Law

Everything You Ever Wanted to Know About Canadian Anti-Spam Bill C-27

CAUCE just posted a blog entry about C-27; we will be speaking to the Industry, Science, and Technology committee reviewing the bill this afternoon. The meeting will be webcast starting at 15:30 eastern... more

Reselling Domain Names on the Secondary Market: Bona Fide Offering, or Not?

On the question of reselling domain names on the secondary market, a dissenting panelist in a 2005 case observed that "[t]here is no doubt Respondent is in the business of being a reseller of domain names that consist of common English words" and then suggested that the "fundamental question before the Panel is whether or not such a business should be allowed under the UDRP." He concluded that such a business should not be allowed... more

Pattishall Client Prevails in Ground-Breaking Domain Name Class Action

My Pattishall colleagues Brett August, Bradley Cohn and Alexis Payne recently won another round in a closely watched lawsuit involving Google and others regarding allegedly unfair use of domain names. The plaintiffs had attempted to bring a class action against multiple defendants for purported trademark infringement, cybersquatting and deceptive trade practices. more

White House on SOPA: Protecting Intellectual Property Must Not Threaten Open, Innovative Internet

The White House today released a response to SOPA and PIPA petitions and the legislative approaches to combat online piracy. The response is prepared by Victoria Espinel, Intellectual Property Enforcement Coordinator at Office of Management and Budget, Aneesh Chopra, U.S. Chief Technology Officer, and Howard Schmidt, Special Assistant to the President and Cybersecurity Coordinator for National Security Staff. more

Internet and the Telecommunication Acts of 1900

On his blog Bruce Schneier recently published a post called "Power and the Internet". An article that most people in the western world will agree with. Internet freedom against Internet safety and security, the powerful have a lot of power to wield and the rest is at best ad hoc organised or fairly powerless lobby organisations. So who is likely to win? Vested interests, he warns. more

Asserting but Not Proving Cybersquatting Under the UDRP

Having trademarks (registered or unregistered) is the prerequisite for maintaining a UDRP, but having one is not conclusive of either Respondent’s lack of rights or legitimate interests or that it registered and is using the domain name in bad faith. The cautionary tale in many of these cases, especially for the Complainant who has the burden of proof, is that it has to satisfy each of the elements in the three subsections... 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

Initiative for the Future of the Global Internet

When reading some of the nonsense constituting this initiative occurring in Washington, one wonders what planet the proponents live on. It is like peering through some perverse wormhole back to a 1990s Washington view of the world that saw “the internet” as some salvation for all the problems of humankind. For a world now focused on rolling out 5G virtualization infrastructure and content-based services and meshed devices, the challenges of cybersecurity and network-based harm to society, the initiative makes the U.S. Administration seem utterly out of touch with reality. Simply goofy. more

ICANN 53 - Guaranteeing Accountability in Internet Governance

I recently attended the Internet Corporation for Assigned Names and Numbers' (ICANN) 53rd meeting in Buenos Aires to further discuss the Internet Assigned Numbers Authority (IANA) transition process. During the meeting, public and private Internet stakeholders made important strides on a transition timeline, accountability planning and future management of the Internet that supports global creativity and innovation. more

What Modern Businesses Need to Know Regarding Geo Names and Jurisdiction in Domain Name Disputes

The Internet has provided an unprecedented number of opportunities while raising far-reaching legal issues. It has created a complex matrix of national laws, global circumstances and new definitions -- or, at least, definitions in progress. The turmoil over Brexit and the international implications of the EU General Data Protection Regulation are signs of the times; as are issues surrounding domain names. more

Government-Industry Collaboration Is Better than Developing a Surveillance State

President Obama, in March 2016, again stressed the need for better collaboration between the tech industry and the government. He referred to his own White House initiative - this has resulted in the newly-formed US Digital Service, which is trying to recruit the tech industry to work with and for government. One of the key reasons it is so difficult to establish trustworthy, good working relationships is the extreme lack of tech understanding among most politicians and government bureaucrats. more

Nominet/SOCA Cyber Crime Proposal: Allow Cross Border Reactions

Reading the policy proposal of Nominet, I get the feeling that something is overseen here. Putting all the jurisdictional hassle aside for a moment, cyber crime is international, cross-border. So what happens if a UK domain is used for criminal activity outside the UK only? more

11 Information Economy Policy Reversals Coming to a Marketplace Near You!

In the wake of the election, sweeping policy shifts in the information economy are set to accelerate. Expect fast-tracked FCC reforms, Starlink subsidies, and AI-driven oversight to redefine media, tech, and regulatory landscapes. From relaxed antitrust to intensified media control, these eleven reversals signal a move toward deregulation and Chicago School libertarianism, with lasting impacts on U.S. markets and governance. more

New German Legislation Provides Copyright-Related Internet Platform Obligations

Recently, there has been an interesting development in the liability of Internet intermediaries in Germany, and I will comment here in this text. The "Act on Copyright Liability Online Content Sharing Service Providers" began to apply on August 1, 2021 in the country. This act is a German attempt to deal with the controversy generated by the approval in 2019 of the new European directive on copyright, specifically with article 17. 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