Law

Criticism of Trademark Owner Deemed Legitimate Interest under ICANN UDRP

BioCryst Pharmaceuticals, Inc., of Birmingham, Alabama, challenged registration of domain name www.biocrystpharmaceuticals.com. Respondent used domain name to criticize the Complainant's business (BioCryst Pharmaceuticals, Inc. v. Kumar Patel, Case No. D2005-0674). Panelist Daniel Gervais denied relief, stating... more

No Fines for Comcast

Note: this is an update on my earlier story, which incorrectly said that the AP reported that Chairman Martin was seeking to impose "fines" on Comcast. In fact, the story used the word "punish" rather than "fine," and a headline writer at the New York Times added "penalty" to it "F.C.C. Chairman Favors Penalty on Comcast" (I won't quote the story because I'm a blogger and the AP is the AP, so click through.) Much of the initial reaction to the story was obviously colored by the headline. more

Malware Detection Provider Gets Important Victory Allowing It to Flag Unwanted Driver Installer

Despite a recent Ninth Circuit decision denying immunity to malware detection software for targeting competitor's software, court holds that Section 230 protected Malwarebytes from liability for designating software driver program as potentially unwanted program. Plaintiff provided software that works in real-time in the background of the operating system to optimize processing and locate and install missing and outdated software drivers. more

ICANN Should Curb Anonymous Domain Name Abuses

E-commerce has revolutionized how businesses sell to consumers -- including those involved in illicit activities, such as websites peddling illegal narcotics, pirated movies and music, or counterfeit handbags. For example, 96 percent of Internet pharmacies do not comply with U.S. laws, and as they ship pills tainted with paint thinner, arsenic, and rat poison, they put the health and safety of consumers at risk. Why don't law enforcement officials do more to combat this problem? Partly because of the difficulty of identifying who is actually operating the illegal pharmacies. It is time to fix this, while allowing anonymity for those who deserve it. more

Crime vs. Cybercrime: Is the Law Adequate?

In 2001, I published an article on "virtual crime." It analyzed the extent to which we needed to create a new vocabulary -- and a new law -- of "cybercrimes." The article consequently focused on whether there is a difference between "crime" and "cybercrime." It's been a long time, and cybercrime has come a long way, since I wrote that article. I thought I'd use this post to look at what I said then and see how it's held up, i.e., see if we have any additional perspective on the relationship between crime and cybercrime... more

Warner Brothers Loses DaisyDukes.com Complaint

Warner Brothers Entertainment, which owns the rights to The Dukes of Hazzard and related characters, including DAISY DUKE, failed in its UDRP case against the registrant of the domain name DaisyDukes.com. The Panelist determined that although WB had common law rights in the DAISY DUKE mark and the registrant lacked rights and legitimate interests in the DaisyDukes.com domain name, WB failed to demonstrate that the registrant had registered and used the domain name in bad faith. more

ICANN Fails Consumers (Again)

In its bid to be free of U.S. government oversight ICANN is leaning on the global multistakeholder community as proof positive that its policy-making comes from the ground up. ICANN's recent response to three U.S. senators invokes the input of "end users from all over the world" as a way of explaining how the organization is driven. Regardless of the invocation of the end user (and it must be instinct) ICANN cannot seem to help reaching back and slapping that end user across the face. more

The Government of Niue Launches Proceedings With ICANN to Reclaim Its .nu Top-Level Domain

The Government of Niue, a small island 2,400 kilometers northeast of New Zealand, launched proceedings today demanding a "redelegation" of its country code top-level domain, .nu, from the Internet Corporation for Assigned Names and Numbers (ICANN). more

The Standards Paywalls Fall: Everyone Benefits

Yesterday -- in a unanimous decision of the US Federal Court of Appeals for the DC Circuit (CADC) in ASTM v. Public.Resource.Org --- some of the worst standards paywalls came tumbling down. The court definitively determined that where governmental authorities incorporate private organisation technical standards into law by reference, non-commercial dissemination of those standards "constitutes fair use and cannot support liability for copyright infringement." more

NAF Panelists and Complainants Caught Systematically Copying/Pasting Nonsense Into UDRP Decisions

In a recent article at DomainNameWire.com, CitizenHawk was called out by a National Arbitration Forum (NAF) panelist for the submission of automated complaints which contained complete nonsense. Through the discussion in the comments to that article, the community discovered that the problem is far deeper. It turns out that UDRP panelists at NAF have been churning out boilerplate cut/paste decisions of their own, with utter nonsense of their own, and that this has been going on for years. more

CAN SPAM and Affiliate Mailer Opt-Out

Many online businesses use affiliates to drum up business. The affiliate finds a lead somewhere, passes it to the business, and gets a commission if the lead turns into a sale. Web based affiliates are relatively uncontroversial, but affiliates who advertise by e-mail are a chronic problem due to their propensity to send spam, both spam as normally defined and as defined by CAN SPAM. Is it possible to do legitimate e-mail affiliate marketing? Maybe... more

Jurisdiction over Domain Names: Too Much Law Or Too Little?

In the prior issue of CircleID, I described registrations by John Zuccarini. Many of Zuccarini's registrations are typographic variations on well-known domain names, and Zuccarini typically redirects users to sexually-explicit content and pop-up advertisements. Despite scores of UDRP claims and ACPA suits, plus a major case brought by the Federal Trade Commission, Zuccarini's registrations remain in effect -- more than 5,000 strong, in my research. more

She Gave Me a Fake Phone Number!

The Intellectual Property Constituency, meeting at the ICANN conference in Vancouver, was interested in increasing ICANN's budget not because they thought they deserved it, but because they wanted ICANN to actually enforce the rules on the books about fake registrations. Now there's some evidence about how prevalent that is. If there's any surprise here, it's that the numbers are so low. more

How Much Do You Think a .ORG, .BIZ, or .INFO Domain Costs?

Whatever you think the answer is (typically about ten bucks), the answer is likely to change radically for the worse, based on new contracts that ICANN is planning to approve. On July 28th ICANN posted proposed new contracts for .ORG, .BIZ, and .INFO, for a public comment period that ends four days from now, on the 28th. There's a lot not to like about these proposed contracts, but I will concentrate here on two related particularly troublesome areas, pricing and data mining. more

Analysis of Domain Names Registered Across Multiple Existing TLDs and Implications for New gTLDs

The following is an analysis based on the hypothesis that trademark holders are not, in general, registering their trademarks as domain names across the existing top-level domain namespace. To determine if the hypothesis is true, we examine domain names registered in the popular generic top-level domains ("gTLDs" such as .com, .net and .info), also using other publicly available information such as the USPTO database of trademarks, the English dictionary, DNS entries, UDRP records and whois records. more