Corresponding to Trademarks, But Nonactionable Claims for Cybersquatting
The threshold for an actionable claim under the Uniform Domain Name Dispute Resolution Policy (UDRP) is a trademark in which complainant has rights. "Rights" means a trademark that could have been...
View ArticleControversial Chinese Cybersecurity Law Gets 3rd Reading
The controversial Chinese cybersecurity law that has been sparking objections amongst foreign governments and business groups reached a step closer to approval today as parliament held the third...
View ArticleUS DMCA Rules Updated - Now Legal to Hack Devices, Cars, Video Games, If Done...
The U.S. government has released an updated version of the Digital Millennium Copyright Act (DMCA), adding a list of new exemptions that will protect cybersecurity professionals from prosecution over...
View ArticleThe Strength of Top-Level Domains in UDRP Decisions
Another domain name dispute decision — this one for <24hour.fitness> — has highlighted the increasing (potential) relevance of the top-level domain (TLD) under the Uniform Domain Name Dispute...
View ArticleCertifying to Merit and Proper Purpose in Alleging and Defending...
Parties to a UDRP proceeding must include a certification similar in U.S. practice to Rule 11 of the Federal Rules of Civil Procedure (and undoubtedly a feature in procedural codes in other judicial...
View ArticleCan the Internet Work Across Borders?
On the face of it, the answer is a rather obvious and simple "yes"! The Internet obviously works across borders. Technically, it is a global network servicing its users wherever they may be on the...
View ArticleClik here to view.
What Steps Can Africans Take and Lead in Internet Governance and Social Justice?
Almost three years ago, I published a blog post on CircleID titled "Internet Governance: Why Africa Should Take the Lead." I argued that African Internet stakeholders use a 'wait and see approach' in...
View ArticleWhen CDA Immunity is Not CDA Immunity
Here's a question: If 47 USC 230(c) (the Good Samaritan provision of the Communications Decency Act) says that online services are not liable for third party content, then can you even sue the online...
View ArticleThe Sharing Economy and Sec. 230(c) of the Communications Decency Act
The sharing economy is a challenge for local communities. On the good, it creates economic opportunity and reduces the price. On the bad, it circumvents public safety and welfare protection. Such is...
View ArticleClik here to view.
2016 U.S. Election: An Internet Forecast
The unexpected election of Donald Trump, along with continued Republican control of both houses of Congress will have a big impact on our US priorities. While the outlook remains unclear, we've...
View ArticleUDRP Standing: Proving Unregistered Trademark Rights
The Uniform Domain Name Dispute Resolution Policy is a non-exclusive arbitral proceeding (alternative to a statutory action under the Anticybersquatting Consumer Protection Act) implemented for...
View ArticleExcessive Offers to Sell Domain Names: Evidence of Bad Faith or Bona Fide...
Not infrequently heard in domain name disputes are cries of shock and gnashing of teeth that domain name holders may lawfully offer their inventory at excessive prices. Take for example TOBAM v. M....
View ArticleCourt Dismisses .Web Lawsuit, Says Agreement Not to Sue Is Enforceable
"Judge Percy Anderson of the U.S. District Court, Central District of California has granted ICANN's motion to dismiss in a lawsuit brought by a subsidiary of new TLD company Donuts," reports Andrew...
View ArticleLikely and Behind the Scenes Changes at the FCC
It should come as no surprise that the Federal Communications Commission will substantially change its regulatory approach, wingspan and philosophy under a Trump appointed Chairman. One can readily...
View ArticleAll About the Copyright Office's New DMCA System
Website publishers that want to protect themselves against claims of copyright infringement must participate in a new online registration system created by the U.S. Copyright Office for the Digital...
View ArticleGoogle Begins Publicly Sharing National Security Letters
In a note released this week, Google announced that it will begin publicly sharing National Security Letters (NSLs) it receives that have been freed of nondisclosure obligations either through...
View ArticleGood Faith and Abusive Registration of Domain Names
Not all domain names identical or confusingly similar to trademarks are actionable. Exhibit 1 are complainants whose trademarks postdate domain name registration. The latest example of this is Insight...
View ArticleYou Cannot Tell Your Customers to 'Shut Up' Anymore - Consumer Review...
Bad idea: Set up a business and provide poor goods or services; receive bad reviews online for your poor goods or services. Worse idea: Instead of treating your customers' feedback as free expert...
View ArticleHere's the Largest URS Complaint Ever Filed
A complaint under the Uniform Rapid Suspension System (URS) may — like the Uniform Domain Name Dispute Resolution Policy (UDRP) — include more than one domain name, but few URS complaints have done so....
View ArticleUsing Domain Name Privacy/Proxy Services Lawfully or to Hide Contact...
Privacy/proxy services carry no per se stigma of nefarious purpose, although when first introduced circa 2006 there was some skepticism they could enable cybersquatting and panelists expressed...
View Article