Brand Protection

Public Sharing and a New Strategy in Fighting Cyber Crime

A couple of years ago I started a mailing list where folks not necessarily involved with the vetted, trusted, closed and snobbish circles of cyber crime fighting (some founded by me) could share information and be informed of threats. In this post I explore some of the history behind information sharing online, and explain the concept behind the botnets mailing list... we may not be able to always share our resources, but it is time to change the tide of the cyber crime war, and strategize. One of the strategies we need to use, or at least try, is public information sharing of "lesser evils" already in the public domain. more

Domain Name Lessons From iTunes

What do iTunes and a cooperative domain-name Intellectual Property (IP) regime have in common? They are market solutions to illegal activity: free downloading of music and free use of brands in domain names, respectively. The music industry tried to fight the free downloading of copyright-protected music by taking legal action against free downloaders under the pretext that their activity siphons industry revenue... more

Google, Viacom, Privacy and Copyright Meet the Social Web

In all the recent uproar (New York Times, "Google Told to Turn Over User Data of YouTube," Michael Helft, 4 July 2008) about the fact that Google has been forced to turn over a large pile of personally-identifiable information to Viacom as part of a copyright dispute (Opinion), there is a really interesting angle pointed out by Dan Brickley (co-creator of FOAF and general Semantic Web troublemaker)... more

CIRA Creates Backdoor WHOIS Exceptions for Police and IP Owners

Earlier this year, I wrote glowingly about the new CIRA whois policy, which took effect today and which I described as striking the right balance between access and privacy. The policy was to have provided new privacy protection to individual registrants - hundreds of thousands of Canadians - by removing the public disclosure of their personal contact information... Apparently I spoke too soon. more

Revision3 and Media Defender

Lots of coverage in the last two days about a Memorial Day weekend attack that took down the servers of Revision3, an Internet video network. This story has a lot of ingredients -- P2P maneuvering, DDoS attack, copyright vs. piracy, talk of laws broken and the FBI investigating.  more

Online Critics and Unlawful Harassment from Trademark Holders

The following is based on my experience and interpretation of the UDRP and the relevant laws of the United Kingdom and European Union. This is not legal advice but just my own experience and interpretation. How does a UK citizen create a non-commercial trademark.tld parody criticism website and avoid harassment from the trademark holder? Here are the steps... more

In Historic Vote on WHOIS Purpose, Reformers Win by 2/3 Majority

It has taken almost three years -- by some counts, more than 6 years -- but ICANN's domain name policy making organization has finally taken a stand on Whois and privacy. And the results were a decisive defeat for the copyright and trademark interests and the US government, and a stunning victory for advocates of the rights of individual domain name registrants... more

What Legal Framework for Online Identity?

Have you ever thought of how reputation is created in cyberspace? Beth Noveck wrote an article, 'Trademark Law and the Social Construction of Trust: Creating the Legal Framework for On-Line Identity' in which she argues that, to determine what rules should govern on-line identity, we should look to trademark law, which has the best set of rules to deal with the way reputation is created in cyberspace. more

Criticism of Trademark Owner Deemed Legitimate Interest under ICANN UDRP

BioCryst Pharmaceuticals, Inc., of Birmingham, Alabama, challenged registration of domain name www.biocrystpharmaceuticals.com. Respondent used domain name to criticize the Complainant's business (BioCryst Pharmaceuticals, Inc. v. Kumar Patel, Case No. D2005-0674). Panelist Daniel Gervais denied relief, stating... more

Your Trademark Sucks.com

Recent attention to the Eighth Circuit decision in Coca-Cola v. Purdy brings to mind the class of sometimes difficult cases involving the use of another's trademark as a domain name for criticism. An ICANN UDRP decision, Full Sail Inc. v. Ryan Spevack, Case No. D2003-0502 (WIPO October 3, 2003), by Mark VB Partridge, presiding panelist, with Frederick M. Abbott and G. Gervaise Davis III, included a review and analysis of the "your trademark sucks.com" cases that remains a useful reference worthy (I hope) of the lengthy quote below. more