Law

A Template for Adequacy: EU Pitches for Data Protection Gold Standard

Largely unnoticed by technology and Brussels wonks, the European Commission's on adequacy for international data flows was released in early January. The primary aim of this document is to promote the EU's data protection regime as the global gold standard, to which other countries should aspire. In so doing, the Commission wants to remove data protection as a bargaining chip in free trade negotiations, insisting this should instead be dealt with separately, by opening adequacy negotiations with the Commission.

The Worrying Prospects for Digital Trade Under President Trump

US leadership and influence online stems from US innovation and corporate risk-taking. But it also is the direct result of US Government policy. In the early days of the web and e-commerce, the Clinton administration recognized they had to figure out a strategy to reconcile the internet, which is global, with laws and regulations, which are domestic. Instead of demanding negotiations for shared global rules, Administration officials put forward a set of principles, which they called the Framework for Global Electronic Commerce.

Identical or Confusingly Similar to Trademarks but Noninfringing Domain Names

Domain names may be confusingly similar to trademarks or even identical or but not infringing. This is particularly true of trademarks acquired later than the allegedly infringing domain names ArcBest Corporation v. Domains By Proxy, LLC, Registration Private / Vernon Troupe, D2016-2381 (WIPO January 13, 2017) (<arcbest.com>, in which "ark" is a contraction of "Arkansas"), but it can also apply to marks composed of common element that predate domain name registration...

Is More Protection of Intellectual Property Rights Necessary on the Internet?

I firmly believe that we need to protect any form of intellectual properties (IP) built by one through hard and honest work. At the same time, I also believe that several of the current methods of protecting IP, such the as the copyright laws, patent systems and legislations, are not evolving fast enough in order to protect IP and avoid hindering the path of creativity and innovation.

Are Domain Names Contract of Services or Property Rights?

There are several perspectives from which one can give various answers to the question of 'what are domain names?'. Originally the domain name system started and continues to be a human-friendly way of addressing to a set of machines or specific machine connected to the Internet. Hence, from the technical perspective, a domain name is simply an address consisting of a combination of alphanumeric and symbols to communicate with a machine which also happens to be hosting certain services in form of data and information on it.

When a ‘Response Fee’ is Required in a URS Case

Although filing fees in domain name disputes are usually paid for by the trademark owner that files a complaint, the Uniform Rapid Suspension System (URS) contains a little-noticed provision that, in large cases, requires the domain name registrant to pay a fee to defend itself. The so-called "Response Fee" is only required in URS cases that include 15 or more disputed domain names.

When to Consider ‘Both Sides of the Dot’ in a Domain Name Dispute

In the case, filed by Michelin, the panel found the domain name 'tyre.plus' confusingly similar to the trademark TYREPLUS. Specifically, the panel wrote: "If one ignores the 'dot' between the Second-Level Domain ('tyre') and the Top-Level Domain ('plus'), the mark and the Domain Name are identical..." It's an issue that's arising with increasing frequency -- just as I had predicted.

Counterfeit Marks and Counterfeit Goods: Pretense in Cyberspace

The term "counterfeit" is defined under U.S. trademark law as "a spurious mark which is identical with, or substantially indistinguishable from, a registered mark." 15 U.S.C. § 1127 (Lanham Act, Sec. 45). Used as a noun, domain names ultimately found to have been registered in bad faith make their registrants cybersquatters by definition. But more commonly we encounter counterfeiting as an adjective as it applies to spurious goods (counterfeit goods) -- "made in exact imitation of something valuable or important with the intention to deceive or defraud."

Luddites of the 21st Century Unite, Revisited

Some years ago I wrote a post on the fact that I saw the world automate fast and did not see a lot of people worrying about the consequences for their lives. Nobody was smashing automated production lines. Smashing smartphones and laptops. In fact, embrace of new technology by the masses probably never before in history went this fast. Several and very different causes, including globalization, have led to a level of wealth that made these expensive tools and toys within reach of a vast number of people.

FAKE45: Trump Administration Illegitimacy Under International Law

The FAKE45 sign in the photo lower right corner appearing on the front page of today's Washington Post -- ironically in front of the Department of Justice headquarters -- captures a result of yesterday's events that may have far-reaching consequences. About 4.5 million people -- including a million in Washington DC alone -- spontaneously came together from every corner of the nation and world to question the legitimacy of a Trump Administration, express disdain for its actions, and assert the repugnancy of its positions. I was there.