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Domain Name Strategies for Start-Up Companies

Just as it is important for start-up companies to be mindful of early-stage trademark and copyright protection strategies (see our guides entitled “Trademark Strategies for Start-Up Companies” and “Copyright Strategies for...more

And the Oscar goes to . . .

The Academy of Motion Picture Arts and Sciences is planning to appeal a September judgment finding that GoDaddy did not violate anti-cybersquatting laws. Part of the Academy’s claim centered around the common practice of...more

GoDaddy victorious in dispute over OSCARS and ACADEMY AWARDS marks | World Trademark Review

In Academy of Motion Picture Arts and Sciences v, the US District Court for the Central District of California has entered judgment in defendant GoDaddy’s favour, holding that plaintiff Academy of Motion Picture...more

A Clean Sweep for F. Hoffmann-La Roche Domains

Healthcare giant, F. Hoffmann-La Roche (Roche) filed for and was awarded the transfer of 74 domain names that had been registered by multiple individuals. Roche had filed with the World Intellectual Property Organization...more

What Does It Take to Trademark Your Name? - Tartell, M.D. v. South Florida Sinus and Allergy Center, Inc., et al.

Addressing the question of when a professional name can be protected as a trademark, the U.S. Court of Appeals for the Eleventh Circuit found that the plaintiff doctor’s name had not acquired that distinction. Tartell, M.D....more

And the Winner is? Digital Platform Liability for Trademark Infringement

Much has been made of the question of liability for the operation or furnishing of digital platforms in the copyright context. Since the U.S. Supreme Court ruling that the provider of the Betamax recorder did not itself...more

United States and Canada Respond to ICANN’s Concerns over the “.sucks” Domain

In April 2015, the General Counsel of the Internet Corporation for Assigned Names and Numbers (“ICANN”) sent a letter to the United States’ Federal Trade Commission (the “FTC”) and Canada’s Office of Consumer Affairs (the...more

1f You Can R3ad Th15 – Security and Scam Alert

You may think there is no value in chasing domain name squatters because customers find your website through search engines, but consider squatters as internal and external security risks. A constantly evolving threat, there...more

A New Weapon to Combat Cybersquatting: File Suit against Domain Registrars and Hosting Companies

Cybersquatting, under the Anticybersquatting Consumer Protection Act (ACPA), 15 U.S.C. § 1125(d), is registering, trafficking in, or using an Internet domain name with bad faith intent to profit from the goodwill of a...more

Global Trademark Protection — 5 Practical Considerations

When Tim Berners-Lee developed the World Wide Web in 1990 as a tool to share information among specialized researchers, he likely did not anticipate the degree to which his invention would radically change — in just a few...more

The Launch Of .PORN & .ADULT TLDS

In 2011, the Internet Corporation for Assigned Names and Numbers (“ICANN”) made waves by approving the first adult entertainment industry-specific top-level domain (“TLD”), “.XXX,” administered by the ICM Registry. At that...more

UDRP Panel Tells Snapchat to Check Itself Regarding

By now you’ve probably heard of Snapchat. But if you are not among its growing core base of users between 13 and 23 years of age (probably a good deal younger than you, constant reader) there’s a good chance you are not a...more

Dot Sucks: A Battle Between Trademark Rights and Free speech

When the organization responsible for assigning domain names announced several years ago that it would expand the generic top level domain name system from the previous 21 to an unlimited number, brand owners knew their legal...more

EPIC Battle Launched Between Flooring Companies Over Trademark Infringement

On August 21, 2014, Shaw Industries Group, Inc. (“Shaw”), a Georgia corporation, and Columbia Insurance Company (“Columbia”), a Nebraska corporation, brought a trademark infringement action against Carlisle Wide Plank Floors...more

Academic Advertising Seeks to Protect “Community College Jobs” as Trademark

On April 15, 2014, Academic Advertising, LLC (“Academic”), a Georgia based limited liability company, brought suit against, Inc., and Michael Ang (“Jobelephant”), of San Diego, California, for trademark...more

Icann's Trademark Clearinghouse: Keeping Cyber Squatters at Bay?

Expansion of the domain name system - ICANN (the organisation that coordinates internet domain names) is in the process of expanding the domain name system by introducing hundreds of new global Top Level Domains...more

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 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., 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

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., Inc., the United States Court of Appeals for the Ninth Circuit held that the Anticybersquatting Consumer Protection Act (“ACPA”) does not provide a...more

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