The World Intellectual Property Organization (WIPO) asserted on Monday that new gTLDs from ICANN would unleash a global crime wave. This dire warning was bolstered by an astonishing statistic: a whopping eight per cent (8%) increase in UDRP complaints from 2007 to 2008! But WIPO's press release tells only a very little of the truth. Astonishingly, the UDRP system actually works pretty well... more
The World Intellectual Property Organization put out a release yesterday trumpeting an eight percent increase in domain name disputes handled by WIPO. In 2008 there were 2329 complaints filed with WIPO, the most ever. WIPO uses the increase to raise questions about the possible increase in the number of available generic top-level domains... more
Trademark issues are emerging with the upcoming introduction of new generic top-level domains on the internet, and the board members of the body introducing the names has passed the ball back to intellectual property experts to find answers. The Intellectual Property Constituency of the Internet Corporation for Assigned Names and Numbers (ICANN) has been asked to work out a viable solution "no later than 24 May 2009." Trademark issues have been defined as one of four overarching issues still to be solved before ICANN can finalise the application procedure for the next hundreds or thousands of top-level domains from .eco to .music. more
From the beginning, the Internet has been viewed as something special and "unique." For example, in 1996, a judge called the Internet "a unique and wholly new medium of worldwide human communication." The Internet's perceived novelty has prompted regulators to engage in "Internet exceptionalism," crafting Internet-specific laws that diverge from regulatory precedents in other media. Internet exceptionalism has come in three distinct waves... more
Defendant Shui registered the domain name citybank.org and established a site there promoting financial services, sometimes using the mark CITIBANK. The real Citibank, armed with its trademark registrations in over 200 countries and over 50 years of use of its CITIBANK mark, filed suit against Shui under the Anticybersquatting and Consumer Protection Act, 15 USC 1125(d) ("ACPA")... Citibank sought $100,000 -- the maximum amount of statutory damages available under the ACPA, plus payment of Citibank's attorneys' fees... more
The reports and analysis by Dr. Dennis Carlton are deeply, deeply flawed. I will prepare a long rebuttal to it in the coming weeks, but wanted to go on the record early as to its weaknesses. The analysis appears to be based on a very limited review of the market for domain names, and utilizes little actual data. It fails to even consider how nuanced the market for domain names has become, and how registry operators can exploit those nuances, including tiered-pricing... more
When it drafted the .eu regulation EC 874/2004, the Commission reserved for itself a (long) list of domain names. One of them was galileo.eu. For obvious reasons, Galileo Lebensmittel GmbH & Co. KG claimed before the Courf of First Instance that the Commission's decision to reserve galileo.eu should be annulled... more
It didn't seem to make any headlines, but it is an interesting sign of the Internet times that, effective January 1, 2009 , the United State Patent and Trademark Office ("USPTO") changed the International Classification of "domain name registration services" to Class 45 (defined below). The reason that the move is interesting is that it is just one more indication that the world of the Internet is becoming less and less about technology and more and more about law and policy. more
Philbrick's Sports is a New Hampshire retailer of sporting goods. eNom's customer registered two domain name variants of Philbrick Sport's website. When the customer didn't pay eNom, eNom took the names back for itself... Each of these domain names were parked with Yahoo, who displayed sponsored ads on the domains. Philbrick's then sued eNom, claiming cybersquatting and trademark infringement. more
I don't want to get into the entire Irish Recorded Music Association (IRMA) vs Eircom and IRMA vs ISPs debacle. The only reason I'm even writing this is because I'm getting a bit tired of all the "quotes" of "quotes" and other unclear and misleading things that people have been saying about ISPs over the last few weeks. more
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