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Are Your Website’s Terms and Conditions Enforceable? Ninth Circuit Rejects Barnes & Noble’s Browsewrap Terms of Use

Like most online retailers, Barnes & Noble posts “Terms of Use” on its website, which users may review by clicking on a hyperlink that takes them to the webpage on which the terms of use are displayed. Barnes & Noble relied...more

Browsewrap Agreement Held Unenforceable Against Consumer Due to Insufficient Notice

Many commercial websites rely on “browsewrap” agreements to bind visitors to commercial terms. A recent decision by the Ninth Circuit suggests that a review of how those terms are presented may be in order to ensure...more

Challenging Delegated Top-Level Domains: ICANN’s Trademark Post Delegation Dispute Resolution Procedure

This year, hundreds of new generic top-level domains (gTLDs) are changing the landscape of the Internet. The long-awaited result of ICANN’s new gTLD program, top-level domains such as .NYC, .WINE, and .WTF will now join the...more

The Copyright Alert System – Copyright Infringement and The Educational Approach

There have been many attempts over the last few years to address online copyright infringement. The most recent effort is the Copyright Alert System (“CAS”), which was rolled out in February 2013 as a system created to...more

New gTLD Clearinghouse Will Open March 26, 2013

ICANN (the Internet Corporation for Assigned Names and Numbers) plans to launch the first of the registries associated with the new generic top-level domains (gTLDs) in mid-2013. In association with the launch, ICANN is...more

Filing Objections to Applications for the Registration of New gTLDs

In June 2011, the Internet Corporation for Assigned Names and Numbers (ICANN), the organization responsible for the global coordination of the use of domain names, IP addresses and the like, announced that it would accept...more

In Clickwrap Data Pass Contract Dispute. Second Circuit Sacks E-mail Notice of Post-Transaction Terms

In an important opinion on the enforceability of online contract terms, Senior Circuit Judge Robert D. Sacks walks through the last decade and a half of online contracting law on the way to invalidating an arbitration...more

Has Someone Applied to Register Your .BRAND? Top Five Things You Need to Know

You’ve heard about the planned expansion of the domain name system, but what does it really mean for trademark owners? Last year, the Internet Committee for Assigned Names and Numbers (ICANN), the organization...more

Canadian Domain Name Decisions & Stats

This month marks the 25th year of operations for the .CA domain, Canada’s country-code top-level domain (ccTLD). It was originally allocated to John Demco, an employee of UBC, who operated the domain on a volunteer basis...more

Who Owns Your Company's .XXX?

If someone asked you whether you own the website located at www.yourcompany.com, your likely response would be yes. However, do you own www.yourcompany.xxx? Many business owners look at a web site address ending in .xxx...more

FTC Fines First Mobile App Developer for COPPA Violation

On Monday, the Federal Trade Commission (FTC) announced that mobile application developer W3 Innovations, LLC (d/b/a Broken Thumbs Apps), has agreed to pay a fine of $50,000 in order to settle charges that it collected and...more

Basic Law for Web Designers No 1: Introduction to Contract Law

I have been consulted by web designers and their customers ever since the earliest days of the wold wide web. I have read and reviewed many of their contracts and drafted a large number of my own. Sometimes I have represented...more

Advertising Law Newsletter - May 12, 2011

In this issue: Supreme Court Says Goodbye to Class Arbitration; Judge: Data Breach = Actual Harm for Suit; Illinois Enacts Online Tax Law; FDA: and Hand Sanitizer, Antiseptic Claims False. Excerpt from 'Supreme Court...more

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