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A Swedish court on Friday found all four defendants guilty in a copyright test case involving one of the world's biggest free file-sharing websites. "The Stockholm disctrict court has today found guilty the four individuals that were charged with accessory to breaching copyright laws," the court said in a statement. "The court has sentenced each of them to one year in prison." more
The Recording Industry Association of America (RIAA) has been taking a lot of people to court -- basically, harassing folks in an attempt to curb file-sharing. The $220,000 verdict against Jammy Thomas got a lot of news (and probably worried a lot of folks). However, on appeal (i.e., after a new court not cherry-picked by the RIAA to try the case looked things over), the RIAA lost... again. ...At its heart, the verdict reaffirms that simply making a copyrighted work available is not the same as actually distributing the work. more
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
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
The cybersecurity landscape in 2024 has been characterised by unprecedented complexity and rapidly evolving threats, presenting significant challenges for organisations across all sectors. As the digital attack surface expands and threat actors employ increasingly sophisticated techniques, domain security has emerged as a critical component of a robust cybersecurity strategy. more
For any entity looking to launch a new company or other initiative, a primary requirement is often the selection of an appropriate brand name and the acquisition of a relevant associated domain name. In light of the increasing shortage of short, unregistered memorable names on popular domain name extensions (TLDs), many organisations are choosing to adopt novel or invented brand names and/or consider the use of alternative TLDs. more
In CSC's recent insight paper, we address the trend that many business leaders today don't realize the extent to which their modern enterprise -- and its millions of digital assets -- rely on. It's a vast domain ecosystem that needs to be protected from online threats. Often, to better understand this need for domain security, we need to understand how critical and interconnected domains are within a business. more
As with any high-stakes event, elections have become a prime target for cybercriminals seeking to exploit public trust through impersonation, misinformation, and scams. CSC's comprehensive research about the 2024 U.S. Election reveals the alarming role of dormant domains, which have the potential to be exploited for launching cyber attacks against political campaigns, organizations, and constituents. more
In the final three articles in my series looking at algorithms for measuring the similarity of marks, I extend the ideas to provide a more sophisticated and adaptable framework. Article 4 introduces a similarity score based on color distance in RGB space, offering a quantitative approach to trademark similarity. Article 5 refines word mark similarity by using the International Phonetic Alphabet to improve phonetic analysis. The final article presents a method for sorting colors by dominant shade, aiding in trademark review and potential guidelines for color mark protection. more
On October 10, all ISPs in the United States were supposed to have implemented and posted broadband labels. The labels were required as part of the Infrastructure Investment and Jobs Act. Large ISPs had to post labels six months ago, and now the requirement is for all ISPs. I looked at the ISPs in a few counties I'm very familiar with, and I found a few ISPs in each county that have not posted labels that I can find on their website. more
Expanding on a framework for quantifying word mark similarity by examining algorithms and proposing enhancements. This article assesses consistency with UK trademark case decisions and a search tool, explores subsequence analysis for similarity, and suggests using IPA phonetics to measure aural likeness. The objective framework could improve consistency in trademark assessments, despite the inherent subjectivity of legal tests. more
In today's interconnected world, your business's online identity is increasingly more vulnerable than ever. With the rapid advancement of AI and 6G technologies, cyber threats are evolving at an alarming rate, making it critical to protect your brand's digital presence. How can businesses proactively safeguard their online identity in this changing landscape? more
In my recent article on mark similarity measurement, I discussed a possible framework for protecting colour marks. The framework involves the specification of each colour according to its RGB (red-green-blue) specification (in which each component is expressed as an integer value between 0 and 255), with the suggestion that the protection afforded by a colour trademark could incorporate not only this exact colour, but also all similar colours around it up to a certain 'distance'... more
Central to many intellectual property disputes is an assessment of the degree of similarity of two contested marks. A determination of similarity is fundamentally a subjective decision involving a range of relevant tests, which include consideration of the perception of the relevant consumer and recognition of the existence of degrees of similarity within a spectrum (from high to low). more
In the fourth in this series of articles exploring how the application of appropriate tools, algorithms and analysis techniques can identify the existence of attractive, unregistered brandable domain names, I consider the prevalence of a few additional styles of name. more
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