Cybersquatting

News & Analysis as of

Germany: More detail around claims against “typo-squatting”?

According to its press release, the German Federal High Court (“BGH”) decided on 22 January (I ZR 164/12) that – in the particular case- the registration of a domain name which was a misspelled version of an already...more

Domain Name Squatting to Gain Leverage Can Trigger "Bad Faith Intent" in an ACPA Claim

A required element to sustain a claim under the Anti-Cybersquatting Consumer Protection (ACPA) (15 U.S.C. § 1125(d)(1)(A)) is proof that the defendant acted with "bad faith intent to profit from that mark." As bad faith...more

Domain Names – Possession Is 9/10ths Of The Law

As 2013 was winding down, the law firm of Dewey, Cheatum & Howe also known as www.BestLawfirmEver.com was calculating its partners’ year end distributions. Before the ink was dry, Dewey announced he was leaving, taking an...more

You May Not Necessarily Be the Master of Your Domain

The ability to associate goods and services with a specific domain name can make or break a business, so much so that companies are still willing to fork over millions to purchase domain names. And although you may consider...more

Innocent Bystanders of Cybersquatting: Neutral Domain Name Registrars - Petroliam Nasional Berhad (Petronas) v. GoDaddy.com, Inc.

Addressing for the first time the issue of whether the Anticybersquatting Consumer Protection Act (ACPA), which added two cybersquatting causes of action to the Lanham Act, provides for secondary liability, the U.S. Court of...more

Meet the 2014 Brand Dream Team

Every brand needs a brand dream team. That team consists of not only people who help create, communicate, manage, direct, and protect the brand, but also the group of words, symbols, and slogans that serve as brand...more

U.S. Court of Appeals for the Ninth Circuit Rules There Is No Cause of Action for “Contributory Cybersquatting”

On December 4, the Ninth Circuit ruled that the 1999 Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d) does not provide a cause of action for contributory cybersquatting. In Petroliam Nasional Berhad...more

Are you ready for the coming explosion of cybersquatting?

The next wave of domain-name barbarians is gathering outside the gates. Here’s what you need to do now to keep your trademarks, and your e-commerce, safe. Almost every business has had to deal with cybersquatters –...more

Brandmarking: Thoughts On The Creation, Protection, And Enforcement Of Brand Identity - December 2013 • Volume 2, Number 5

In This Issue: - PAGING MR. CHARBUCKS: Someone once said that the American legal system guarantees every corporation its decade in court. That came true with a vengeance for two corporations whose 12-year-long...more

Ninth Circuit Rejects Claims for Contributory Cybersquatting Under the ACPA

On December 4, 2013, in Petroliam Nasional Berhad (Petronas) v. GoDaddy.com, Inc., the United States Court of Appeals for the Ninth Circuit held that the Anticybersquatting Consumer Protection Act (“ACPA”) does not provide a...more

Third-Party Service Providers Not Liable for Contributory Trademark Infringement

Trademark owners frustrated by cybersquatting will not be able to sue third-party service providers for contributory infringement, according to a decision by the U.S. Court of Appeals for the Ninth Circuit....more

So Long, .com!

The New gTLDs Are Almost Here. Will You Be Ready? The first new generic Top-Level Domains (“gTLDs”) are expected to launch any day now — triggering what many predict will be the most significant transformation of the...more

Recent Developments In Information Technology Law – Second Quarter 2013

In This Issue: - I. U.S. Supreme Court - A. Trademarks 3 - II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair Trade...more

Protecting Your Trademarks as ICANN Launches New Generic Top-Level Domains

Last year, the Internet Corporation for Assigned Names and Numbers (ICANN) received over 1,900 applications for new generic top-level domains (gTLDs), including multiple applications for popular domains like .app, .inc, .art,...more

Facebook v. Typosquatters: Damages and Domains Awarded Under Anticybersquatting Consumer Protection Act

On April 30, 2013, Magistrate Judge Westmore recommended that the U.S. District Court, Northern District of California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection...more

Trademark Alert: Are You Ready For The New gTLDs? The Trademark Clearinghouse Opens March 26

The universe of generic top-level domains (gTLDs), currently limited to about a dozen gTLDs such as .com, .net, and .org, will likely explode later this year, as some of the more than 1000 potential new gTLDs are rolled out,...more

Recent Developments In Information Technology Law - First Quarter 2013

Table of Contents: *I. U.S. Supreme Court - A. Trademarks *II. U.S. Courts of Appeal - A. Patents - B. Copyrights - C. Copyrights/Criminal - D. Trademarks - E. Trademarks/Unfair...more

Protect Your Brand Against Cybersquatters On The New Internet

Registering with the Trademark Clearinghouse begins March 26, 2013 - Maybe you have heard that the Internet is about to drastically change. Maybe you have heard that by the middle of this year, domain names ending in...more

Hot Trends in Federal Enforcement on the Web in 2013 from Ifrah Law Partners [Video]

Hot Trends in Federal Enforcement on the Web in 2013 from Ifrah Law Partners...more

It’s a BRAND New World: Update on ICANN’s Expanded gTLD Program

You have likely heard by now that the Internet is about to get substantially bigger and more complex, with potentially treacherous consequences for brand owners. This past fall, we wrote a chapter covering this issue in...more

New Jersey Court Refuses to Dismiss “Cybersquatting” Trademark Lawsuit

New Jersey Court Refuses to Dismiss “Cybersquatting” Trademark Lawsuit by Christine M. Vanek on November 2, 2012 A New Jersey judge recently refused to dismiss a trademark infringement lawsuit involving cybersquatting....more

The State of Information Technology Law - 2012

I. INTRODUCTION - On September 16, 2011, President Obama signed the Leahy Smith America Invents Act (AIA) (H.R. 1249). The AIA is the most sweeping modification of the Patent Act since 1952. Among the various objects...more

The State of Information Technology Law 2011 - Anticybersquatting Consumer Protection Act, Antitrust and Electronic Discovery

XXI. ANTICYBERSQUATTING CONSUMER PROTECTION ACT A. CASE LAW 1. U.S. Courts of Appeal a. Office Depot, Inc. v. Zuccarini 596 F.3d 696 The U.S. Court of Appeals for the Ninth Circuit upheld on February...more

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