Law

Brand Owners, Representatives of WIPO and ICANN Discuss New gTLD Concerns

Managing Intellectual Property, in association with Finnegan, has released an article based on a recently hosted discussion regarding ICANN's approved plans to open the domain name system to an unlimited number of generic top-level domains (gTLDs) and how the Implementation Recommendation Team's (IRT) recommendation will affect brand owners. Topics included the main concerns with new gTLDs from a brand owner's perspective, the role of IRT, enforcement issues, and navigating the new domain name space. Finnegan partners David Kelly and Jonathan Gelchinsky participated with J Scott Evans of Yahoo! Inc., Elisabeth Roth Escobar of Marriott International, Inc., Erik Wilbers of WIPO Arbitration and Mediation Center, and Kurt Pritz of ICANN for the roundtable. more

SnapNames Faces Lawsuit; Attorney Says Domain Industry Is the Wild West Because It Is Unregulated

A class action lawsuit was filed today in Miami-Dade County Circuit Court on behalf of lead Plaintiff Carlos A. Cueto and others who participated in online auctions for domain names. In the lawsuit, Mr. Cueto alleges that an executive of the company conducting the auctions acted as a shill bidder to manipulate bids. The domain names were auctioned online by Oversee.Net, Inc. subsidiary SnapNames.Com, Inc. "The domain name industry is the wild west of intellectual property because it remains unregulated. The online community has been up in arms over what they feel has been an opaque system that just begs for transparency. It is impossible to know whether you are bidding against someone that isn't working or affiliated with the company conducting the auction," said attorney Santiago A. Cueto. more

Why WIPO’s Proposed Fast-Track UDRP Process is Flawed

In the midst of ICANN's decision to ask the Generic Names Supporting Organization (GNSO) to create proposals on trademark protection mechanisms, the World Intellectual Property Organization (WIPO) announced that it will launch a fast-track UDRP process... The WIPO move is flawed and creates various problems. Here is an account. more

Privacy Polls v. Real-World Trade-Offs

A recent telephone poll conducted by professors at Berkeley and the University of Pennsylvania concluded, "Contrary to what many marketers claim, most adult Americans (66%) do not want marketers to tailor advertisements to their interest." The study's authors claim that their poll is the "the first nationally representative telephone (wireline and cell phone) survey to explore Americans' opinions about behavioral targeting by marketers." ... But what is most surprising about this poll is not that 66% of users said they do not want tailored online ads, but that 34% of users said they did! more

Net Neutrality Alternative: Effective Interpretation, Oversight and Enforcement of Existing Rules

The US government is proposing broad new regulations for telecommunications and cable internet service providers. The new proposals appear to target specific providers for regulation and government oversight. Specifically, Massachusetts Senator Ed Markey has proposed the Internet Freedom Preservation Act of 2009, or the "Net Neutrality" bill, outlining government policies to impose new governance and restrictions targeting telecommunications and cable providers AT&T, Verizon, Time Warner and Comcast. more

Net Neutrality, Slippery Slopes &  High-Tech Mutually Assured Destruction

Ten years ago, Nobel Prize-winning economist Milton Friedman lamented the "Business Community's Suicidal Impulse:" the persistent propensity to persecute one's competitors through regulation or the threat thereof. Friedman asked: "Is it really in the self-interest of Silicon Valley to set the government on Microsoft?" After yesterday's FCC vote's to open a formal "Net Neutrality" rule-making, we must ask whether the high-tech industry -- or consumers -- will benefit from inviting government regulation of the Internet under the mantra of "neutrality." more

Domain Names as Property Subject to Creditor Claims - Bosh v. Zavala

Most people take it for granted that domain names are property. As such, there shouldn't be much dispute that domain names are subject to the claims of judgment creditors. But I've seen enough resistance to this position that I thought a recent case was worth a quick mention. more

Bill C-27: Historic Canadian Anti-spam Legislation Battered, But Still Unbeaten

As readers of CircleID have seen, there has been a lot of activity (for example, Michael Geist's "Canadian Marketing Association Attacks Anti-Spam Bill"), as the final votes of C-27 grow nearer. The history towards getting a spam law passed in Canada has been a long one. For years, CAUCE encouraged legislators to undertake this important work... Fast forward a few years, and a few governments, and suddenly we have a law tabled in the House of Commons... more

Canadian Marketing Association Attacks Anti-Spam Bill

With the final Industry Committee review of C-27, Canada's anti-spam legislation, set for Monday afternoon, lobby groups have been increasing the pressure all week in an effort to water down many of the bill's key protections. Yesterday, the Canadian Marketing Association chimed in with an emergency bulletin to its members calling on them to lobby for changes to the bill. While the CMA was very supportive of the bill when it appeared before the committee in June, it now wants to kill the core protection in C-27 - a requirement for express opt-in consent. more

Ten Years of UDRP

In 1999, the Internet Corporation for Assigned Names and Numbers (ICANN) developed a policy to resolve disputes between trademark owners and registrants of domain names. This policy, the Uniform Domain-Name Dispute Resolution Policy (UDRP) was made available for disputes concerning an alleged abusive registration of a domain name. In the past 10 years alone, more than 16,000 disputes have been filed resulting in more than 10,000 domain name transfers. more

Does Eolas Patent Infringement Case Against Microsoft, Apple and Others Have Web Implications?

Eolas, a technology company that was awarded $565 million in a patent infringement settlement against Microsoft in 2007 is embarking on another campaign against others under the same grounds of patent violation. The latest lawsuit alleges that Apple and 22 companies are in violation of U.S. Patent Nos. 5,838,906 and 7,599,985, which involve embedded Web applications within a browser. The list of infringers also include Google/Youtube, Yahoo, Adobe, Amazon, Blockbuster, Citigroup, eBay, Frito-Lay, Go Daddy, J.C. Penney, JPMorgan Chase, Office Depot, Perot Systems, Staples, Sun Microsystems, Texas Instruments even adult-oriented Playboy. more

Pew Looks at the State of Online Music Ten Years After Napster

Pew Internet reporting on the 10th anniversary of the Napster's launch: "As researchers look back on the first decade of the 21st Century, many will no doubt point to the formative impact of file-sharing and peer-to-peer exchange of music on the internet. Distributed networks of socially-driven music sharing helped lay the foundation for mainstream engagement with participatory media applications. Napster and other peer-to-peer services "schooled" users in the social practice of downloading, uploading, and sharing digital content, which, in turn, has contributed to increased demand for broadband, greater processing power, and mobile media devices." more

Downloading is Not Enough… Probably

Peer to peer download services are still popular with music-loving kids, it seems. The second annual survey of young people's music consumption by pressure group UK Music found that three-fifths of the 1,808 18-24 year olds who took part said they used p2p services, and four-fifths of those did so at least once a week. This is almost the same as last year's result, and would seem to indicate that the efforts by the music industry to offer a range of licensed alternatives to Limewire and other p2p services have failed to have any real impact. more

Comment on the Kleiman/Komaitis Proposal on Multiple IP Clearinghouses for the New gTLD Process

I recently learned about a meeting that took place between ICANN staff and Noncommercial Users Constituency (NCUC) members Kathy Kleiman and Konstantinos Komaitis regarding the Implementation Recommendations Team (IRT) recommendations for the protection of intellectual property rights in new generic Top-Level Domains (gTLDs). My comment relates to the White Paper published by Ms. Kleiman and Mr. Komaitis with respect to the notion of having multiple Regional Trademark clearinghouses (TMCs). For the reasons stated in this comment, the KK Proposal fails a number of the benchmarking checklists used by the IRT in evaluating proposals. more

How Copyright Violators Are Removed from Search Engine Listings Based on DMCA

It may not be widely-known but the big 3 search engines -- Google, Yahoo! and Bing -- have established procedures for removing natural search results on the basis of the Digital Millennium Copyright Act (DMCA). That's good news for brand owners: if consumers can't find infringing websites via the search engines, they're less likely to come across them at all... more