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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 District [...] 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 [...] 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 [...] 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 [...] 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 . . [...] 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 [...] 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 [...] Ashley Judd won an arbitration under the Uniform Domain Name Dispute Resolution Policy (UDRP) of Internet Corporation for Assigned Names and Numbers (ICANN). Case No. D2009-1099. Ladies Professional Golf Association (LPGA) retrieves the domain name lpgatour.com from a Canadian citizen who claimed that since he was not a U.S. Citizen, he was not bound by U.S. law. While he is probably right in some regards, his registration with a domain name registrar subjects him to the Uniform Domain Name [...] In a UDRP decision, the holding company for Radioshack’s trademarks has succeeded in gaining control of Radioshacksucks.com. This brings up the subject of “sucks” sites, which obviously are not liked by the trademark owners, but are rarely confused as being the same source as the trademark. 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 [...] |
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