Joined on June 9, 2004
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Cédric Manara, PhD, is an Associate Professor of Law at EDHEC (featured by the Financial Times among the top business schools in Europe). His primary teaching and research interests concern intellectual property in the digital age and before, and electronic business law. In 2010, he received a Google Research Award.
Since 2000, Prof. Manara is head columnist for Dalloz, a prominent francophone law review, where he regularly publishes comments on internet related cases. He has published numerous articles in French and foreign law reviews.
Cédric Manara serves as counsel to prominent firms and governmental agencies in his field of expertise.
He is also a domain dispute resolution panelist (Arbitration Center for .eu Disputes, Prague, Czech Republic, Belgian Centre for Mediation and Arbitration, Brussels, Belgium, and Regional Center for Arbitration, Kuala-Lupur, Malaysia). He is listed in the EU Directory of Academic Experts in the field of Consumer Policy and Consumer Affairs.
In 2004 he was a visiting scholar at the Institute for International Law and Public Policy, Temple University Beasley School of Law (Philadelphia, PA, USA), in 2005 an invited researcher at the Institute of Intellectual Property (Tokyo, Japan), in 2009 a visiting professor at Università degli Studi di Salerno (Italy), in Spring 2010 a visiting professor at LUISS (Rome), and an affilate researcher at the IPR University Center (Finland) from August 2010 to April 2011.
In 2012 he published a 500 pages book on domain names law. He is now finishing another one on e-commerce law.
Specialties: Electronic commerce and Law, Intellectual Property Law, Law & Marketing
Except where otherwise noted, all postings by Cedric Manara on CircleID are licensed under a Creative Commons License.
ICANN is currently seeking public comment on the subject of "closed generic" gTLD applications. It asks "whether specific requirements should be adopted corresponding to this type of application". It invites comments on what it defines as an "issue". In particular, ICANN wonders how an applied-for domain can be deemed a "closed generic" TLD, and whether there should be rules governing the way this TLD will be operated. more»
.tk was once designated as the riskiest ccTLD. .ru is often said to be, after .com, the most used in the content of spam messages. But is there a ccTLD that is a favorite destination for copyright infringement? The question is worth asking in view of the growing trend for .com domain names seizures related to copyright infringement. more»
One of the most debated questions at the time of the opening of the .eu Top-Level Domain (TLD) was whether or not it was possible to register names on the basis of prior rights on signs which include special characters, such as an ampersand. The Advocate General of the Court of Justice of European Union has just published his opinion (4 years later...) more»
When it drafted the .eu regulation EC 874/2004, the Commission reserved for itself a (long) list of domain names. One of them was galileo.eu. For obvious reasons, Galileo Lebensmittel GmbH & Co. KG claimed before the Courf of First Instance that the Commission's decision to reserve galileo.eu should be annulled... more»
"'Sucks.com is the rightmost anchor of nearly 20,000 domains registered today. Two thousand domains have 'stinks.com' on the right and about the same number of domains begin with the term 'boycott'," write the authors of the recently released paper The Power of Internet Gripe Sites. According to their (interesting) study, 35% of the "brandsucks" domains are owned by the brand while 45% are available for registration. They thus advise brand owners "to take a serious look at the traffic that these names garner and the kind of unique marketing opportunity they can afford." ...I do not fully agree with their conclusions... more»
Sealing the cracks: a proposal to update the anti-cybersquatting regime to combat advertising-based cybersquatting is the title of an article by Christopher Varas in the April issue of the Journal of Intellectual Property Law & Practice. In this article, the author labels "modern cybersquatting" the monetization of domain names through PPC advertisements, and says that brand owners lack effective tools to combat this practice... more»
Everyone knows there are many frauds linked to the growth of domain names. According to AFNIC (the French NIC), there has been a significant increase in the number of cases of slamming since the beginning of this year. ...To fight against these practices, AFNIC issued a guide where it describes different categories of slamming... more»
Over at VoxPI, Alexandre Nappey reports that, a few days ago, the first French judicial decision over a .eu domain name was released -- or more specifically the first decision over an application for a .eu name. The two parties own a trademark "EUROSTAR". They agreed on the coexistence of their respective marks in September 2004. Both applied for the same name 'eurostar.eu', on the same day. more»
Interesting WIPO case (D2005-1085): Complainant (Saint-Exupery estate) owns "Le Petit Prince" in EU, US, and other countries. The translation of "Le Petit Prince" is "The little prince". Respondent registered 'thelittleprince.com'. Is such a domain name confusingly similar to the trademark? more»
Have you ever thought of how reputation is created in cyberspace? Beth Noveck wrote an article, 'Trademark Law and the Social Construction of Trust: Creating the Legal Framework for On-Line Identity' in which she argues that, to determine what rules should govern on-line identity, we should look to trademark law, which has the best set of rules to deal with the way reputation is created in cyberspace. more»
The long awaited Service Concession Contract to operate the .eu registry was signed yesterday (Oct. 12). Now the European Commission will formally notify ICANN of the selected registry operator allowing official negotiations to commence between EURid and ICANN to have .eu put in the root. According to the press release, registrations could begin in six to nine months... more»