Showing papers in "The John Marshall Journal of Information Technology & Privacy Law in 2004"

Geo-Location Technologies and Other Means of Placing Borders on the 'Borderless' Internet, 23 J. Marshall J. Computer & Info. L. 101 (2004)

Abstract: This Journal Article is brought to you by the Faculty of Law at ePublications@bond. It has been accepted for inclusion in Law Faculty Publications by an authorized administrator of ePublications@bond. For more information, please contact Bond University's Repository Coordinator. Recommended Citation Dan Jerker B. Svantesson. (2004) \"Geo-location technologies and other means of placing borders on the ‘borderless’ Internet\" ,, .

Is the ACPA a Safe Haven for Trademark Infringers? - Rethinking the Unilateral Application of the Lanham Act, 22 J. Marshall J. Computer & Info. L. 655 (2004)

Abstract: IS THE ACPA A SAFE HAVEN FOR TRADEMARK INFRINGERS?— RETHINKING THE UNILATERAL APPLICATION OF THE LANHAM ACT By Jinku Hwang∗ ABSTRACT This article analyzes court decisions regarding domain name disputes since the enactment of the Anticybersquatting Consumer Protection Act (\"ACPA\") and seeks to suggest possible ways to minimize unnecessary conflicts with other countries. Thus this article is limited only to international gTLD disputes. In particular, it focuses on recent court cases dealing with reverse domain name hijacking claims. The reverse domain name hijacking provision of the ACPA and recent courts' interpretation of the provision pose a significant threat to the harmonious resolution of international domain name disputes and the threat may be much more harmful than the frequently criticized in rem provision of the ACPA. In rem jurisdiction may deny alleged foreign infringers their procedural right; however, the reverse domain name hijacking provision may deny foreign trademark owners their substantive rights just because they do not possess U.S. trademark rights. I argue that the Lanham Act does not always apply to reverse domain name