Law

Domain Names as Second-Class Citizens

A new book by Dr. Konstantinos Komaitis (Lecturer in Law at the University of Strathclyde) provides a passionate yet legalistic and well-researched overview of the legal, institutional and ethical problems caused by the clash between domain names and trademarks. This is really the first decent book-length treatment of what is now a decade and a half of legal and political conflict between domain name registrants and trademark holders. more

Judge Kocoras Cuts Down $11MM Award Against Spamhaus to $27,000 - e360 v. Spamhaus

e360 v. Spamhaus is one of these cases that's been around so long it feels like an old friend. A few years ago, e360 got some press for winning an eleven million dollar damage award against Spamhaus. In a less heralded development, following a bench trial on damages, last week a district judge modified e360's damage award down to only $27,000 on its tortious interference and defamation claims. more

Trademark Holder Not Entitled to Domain Name Registered Years Before

Startups in the process of selecting a company or product name are often frustrated to see that someone else, years ago, registered the .com version of their newly thought-of name. Similarly, companies that have acquired a trademark registration wonder whether they can use their crisp new registration certificate to stomp out someone else who has been using a domain name similar to the company's new mark. A recent case arising under the UDRP shows us that the earlier domain name registration is usually going to be on solid ground against a later-arriving trademark owner. more

Why Aren’t There More Spam Lawsuits?

The CAN SPAM act has been in place for five and a half years. Compatible state laws have been in place nearly as long. Anti-spam laws in the EU, Australia, and New Zealand were enacted years ago. But the number of significant anti-spam lawsuits is so small that individual bloggers can easily keep track of them. Considering that several billion spams a day are sent to people's inboxes, where are all the anti-spam lawsuits? more

More Provocative Reasons for a Mandatory National Breach Disclosure

I read, with some small amount of discomfort, an article by Bill Brenner on CSO Online, wherein he interviewed several other CSOs and other "Security Execs" on their opinions on the firing of Pennsylvania CISO Robert Maley. For those who haven't heard about this, Mr. Maley was fired for talking about a security incident during the recent RSA conference without approval from his bosses. more

EU Ruling on Google Ad Keywords: Implications for Brand Owners

In a landmark judgment issued this past Tuesday, the European Court of Justice (ECJ) ruled that Google is not liable for trademark infringement when an advertiser purchases a keyword based on a competitor's trademark to trigger a search ad, so long as it removes infringing ads promptly when notified by brand owners. However, and this is critical, individual advertisers could be held liable if ads triggered by a keyword involving a competitor's trademark are found to confuse consumers. So, what qualifies as consumer confusion? more

Google Dumps Illicit Pharmacy Advertisements

Garth Bruen writes: Within the next few weeks Google plans to update its pharmacy policy which will restrict pharmacy advertisements. Once in effect, the updated policy will only allow VIPPS and CIPA certified pharmacies to advertise. Additionally these pharmacies can only target ads within their country. more

Comcast and e360 Settle Lawsuit

e360 initially filed suit against Comcast early in 2008. They asserted a number of things, including that Comcast was fraudulently returning "user unknown" notices and that they were certified by ReturnPath. Comcast filed a countersuit alleging violations of CAN SPAM, violations of the computer fraud and abuse act, as well as a number of other things including abuse of process. In April of 2008 the judge ruled in favor of Comcast and dismissed e360's case, while allowing the countersuit to proceed. more

10 Noteworthy Cyberlaw Developments of 2009

While I like John Ottaviani's perspectives on 2009's top Cyberlaw developments a lot, I independently developed my own top 10 list that has a different emphasis. You might enjoy the contrasts. My list... more

Last Decade in Spam

CAUCE, the Coalition Against Unsolicited Commercial Email, has looked back at the notable events of the last decade in our industry. Each year/link in the post explodes to a discrete blog entry with a month-by-month break-out of notable events. more

Opposition Mounts in Europe to Three-Strikes Proposals

Multiple reports today indicate that opposition is growing in Europe to plans for three-strikes policies that could lead to the termination of Internet access for some subscribers. In the U.K., protests are mounting over those plans in the recently introduced Digital Economy Bill. The BBC reports that thousands of people have signed a petition urging the government to reconsider its approach, while the Open Rights Group says it has seen a big spike in membership. more

Fraudsters Using Bogus and Legitimate Recruitment Sites to Con Job-Hunters Into Laundering Money

Reported today on BBC: "Police chiefs are urging people looking for work during the recession to be alert to online scams that trick them into laundering money. The Serious Organised Crime Agency (Soca) says websites are currently being used to recruit 'money mules'. The 'mules are ordinary people who send and receive payments through their bank accounts to facilitate business." Neil Schwartzman has also informed us of a related report by RSA FraudAction Research Lab based on several months of tracking various reshipping scams engineered by online fraudsters. more