paper explores key public policy issues in the emergent governance system for dot eu, because it provides an interesting case of new European transnational private governance. Specifically, dot eu governance is a reconciliation resulting from a governance cultural clash between the European regulatory state and what can be described broadly as the Internet community. The EU has customised the governance of dot eu towards a public–private dispersed agencification model. The paper extends the evidence base on agencification within trans-European regulatory networks and the emergence of private transnational network governance characterised by self-regulation

    Access to the Internet and Regional Structures: The Case of Italy

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    I study the effects of Internet access on regional structures and provide some insights into the complex question of the role of technology in regional development. The paper analyzes the distribution of access to the Internet in Italy, highlighting the differences among regions and sub-regional areas and with respect to categories of users. This is an aspect of the so-called \u201cdigital divide\u201d. I concentrate on the stability and change of regional structures in Italy, pointing at conclusions of general relevance. My analysis confirms the dynamism of the regions of the so-called \u201cThird Italy\u201d and the fundamental distinction between the North-Center with respect to the South, the Italian Mezzogiorno. My preliminary conclusions on the effects of the Internet in promoting economic development suggest lines for further investigation. Key Words: Regional development, Italy, Internet, digital divide JEL Classifications: R11, R12, O3

    Trademark Vigilance in the Twenty-First Century: An Update

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    The trademark laws impose a duty upon brand owners to be vigilant in policing their marks, lest they be subject to the defense of laches, a reduced scope of protection, or even death by genericide. Before the millennium, it was relatively manageable for brand owners to police the retail marketplace for infringements and counterfeits. The Internet changed everything. In ways unforeseen, the Internet has unleashed a tremendously damaging cataclysm upon brands—online counterfeiting. It has created a virtual pipeline directly from factories in China to the American consumer shopping from home or work. The very online platforms that make Internet shopping so convenient, and that have enabled brands to expand their sales, have exposed buyers to unwittingly purchasing fake goods which can jeopardize their health and safety as well as brand reputation. This Article updates a 1999 panel discussion titled Trademark Vigilance in the Twenty-First Century, held at Fordham Law School, and explains all the ways in which vigilance has changed since the Internet has become an inescapable feature of everyday life. It provides trademark owners with a road map for monitoring brand abuse online and solutions for taking action against infringers, counterfeiters and others who threaten to undermine brand value

    The Path of Internet Law: An Annotated Guide to Legal Landmarks

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    The evolution of the Internet has forever changed the legal landscape. The Internet is the world’s largest marketplace, copy machine, and instrumentality for committing crimes, torts, and infringing intellectual property. Justice Holmes’s classic essay on the path of the law drew upon six centuries of case reports and statutes. In less than twenty-five years, Internet law has created new legal dilemmas and challenges in accommodating new information technologies. Part I is a brief timeline of Internet case law and statutory developments for Internet-related intellectual property (IP) law. Part II describes some of the ways in which the Internet is redirecting the path of IP in a globalized information-based economy. Our broader point is that every branch of substantive and procedural law is adapting to the digital world. Part III is the functional equivalent of a GPS for locating the latest U.S. and foreign law resources to help lawyers, policymakers, academics and law students lost in cyberspace

    The Path of Internet Law: An Annotated Guide to Legal Landmarks

    Get PDF
    The evolution of the Internet has forever changed the legal landscape. The Internet is the world’s largest marketplace, copy machine, and instrumentality for committing crimes, torts, and infringing intellectual property. Justice Holmes’s classic essay on the path of the law drew upon six centuries of case reports and statutes. In less than twenty-five years, Internet law has created new legal dilemmas and challenges in accommodating new information technologies. Part I is a brief timeline of Internet case law and statutory developments for Internet-related intellectual property (IP) law. Part II describes some of the ways in which the Internet is redirecting the path of IP in a globalized information-based economy. Our broader point is that every branch of substantive and procedural law is adapting to the digital world. Part III is the functional equivalent of a GPS for locating the latest U.S. and foreign law resources to help lawyers, policymakers, academics and law students lost in cyberspace
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