Law

CAN-SPAM Plaintiff Slammed With $800K Attorney Fee Award - Asis Internet v. Optin Global

A federal court granted a request for attorney's fees (in the amount of $806,978.84) against prolific CAN-SPAM plaintiff Asis Internet. I thought things were looking good for Asis - whose lawsuits have generated substantial blog fodder - when it recently obtained a 2.5 million dollar default judgment in a spam case. more

US Senator Wyden Proposes Bill That Could Jail Executives Over Repeated Data Privacy Violations

U.S. Democratic Senator Ron Wyden released an early draft of a bill today that would subject company CEOs and senior executives to tough penalties including 10 to 20 years of imprisonment for failing to protect consumer data. more

TLD Rights Protection Mechanisms

Potential trademark Rights Protection Mechanisms (RPM) at the 2nd level can be divided into three main areas -- each defined by their time relative to Top-Level Domain (TLD) launch... Of these, we believe the third, "After Launch," is the most fruitful path to explore. We believe it offers the most potential to protect the rights of trademark holders, the best balance between TM rights and the legitimate rights of others who may want to register names , and the most benefit to the trademark community at the lowest cost to them... more

When an IP Address Does Not Equal Individual Culpability - Breaking Glass Pictures v Does, DAZ 2013

Something bad happens online. I can tie that something-bad back to an IP address. Do I know who did the bad thing? According to the Federal District Court in Arizona, I don't. An IP address may identify the owner of an Internet access account; it does not identify who was online at that particular time and who may be responsible for the actions in question. In Breaking Glass Pictures v Does, DAZ 2013, Plaintiff brought a claim for copyright infringement, wants early discovery, but the court is refusing. more

Do You Care About Your Privacy?

ICANN is currently going through a complicated process in order to introduce more Top-Level Domains (TLDs). While the launch of new TLDs is something that a lot of people will welcome it is not without its issues. One of the areas that has been receiving quite a bit of attention is in relation to intellectual property rights. So what has this got to do with privacy? more

“Can IP Be Protected in the Internet Age?” Panel Recap from Russian Economic Development Conference

In June, I attended the St. Petersburg International Economic Forum ("SPIEF"), organized by the Russian government's Ministry of Economic Development. This was a major event drawing thousands of participants to St. Petersburg... I participated on a panel entitled "Can IP Be Protected in the Internet Age?" Right away, I trust many of you find the titling odd... more

Hidden in Plain Sight: FCC Chairman Pai’s Strategy to Consolidate the U.S. Wireless Marketplace

While couched in noble terms of promoting competition, innovation and freedom, the FCC soon will combine two initiatives that will enhance the likelihood that Sprint and T-Mobile will stop operating as separate companies within 18 months. In the same manner at the regulatory approval of airline mergers, the FCC will make all sorts of conclusions sorely lacking empirical evidence and common sense. more

Understanding ‘Reverse Domain Name Hijacking’ Under the UDRP

"Reverse Domain Name Hijacking" (RDNH) is a finding that a panel can make against a trademark owner in a case under the Uniform Domain Name Dispute Resolution Policy (UDRP)... While neither the UDRP nor the Rules provide any further details or guidance, the WIPO Overview of WIPO Panel Views on Selected UDRP Questions, Second Edition, provides some insight into the circumstances in which panels have found RDNH. more

How Much Did the U.S. Wireless Carriers “Earn” From “Location Information Aggregators”?

The FCC lawfully fined U.S. facilities-based wireless carriers nearly $200 million for selling highly intrusive location data about subscribers without their "opt-in" consent. In Section 222 of the Communications Act, Congress comprehensively specified how the carriers bore an affirmative duty of care not to disclose clearly defined Customer Proprietary Information ("CPNI"). The Act explicitly required the FCC, and no other agency, to protect telecommunications consumers. more

Renowned Security Expert Bruce Schneier Joins EFF Board of Directors

Schneier's insight is considered particularly important according to EFF, as more and more is learnt "about the unconstitutional surveillance programs from the National Security Agency and the depth and breadth of data the NSA is collecting on the public." more

Here’s the Largest URS Complaint Ever Filed

A complaint under the Uniform Rapid Suspension System (URS) may -- like the Uniform Domain Name Dispute Resolution Policy (UDRP) -- include more than one domain name, but few URS complaints have done so. Now, one new URS case just changed everything. In the largest URS case ever filed, an expert at the Forum ordered the suspension of 474 domain names in a single proceeding. more

Court Dismisses .Web Lawsuit, Says Agreement Not to Sue Is Enforceable

"Judge Percy Anderson of the U.S. District Court, Central District of California has granted ICANN's motion to dismiss in a lawsuit brought by a subsidiary of new TLD company Donuts," reports Andrew Allemann in Domain Name Wire. more

US Court Upholds FCC’s Net Neutrality Repeal But Says States Can’t Be Barred from Passing Own Rules

A U.S. court decision today determined net neutrality laws could return at the state level overruling Trump administration's effort to block states from passing their own net neutrality laws. more

The Emergence and Consolidation of a Jurisprudence of Domain Names

One of the fallouts of disruptive inventions is the need for new laws to counter their unexpected consequences. As it concerned the Internet, these consequences included a new tort of registering domain names identical or confusingly similar to trademarks and service marks with the intention of taking unlawful advantage of rights owners. Prior to 2000 the only civil remedy for "cybersquatting" or "cyber piracy" was expensive and time-consuming plenary actions in courts of competent jurisdiction under national trademark laws. more

Cyber Infringement of Trademarks by Typosquatting

A fabled, serial cybersquatter of the early Internet argued that typographical errors in domain names were not cybersquatting at all because they had their own distinct identities. Moreover, "I have" (he argued) "just as much right to own the [misspelled] Domain Names as the person who owns the correct spelling of [a] domain name." That dispute involved and <wallstreet journel.com>. Dow Jones & Company, Inc. and Dow Jones LP v. John Zuccarini, D2000-0578 (WIPO September 10, 2000). more