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

Is the DMCA an Effective Way to Take Down Infringing Content?

As promised at an end-of-the-year (2015) announcement, the U.S. Copyright Office has now launched a comment submission process about the "safe harbor provisions" of the Digital Millennium Copyright Act (DMCA). The DMCA is often used by copyright owners to get infringing content - images, text, videos, music, even software - removed from problematic websites. more

Counterfeit Marks and Counterfeit Goods: Pretense in Cyberspace

The term "counterfeit" is defined under U.S. trademark law as "a spurious mark which is identical with, or substantially indistinguishable from, a registered mark." 15 U.S.C. § 1127 (Lanham Act, Sec. 45). Used as a noun, domain names ultimately found to have been registered in bad faith make their registrants cybersquatters by definition. But more commonly we encounter counterfeiting as an adjective as it applies to spurious goods (counterfeit goods) -- "made in exact imitation of something valuable or important with the intention to deceive or defraud." more

What Do UDRP Panels Look for in Assessing Parties’ Rights to Disputed Domain Names?

Panels appointed to adjudicate domain name disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) have written in the region of 50,000 decisions involving over 75,000 domain names (minuscule of course when measured against the number of registered domain names). What may surprise some parties, their representatives, and counsel is that these publicly accessible decisions have fueled the emergence and development of a jurisprudence of domain names. more

How to Get a Domain Name Transferred Under the URS

The Uniform Rapid Suspension System (URS) is designed to get a domain name suspended, but in some cases this dispute policy can be used to help get a domain name transferred. It's an uncommon result but one that trademark owners may want to keep in mind. The suspension remedy is often viewed as the greatest limitation of the URS. Trademark owners that want to have a domain name transferred typically file a complaint under the Uniform Domain Name Dispute Resolution Policy (UDRP) instead of the URS - but, the UDRP is more expensive and time-consuming. more

China’s New Cybersecurity Law Will Be in Effect Starting Thursday

According to the official news agency, Xinhua, implementation of China's controversial Cybersecurity Law will begin on June 1, requiring strict data surveillance and storage for companies operating in the county. more

Trump Signs Cybersecurity Executive Order, Experts Weigh in on the New Draft

The long-waited cybersecurity executive order expected to launch sweeping reviews of the federal government's digital vulnerabilities, was signed today by President Trump. more

Diversity of View or Unacceptable Inconsistency in the Application of UDRP Law

The general run of Uniform Domain Name Resolution Policy (UDRP) decisions are unremarkable. At their least, they are primarily instructive in establishing the metes and bounds of lawful registration of domain names. A few decisions stand out for their acuity of reasoning and a few others for their lack of it. The latest candidate of the latter class is NSK LTD. v. Li shuo, FA170100 1712449 (Forum February 16, 2017)... It is an example of inconsistency in the application of law. more

Which Direction Will the Internet Go? Take Our Survey and Help Us Explore the Forces at Work

In the past seven years, the number of people online has essentially doubled, from 1.7 billion in 2009 to about 3.4 billion today. New and innovative services have also emerged and people and companies around the world are using the Internet in ways barely imagined at the turn of the decade. Looking ahead to the next five to seven years, there are many forces at work that could have a significant impact on the Internet. more

Study Links Half of “Rogue” Online Pharmacies to Two Domain Name Registrars

Brian Krebs reporting in Krebs on Security: "Half of all 'rogue' online pharmacies -- sites that sell prescription drugs without requiring a prescription -- got their Web site names from just two domain name registrars, a study released today found. The findings illustrate the challenges facing Internet policymakers in an industry that is largely self-regulated and rewards companies who market their services as safe havens for shadowy businesses." more

Best Practices in the Global Internet

In an increasingly global environment, the Internet infrastructure industry faces a diverse set of serious issues that we as an industry need to address together. To look at these concerns, an area of focus for the Internet Infrastructure Coalition (i2Coalition) has been best practices for our industry. Our approach to developing best practices encapsulates three areas, always with the goal of striking the right balance between security, safety and privacy: working with experts and industry professionals; identifying like-minded partners; and fostering the growth of the Internet economy. more

The Strength of Top-Level Domains in UDRP Decisions

Another domain name dispute decision -- this one for '24hour.fitness' -- has highlighted the increasing (potential) relevance of the top-level domain (TLD) under the Uniform Domain Name Dispute Resolution Policy (UDRP). As I have written before, the proliferation of new TLDs is having an impact on whether and how UDRP panels consider the TLD in their decisions. more

Respondent Had Rights or Legitimate Interests in Domain Name by Using It to Promote Genuine Business

In the case of Avon Products, Inc. v. Jenika Mukoro, Heirs Holdings, a 3-member WIPO Panel denied the Complainant's efforts to have the domain name avonhealthcare.com transferred because the Complainant failed to sustain its burden of establishing that the Respondent had no rights or legitimate interests in the disputed domain name. The Panel found that the Complainant proved that its trademark AVON (which has been in use since 1929) is well-known in the field of cosmetics... more

Can Large Language Models Use the Contents of Your Website?

Large Language Models (LLM) like GPT -- 4 and its front-end ChatGPT work by ingesting gigantic amounts of text from the Internet to train the model and then responding to prompts with text generated from those models. Depending on who you ask, this is either one step (or maybe no steps) from Artificial General Intelligence, or as Ted Chiang wrote in the New Yorker, ChatGPT Is a Blurry JPEG of the Web. more

Is Digital Democracy an Option – and What Is Involved in It?

Celebrating the 30th anniversary of the internet Berners-Lee, the father of the internet, reiterated his suggestion for a radical change, which would improve the functionality of the internet for the benefit of society. He suggests a sort of refoundation of the web, creating a fresh set of rules, both legal and technical, to unite the world behind a process that can avoid some of the missteps of the past 30 years. While this most certainly would be an excellent development, I am rather pessimistic about a rapid implementation of such a radical change more