Table of Contents

The Law and Practice of Trademark Transactions

The Law and Practice of Trademark Transactions

A Global and Local Outlook

Elgar Intellectual Property Law and Practice series

Edited by Irene Calboli and Jacques de Werra

The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.


Cédric Manara

Subjects: law - academic, intellectual property law, law -professional, intellectual property law


There were 284 million domain names registered in October 2014. There is also an active secondary market where companies or investors are looking for domain names to buy or to lease. On platforms dedicated to this secondary market, the transactions are usually simple: parties obey to the terms of use and/or use a template provided by the platform, with the intermediary sometimes offering the additional service of escrowing the payment. Practice shows that the percentage of agreements drafted by lawyers is very low compared to the overall number of domain names that change hands or are licensed through these platforms. A domain is usually defined as a set of addresses which are managed in common. All the names ending in ‘.us,’ for example, form a domain. All the blogs hosted on the WordPress platform have a common Uniform Resource Locator (URL) that ends with ‘,’ which also forms a domain. The allocation of a domain name to a user is a naming operation. A domain is usually managed by an entity from which the creation of a name must be obtained. This entity creates a new entry in a database, which is a technical condition for the name to exist. In some cases the entity creates names for itself; generally, names are born after a third party asks the naming entity to be granted a domain name.

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