News & Analysis as of September 23, 2024

Trademarks › ACPA

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A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +

4th Circuit Agrees That Domain Re-Registration Is Subject To ACPA

Dunlap Bennett & Ludwig PLLC on 3/3/2023

Last month, the Fourth Circuit issued a landmark intellectual property ruling in The Prudential Insurance Company of America v. Shenzhen Stone Network Information Ltd., No. 21-1823 (4th Cir. Jan. 24, 2023)....more

Ninth Circuit Extends § 230 Immunity to Domain Name Registrars

McDermott Will & Emery on 2/17/2023

The US Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of the plaintiff’s suit against a domain name registrar, holding that the plaintiff did not adequately allege that the registrar used the...more

It’s PRUdent to Refrain from Cybersquatting: ACPA Applies to Domain Name Re-Registration

McDermott Will & Emery on 2/9/2023

The US Court of Appeals for the Fourth Circuit joined the Third and Eleventh Circuits in ruling that the re-registration of an infringing domain name with a bad faith intent to profit violates the Anti-Cybersquatting Consumer...more

Are You A Cybersquatter, Or Are You Just Being Cyberbullied?

Fox Rothschild LLP on 10/30/2017

The last decade has seen an unprecedented growth in technology, which has paved the way for internet globalization and given new meaning to the term “international commerce”. Consequently, the digital highway has become...more

Re-Registration of a Domain Name Constitutes “Registration” Under the ACPA (Jysk Bed’N Linen, Inc. v. Monosij Dutta-Roy)

McDermott Will & Emery on 3/3/2016

The U.S. Court of Appeals for the Eleventh Circuit affirmed a district court ruling imposing a mandatory injunction requiring transfer of certain domain names to the trademark rights holder. Jysk Bed’N Linen, Inc. v. Monosij...more

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

Knobbe Martens on 11/2/2015

In Academy of Motion Picture Arts and Sciences v GoDaddy.com, 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

And the Winner is? Digital Platform Liability for Trademark Infringement

Fenwick & West LLP on 8/12/2015

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

Lawyers Fighting Over Domain Names Never Looks Good

Gray Reed on 10/1/2014

Law360 reported that two competing DUI defense lawyers are fighting over the domain name www.dontblow.com. Well-known DUI attorney Tyler Flood is the plaintiff. He has been using the domain name www.DoNotBlow.com for almost...more

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

Fenwick & West LLP on 12/31/2013

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

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Trademarks › ACPA

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