Law

Is Booking.com a Generic Term?

A fundamental rule of trademarks is that they have to be distinctive, and that nobody can register a trademark on a generic term like "wine" or "plastic." In a case decided today by the U.S. Supreme Court, the court decided 8-1 that online travel agent Booking.com could register its domain name as a trademark. In this case, I think the majority got it wrong, and Justice Breyer's lone dissent is correct. more

ISPs May Be Required to Remove Content, Shutdown Websites Under New EU-Wide Rules

Under a draft legislation approved by the Internal Market and Consumer Protection Committee on Tuesday, national enforcement authorities would be required to have a set of powers to detect and halt online breaches of consumers' rights across the European Union. more

Thailand Passes Law Giving Sweeping Powers to State Cyber Agencies

Thailand's military-appointed parliament on Thursday passed a controversial cybersecurity law which gives sweeping powers to state cyber agencies. more

Apple (Not Surprisingly) is Not a Cybersquatter

It's highly unusual for a well-known trademark owner to be accused of cybersquatting, but that's what happened when a Mexican milk producer filed a complaint against Apple Inc. under the Uniform Domain Name Dispute Resolution Policy (UDRP) in an attempt to get the domain name lala.com. Not only did Apple win the case, but the panel issued a finding of "reverse domain name hijacking" (RDNH) against the company that filed the complaint. more

Challenging UDRP Awards in Federal Court: Recent Outcomes

Challenging UDRP awards in actions under the Anticybersquatting Consumer Protection Act (ACPA) is infrequent though steady. There are currently a number of court filings in U.S. district courts that are in the early stages, most notably the ADO.com case reported on in an earlier essay and several others have either been referred to mediation (the IMI.case) or settled or discontinued. more

Likely and Behind the Scenes Changes at the FCC

It should come as no surprise that the Federal Communications Commission will substantially change its regulatory approach, wingspan and philosophy under a Trump appointed Chairman. One can readily predict that the new FCC will largely undo what has transpired in previous years. However, that conclusion warrants greater calibration. more

INET New York: Open Forum of the Copyright Alert System - Thursday 11/15

The Copyright Alert System, the result of a deal between big content and big ISPs, is a graduated response program - popularly known as the six strikes - that escalates from nastygrams, to copyright school, to Internet throttling. Just like SOPA/PIPA, enforcement targets will be arbitrarily selected by the content owners, but unlike SOPA/PIPA there will be no appeal via the courts - only to an arbitration firm hired by the program. more

Trademark Registrations on the ‘Supplemental Register’ Don’t Count (in Domain Name Disputes)

The Uniform Domain Name Dispute Resolution Policy (UDRP) has never required that a complainant own any trademark registrations to succeed in a domain name dispute, given that common law trademark rights (if properly established) are sufficient. But, as a pair of recent UDRP decisions reminds us, even some registrations are inadequate. The issue relates to the first element of every UDRP complaint, which requires the party seeking relief to prove that the "domain name is identical or confusingly similar to a trademark... more

Cyber Crime: It’s All About Data (Part 2)

In this part I want to focus on the gathering of cyber crime data. Are there best practices in the world on how cyber crime data is reported to law enforcement and aggregated to show the impact of said crime? Previously the discussion focused on the fact that cyber crime = crime and on a basic cyber (crime) training for every police officer. From the reactions this received, it is clear that some people see this as a possible solution. more

Afghanistan Enacts Law Targeting Online Crime and Militancy

Afghanistan's President Ashraf Ghani has signed into law a cybercrime bill this week targeting online crime and militancy by groups such as the Taliban and Islamic State despite concerns it could limit free speech. more

The Boundary Between Sec. 230 Immunity and Liability: Jones v. Dirty World Entertainment Recordings

Out in the wilderness of cyberspace is a boundary, marking the limits of Sec. 230 immunity. On the one side roams interactive services hosting third party content immune from liability for that third party content. On the other sides is the frontier, where interactive content hosts and creators meet, merge, and become one. Here host and author blend, collaborating to give rise to new creations. more

How to Suspend a .US Domain Name

Although rarely used, the usTLD Rapid Suspension Dispute Policy (usRS) allows a trademark owner to seek the suspension of a domain name in the .us country-code top-level domain (ccTLD). The usRS has many things in common with the Uniform Rapid Suspension System (URS), which applies to domain names in the new generic top-level domains (gTLD). more

Creating, Protecting and Defending Brand Equity - Part 2

In the second of three posts about how brand owners can protect their trademarks from misuse, I will focus on two concepts: the role of "use" and registration in protecting your brand, and domain names -- specifically acquisition and protection. Internet domain names have emerged as a major battleground for brand promotion and protection. While it is easier than ever to register and promote your name on the internet, it is also easier for others to trade on another brand's equity. more

Internet Archive Loses Their CDL Appeal

The Internet Archive's Controlled Digital Lending (CDL) lends out scans of physical books, ensuring that each scan is lent to one person at a time. Publishers sued, and the Archive lost thoroughly in April 2023. The Archive appealed the decision to the Second Circuit court in New York. As I said at the time, the appeal seemed like a long shot since that is the same court that said that Google Books was OK, mostly because it didn't provide full copies of the books. more

All About the Copyright Office’s New DMCA System

Website publishers that want to protect themselves against claims of copyright infringement must participate in a new online registration system created by the U.S. Copyright Office for the Digital Millennium Copyright Act ("DMCA") -- even if they have participated previously. The new program, launched on December 1, 2016, offers a mandatory online registration system for the DMCA that replaces the original (and clunky) "interim" designation system, which was created in 1998. more