Law

EFF Cautions Against Unfair TLD Policies, Offers Advice on Choosing New gTLDs for Best Protection

In a white paper released on Thursday, EFF has warned domain registrants against unfair policies set by new TLD registries and offers ways to minimize exposure to trademark bullying. more

Trademark Registrations on the ‘Supplemental Register’ Don’t Count (in Domain Name Disputes)

The Uniform Domain Name Dispute Resolution Policy (UDRP) has never required that a complainant own any trademark registrations to succeed in a domain name dispute, given that common law trademark rights (if properly established) are sufficient. But, as a pair of recent UDRP decisions reminds us, even some registrations are inadequate. The issue relates to the first element of every UDRP complaint, which requires the party seeking relief to prove that the "domain name is identical or confusingly similar to a trademark... more

The URS Also Applies to These Top-Level Domains

The Uniform Rapid Suspension System (URS) is often described as a domain name dispute policy that applies to the new gTLDs. While that's true, the URS is actually broader than that. The URS (a quick and inexpensive policy that allows a trademark owner to obtain the temporary suspension of a domain name) applies to more than just the new gTLDs, that is, those top-level domains that are a part of ICANN's 2012 domain name expansion. more

Afghanistan Enacts Law Targeting Online Crime and Militancy

Afghanistan's President Ashraf Ghani has signed into law a cybercrime bill this week targeting online crime and militancy by groups such as the Taliban and Islamic State despite concerns it could limit free speech. more

U.S. Lawmakers Wary of Kaspersky Lab, the Russian Cybersecurity Firm

U.S. Congress is growing increasingly suspicious of the popular Russian anti-virus software provider, Kaspersky Lab. more

Cycling Legend Greg LeMond Sues Cybersquatters Upward of $6.6 Million

A federal restraining order has been issued against a father and son accused of registering several domain names based on cycling legend Greg LeMond's name and his company. more

Building a Case for Cybersquatting Under the UDRP

A number of recent UDRP decisions remind trademark owners (and counsel) that cybersquatting cases have to be built from the ground up. Each stage has its evidentiary demands. The first two demand either/or proof; the third, the most demanding, requires proof of unified or conjunctive bad faith registration and bad faith use of the accused domain name. Priority, which intuitively would be thought a factor under the first stage (as it is under the ACPA) is actually a factor under the third stage. more

Trump Administration Doubles Down on Surveillance

The White House has expressed its full support on the need for permanent reauthorization of Section 702, created "to address an intelligence-collection gap that resulted from the evolution of technology in the years after FISA became law in 1978." more

China’s New Cybersecurity Law Will Be in Effect Starting Thursday

According to the official news agency, Xinhua, implementation of China's controversial Cybersecurity Law will begin on June 1, requiring strict data surveillance and storage for companies operating in the county. more

Core Principles of Domain Name Law Created in UDRP Proceedings

When in the Fall of 1999 the Internet Corporation for Assigned Names and Numbers (ICANN) implemented the Uniform Domain Name Dispute Resolution Policy, it did not come with a fully formed jurisprudence. Panelists were essentially on their own in creating it. They had some guidance from a lengthy and detailed report published by the World Intellectual Property Organization ... and a basket of principles derived from trademark law, but panelists had to build the jurisprudence from scratch. more

What It Takes to Prove Common Law Rights in UDRP Complaints

The Uniform Domain Name Dispute Resolution Policy now has seventeen years of history. A high percentage of disputes are indefensible and generally undefended. As the history lengthens, early registrants of dictionary word-, common phrase-, and arbitrary letter-domain names have been increasing challenged in two circumstances, namely by businesses who claim to have used the unregistered terms before respondents registered them and later by emerging businesses with no history prior to the registrations of the domain names. more

Balancing Rights: Mark Owners, Emergent Businesses, and Investors

Is there any act more primary than naming? It comes before all else and makes possible what follows. For the most part, names are drawn from cultural assets: collections of words, geographic locations, family names, etc. They can be valuable, which is why they are guarded, protected, and hoarded. The balancing of rights among those competing for names is a deliberate feature of the Uniform Domain Name Dispute Resolution Policy (UDRP). more

Trump Signs Cybersecurity Executive Order, Experts Weigh in on the New Draft

The long-waited cybersecurity executive order expected to launch sweeping reviews of the federal government's digital vulnerabilities, was signed today by President Trump. more

Russia Hacker Sentenced to 27 Years in Prison by U.S. Federal District Court

A 32-year-old Russia man was sentenced on Friday to 27 years in prison for computer hacking crimes that is reported to have caused over $169 million in damages to small businesses and financial institutions. more

Craigslist Gets a $40 Million CAN-SPAM Judgment

Classified ad site craigslist is famously protective of its contents. While they are happy for search engines like Google to index the listings, they really, really do not like third parties to scrape and republish their content in other forms. In 2013 craigslist sued a company called 3taps which had created an API for craigslist data. They also sued real estate site Padmapper, which showed craigslist and other apartment listings on a map, something craigslist didn't do at the time. more