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\def\WIPO{World Intellectual Property Organisation}
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Digital Trademarks and Brands: Towards an Improved UDRP and Platform Policies
2025
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Title
Digital Trademarks and Brands: Towards an Improved UDRP and Platform Policies
Author
Edition
1st ed
Item Type
Book
Description
1 Online-Ressource (449 Seiten)
ISBN
9789403541693 eBook
Summary
Trademark disputes are a consistent feature of the digital legal landscape, appearing in connection with a range of successive technologies and platforms. Digital Trademarks and Brands is a book presenting a new adapted model for digital trademarks and trade practices, providing recommendations for the Uniform Domain Name Dispute Resolution Policy (UDRP) and extending a similar uniform process to platform trademark policies and complaint procedures, including e-commerce marketplaces, search advertising, social media, mobile applications, and Metaverse platforms. The proposed model addresses and greatly reduces legal uncertainties and the harm caused by problems for digital trademarks in the following key areas: use and place of use of marks; bad faith and abuse; confusion; unfair acts, trade practices, or competition; terms, policies, and disclaimers; jurisdiction/territory; and justification. The adapted model is informed by pertinent theories and concepts, select aspects of EU and US and other legal frameworks, and existing policies. Ultimately, a uniform policy is recommended for each of the five platform types in line with an adapted version of the UDRP based on recommendations through the model. It is applied in a way that provides a comprehensive workable solution, fostering legal certainty. Actual text for the proposed adapted UDRP, as well as the uniform policies recommended for each type of platform, is provided, with guidance for implementation.
Formatted Contents Note
List of Abbreviations
Preface
Acknowledgements
Chapter 1: Introduction
Chapter 2: Overview of Digital Trademark Problems Leading to the Digital Trademark and Trade Practices Model
Chapter 3: The Digital Trademark and Trade Practices Model Informed by Theories, Concepts and Select Aspects of the EU and U.S. (With Reference to Others) Legal Frameworks and Resulting Considerations for the UDRP and Platforms
Chapter 4: Adapting the UDRP in Light of the Digital Trademark and Trade Practices Model
Chapter 5: Towards Uniform Platform Policies for Trademarks in E-Commerce Marketplace, Search Ad, Social Media, Mobile App, and Metaverse Platforms Based on the Digital Trademark and Trade Practices Model
Chapter 6: Conclusion and Implementation
Table of Selected Legislation, Treaties, Regulations and Directives
Table of Selected Cases and Proceedings
Index
Preface
Acknowledgements
Chapter 1: Introduction
Chapter 2: Overview of Digital Trademark Problems Leading to the Digital Trademark and Trade Practices Model
Chapter 3: The Digital Trademark and Trade Practices Model Informed by Theories, Concepts and Select Aspects of the EU and U.S. (With Reference to Others) Legal Frameworks and Resulting Considerations for the UDRP and Platforms
Chapter 4: Adapting the UDRP in Light of the Digital Trademark and Trade Practices Model
Chapter 5: Towards Uniform Platform Policies for Trademarks in E-Commerce Marketplace, Search Ad, Social Media, Mobile App, and Metaverse Platforms Based on the Digital Trademark and Trade Practices Model
Chapter 6: Conclusion and Implementation
Table of Selected Legislation, Treaties, Regulations and Directives
Table of Selected Cases and Proceedings
Index
Linked Resources
Published
Alphen aan den Rijn : Wolters Kluwer Law International, 2025.
Language
English
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