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Clash of Trademarks and Domain Name on the Internet
Prepublication (work in progress) of Clash_of_TMs-Dns_Entire_1-17-23 (Scheduled for Publication Summer 2023).
The post Clash of Trademarks and Domain Name on the Internet appeared first on IP Legal Corner [ read more ]
The post Clash of Trademarks and Domain Name on the Internet appeared first on IP Legal Corner [ read more ]
Searching for the Meaning of “Registers” in the ACPA
Where outcomes depend on a word’s meaning, the first task is to define it. “Registers” which is one of the key words in the Anticybersquatting Consumer Protection Act (ACPA) is still in the process of definition. Its statutory context provides [ read more ]
What Due Diligence Satisfies Registrant’s Representations (UDRP)?
Not infrequently mark owners in disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) claim that respondents should have been aware that the domain names they registered corresponded to their marks; and from this, urge panelists to draw the [ read more ]
Offering Price As Evidence of Bad Faith Registration: A False (UDRP) Factor
I have pointed out in earlier posts that some panelists disapprove the business of speculating in domain names. There have been a succession of decisions expressing this view beginning with <crew.com> discussed below. Forfeiture has been justified with mixture of [ read more ]
Time of Registration in Determining Cybersquatting
While Panels under the UDRP and judges under the ACPA draw upon a similar body of principles in determining infringement —both mechanisms after all are crafted to combat cybersquatting—and though arbitration panels and judges undoubtedly view alleged tortious wrongdoing by [ read more ]
The Ninth Circuit Court of Appeals explained the difference betw
The Ninth Circuit Court of Appeals explained the difference between descriptive, but enforceable, registered marks and generic non-enforceable marks in Advertise.com, Inc. v. AOL Advertising, Inc., Case No. 10-55069 (9th Cir. Aug. 3, 2010) (pdf here). The Appeals Court reversed [ read more ]
The Ninth Circuit Court of Appeals explained the difference betw
The Ninth Circuit Court of Appeals explained the difference between descriptive, but enforceable, registered marks and generic non-enforceable marks in Advertise.com, Inc. v. AOL Advertising, Inc., Case No. 10-55069 (9th Cir. Aug. 3, 2010) (pdf here). The Appeals Court reversed [ read more ]
Waiting Too Long to Bring Copyright Infringement Suit – Laches No Bar Claim If Any Infringement Within Three Years
The Supreme Court, in Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. 1962 (2014), (available here), held that the defense of laches was not available to preclude adjudication of copyright infringement action brought within 17 U.S.C.S. § 507(b)’s 3-year limitations period [ read more ]
Waiting Too Long to Bring Copyright Infringement Suit – Laches No Bar Claim If Any Infringement Within Three Years
The Supreme Court, in Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. 1962 (2014), (available here), held that the defense of laches was not available to preclude adjudication of copyright infringement action brought within 17 U.S.C.S. § 507(b)’s 3-year limitations period [ read more ]
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