Law

Should the EB-5 Investor Visa Program Recognize Cyber Workers?

The EB-5 Investor Visa Program was created by Congress in 1990 to "stimulate the U.S. economy through job creation and capital investment by foreign investors." The program, administered by the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS), provides that entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they make the necessary investment in a commercial enterprise in the United States; and plan to create or preserve 10 permanent full-time jobs. more

Is Sharing the Answer to .BRAND Top Level Domain Disputes?

In opening up for the .BRAND top level domain, ICANN has artificially created a scarce resource of great commercial value. Indeed, the values of the .BRAND TLDs may be astronomical due to the investments made by the companies that own the trademarks represented in the .BRAND TLD. While the above is interesting in its own right, I will here focus specifically on how we deal with situations where more than one company has a legitimate trademark interest in a particular .BRAND TLD. more

.ONEWORLD .SOMEINTERNET: New gTLD Registries and Sanctioned Countries

Imagine that you run an organization out of a building. Imagine that the landlord comes one day and says, "Oh I didn't know you are a resident of country X or dealing with anybody from country X. I have to close this place down right now." And then you are done. You don't have an organization anymore. This very scenario happens on the Internet. more

Calculating the Return on Investment of Online Brand Protection Projects

In the early days of Online Brand Protection (OBP), before it was commonly understood how damaging to revenue infringements could be, this was an extremely popular topic. I remember delivering webinars on the subject then and even running a couple of half-day in-person workshops for brand owners at major conferences. more

New Fear, Uncertainty and Doubt about Canada’s Anti-Spam Bill C-28

From time to time, we see unenlightened comments about the efficacy of laws in the fight against spam. "Laws won't stop spam" being the most common. No, they won't. What laws do is dissuade some people from undertaking shoddy mailing practices or even outright spam campaigns. Laws don't stop murder, rape and robbery either, but for those un-dissuaded who undertake such heinous crimes, we, as a society, have laws for punitive effect. They pay the price society exacts for their actions. C-28 will attenuate spam in Canada, and help us to fight spam internationally. more

UDRP Complaints: Getting it Right the First Time; Second Chance With New Facts

UDRP complainants are expected to get it right the first time, and if they don't there's a narrow window for a second filing. Evidence previously available but overlooked will not support a new complaint, although this does not preclude the possibility of one being accepted on evidence of new facts. In Haru Holding Corporation v. Michael Gleissner / NextEngine Ventures LLC the Panel concluded that the time between registration of the domain name and the filing of the complaint was too short for bad faith use... more

The Importance of Protecting Credibility: Claiming and Rebutting Cybersquatting

The Uniform Domain Name Dispute Resolution Policy (UDRP) is an online dispute resolution regime. While panelists technically have discretion under Rule 13 to hold in-person hearings if they "determine[ ] ... and as an exceptional matter, that such a hearing is necessary for deciding the complaint" no in-person hearing has ever been held. Rule 13 exists to be ignored. more

USA: Court Leaves FCC With Discretion to Regulate Special Access Circuits

On Friday, the decision to deregulate "special access" circuits was upheld. The case had been brought by the Ad Hoc Committee, a long standing body of large business users, one of the main categories of buyers of high capacity leased lines to interconnect business premises. 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

Your App Is Increasingly Paranoid

In Canada at the moment a fight has been engaged between Bell Canada, a major carrier, and a recent decision of its regulator, the CRTC, concerning whether the CRTC (the Commission) made the correct decision when it said that the underlying transport system was "telecommunications", while the "app" that was carried was "broadcasting". The decision appealed from (the Klass decision) is important because it marks the first time the CRTC has made a decision on the idea that lies at the core of Internet thinking: that an application floats on top of transport layers. more

Noncommercial and Fair Use in Rebutting Claims for Abusive Registration of Domain Names

The UDRP lists three nonexclusive circumstances for rebutting lack of rights or legitimate interests in domain names, which if successful also concludes the issue of abusive registration in respondent's favor. The third circumstance is "you are making a legitimate noncommercial or fair use of the domain name without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue." more

A Civil Society Perspective on NETmundial Final Outcome: A Remarkable Achievement Despite Losses

few 'big picture' thoughts on the Netmundial meeting in Brazil this week and its final outcome document, adopted by its high level committee. Overall, there are some truly amazing and forward-looking principles supported in the "Netmundial Multi-Stakeholder Statement" that we as civil society should be proud of, and especially our civil society representatives who worked tirelessly for this achievement. more

Protests Erupt Over EU’s Anti-Counterfeiting Trade Agreement

In a blog post today, Michael Geist writes: "The reverberations from the SOPA fight continue to be felt in the U.S. and elsewhere (mounting Canadian concern that Bill C-11 could be amended to adopt SOPA-like rules), but it is the Anti-Counterfeiting Trade Agreement that has captured increasing attention this week. Several months after the majority of ACTA participants signed the agreement, most European Union countries formally signed the agreement yesterday (notable exclusions include Germany, the Netherlands, Estonia, Cyprus and Slovakia). This has generated a flurry of furious protest..." more

EU Rulings on Geo-Blocking in Digital Storefronts Will Increase Piracy Rates in the Developing World

For the longest time, it was an insurmountable challenge for those in the developing world to be able to afford to legally consume multimedia products. Prices originally set in Dollars, Euros or Yen often received insufficient adjustments to compensate for lower incomes, something that was compounded by local import or manufacture taxes that did little to alleviate matters. more

Creating, Protecting and Defending Brand Equity - Part 1

Trademark laws exist around the world to facilitate the use, registration and protection of your brand. With the incredible growth of the internet and the surge in global commerce it has helped produce, the importance of having a recognizable name has grown. In tandem, the risk of infringement, the threat of someone else trading on or benefiting from someone else's brand equity, has also grown. While it is easier than ever to create a global brand, the challenges involved in protecting the equity it creates have increased. more