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Arizona For-Profits May Now Use .org In Domain Name

abajournal: Arizona for-profits may now use .org in domain name.  The State Bar has reconsidered its prohibition on the use, according to this article:

That’s the same conclusion an Arizona ethics panel reached in reconsidering a decade-old decision, which was based on state laws prohibiting lawyers from making false statements about their services. The original [...]

Policing your Trademark — You have a Cybersquatter

I Have a Trademark, How do I Evict the Cybersquatter from My Domain Name?

The domain name business remains rough-and-tumble. Little consideration goes into the niceties of paying attention to trademark rights. If you have a federally registered trademark and don’t already have a corresponding domain name, chances are the domain name has already been [...]

Intellectual Property and the U.S. Economy: Industries in Focus

The U. S. Patent and Trademark Office, together with the Economics and Statistics Administration,  has just released a report on Intellectual Property’s effect on the U. S. economy. You can find the report here.

The take-away message is that in 2010, Intellectual-Property-intensive industries, directly or indirectly, generated 40 million jobs in the U. S. In [...]

Do Fraudulent Transfer Laws Apply To Domain Names?

Wealth Strategies Journal: Trademarks have always been an important corporate asset, but these days they can be much more so when they are also internet domain names that attract and direct customers to websites where products are sold. Thus, it follows that a business in distress or in a dispute will naturally try to [...]

Opposition to the Protect IP Act

The Volokh Conspiracy:  Happy Fourth to you all! Along with 90 (and still counting) other Internet law and IP law professors, I have signed a letter (drafted by Dave Levine, Mark Lemley, and me) in opposition to Sen. Leahy’s “PROTECT IP Act.” [The letter is posted below — the text of the bill, [...]

Troubling Decision in Matter Involving Anonymous Bloggers

Internet Cases:  “A financial consulting company has filed a lawsuit in federal court in Colorado alleging that certain anonymous web users have posted defamatory statements about the plaintiff on blogs and in message forums.  The plaintiff asked the court for an order permitting it to serve subpoenas . . . to uncover the [...]

Trademark Holder not Entitled to Domain Name Registered Years Before

Internet Cases:  “A recent case arising under the Uniform Domain Name Dispute Resolution Policy (UDRP for short) shows us that the earlier domain name registration is usually going to be on solid ground against a later-arriving trademark owner.”  The case is Arizona State Trailer Sales, Inc. d/b/a Little Dealer Little Prices RV v. World Wide [...]

Injunction is No Great Leap for Court in “Skydive Arizona” Case

E-Commerce Law:  “On April 29, 2010, the United States District Court for the District of Arizona granted, in part, Plaintiff’s request to enjoin the Defendants’ use of certain trademarks and domain names related to skydiving in Arizona.  Skydive Arizona, Inc. v. Quattrocchi, 2010 WL 1743189 (D. Ariz. April 29, 2010).”

Gripe Site Prevails in Domain Cybersquatting Case

Jacqui Cheng of Law & Disorder reports on the results of cybersquatting case where the defendant prevailed because it was a website that was critical of the trademark owner.  The article begins:

“A gripe site that incorporates a company’s entire trademark into its domain is still protected under the First Amendment, a US [...]

How to Lose a Cybersqatting Case against a Serial Cybersquatter

Digital Media Lawyer Blog:  “It seems unthinkable.  How can a business that has registered and used a trademark for a decade lose an ACPA case against a serial cybersquatter who has been adjudicated to have used the mark at issue in bad faith?  The fact is that it can and does happen.  When [...]

Court Applies Calder Effects Test in Typosquatting Case

E-Commerce Law:  “The Plaintiff, Weather Underground, Inc. (‘Weather Underground’), is a commercial weather services that indexes information provided to it by multiple weather stations and generates revenue from subscriptions and advertisements.   The primary Defendant, Navigation Catalyst Systems, Inc. (‘NCS’), is a domain name holding company which acquires generic and descriptive domain names [...]

Was the Court’s Order that a Cybersquatter to Turn Over 700 Domain Names that Incorporated Names of Non-appearing Parties to a Plaintiff Proper?

Digital Media Lawyer Blog:  “In a recent ruling, a judge in the Central District of California ordered a defendant in a cybersquatting case to turn over hundreds of domain names that incorporated the names of professional athletes to the plaintiff, Toronto Raptors power forward Christopher Bosh. . . . See Bosh v. Zavala [...]

Glenn Beck’s UDRP Complaint Gets The Smack Down

Citizen Media Law Project:  “WIPO Arbitration Panelist Frederick M. Abbot has denied Glenn Beck’s UDRP complaint against . . . Isaac Eiland-Hall, the man behind glennbeckrapedandmurdereda younggirlin1990.com. . . . Panelist Abbot ruled that Eiland-Hall’s domain name was a “legitimate noncommercial or fair use of [Beck's] mark,” dooming Beck’s claim . . . [...]

Domain Names: Federal Court or UDRP Arbitration?

Attorney David Johnson, author of the Digital Media Lawyer Blog, wrote an interesting article on a trademark holder’s choice of forum when seeking to obtain a domain name from a cybersquatter.  The action may be a lawsuit in federal court or an arbitration under ICANN’s Uniform Dispute Resolution Procedure.  The article is titled [...]

Using a Domain Name as Collateral for a Debt

A domain name is an asset.  Some domain names have substantial value.  It is possible to use a domain name as collateral for a loan, but there are important issues that must be addressed for the creditor to be protected and have the right to foreclose and sell the domain name.  For a [...]

Glenn Beck Files UDRP Claim to Get Domain Name

Citizen Media Law Project:  “In September 2009, conservative talk show host and self-described ‘rodeo clown’ Glenn Beck filed an administrative complaint with the WIPO Arbitration and Mediation Center under the Uniform Domain Name Dispute Resolution Policy (UDRP) against the privacy service for glennbeckrapedandmurderedayounggirlin1990.com.  (The UDRP is a policy that website operators automatically agree [...]