Law

Is More Protection of Intellectual Property Rights Necessary on the Internet?

I firmly believe that we need to protect any form of intellectual properties (IP) built by one through hard and honest work. At the same time, I also believe that several of the current methods of protecting IP, such the as the copyright laws, patent systems and legislations, are not evolving fast enough in order to protect IP and avoid hindering the path of creativity and innovation. more

Are Domain Names Contract of Services or Property Rights?

There are several perspectives from which one can give various answers to the question of 'what are domain names?'. Originally the domain name system started and continues to be a human-friendly way of addressing to a set of machines or specific machine connected to the Internet. Hence, from the technical perspective, a domain name is simply an address consisting of a combination of alphanumeric and symbols to communicate with a machine which also happens to be hosting certain services in form of data and information on it. more

When a ‘Response Fee’ is Required in a URS Case

Although filing fees in domain name disputes are usually paid for by the trademark owner that files a complaint, the Uniform Rapid Suspension System (URS) contains a little-noticed provision that, in large cases, requires the domain name registrant to pay a fee to defend itself. The so-called "Response Fee" is only required in URS cases that include 15 or more disputed domain names. more

When to Consider ‘Both Sides of the Dot’ in a Domain Name Dispute

In the case, filed by Michelin, the panel found the domain name 'tyre.plus' confusingly similar to the trademark TYREPLUS. Specifically, the panel wrote: "If one ignores the 'dot' between the Second-Level Domain ('tyre') and the Top-Level Domain ('plus'), the mark and the Domain Name are identical..." It's an issue that's arising with increasing frequency -- just as I had predicted. 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

Luddites of the 21st Century Unite, Revisited

Some years ago I wrote a post on the fact that I saw the world automate fast and did not see a lot of people worrying about the consequences for their lives. Nobody was smashing automated production lines. Smashing smartphones and laptops. In fact, embrace of new technology by the masses probably never before in history went this fast. Several and very different causes, including globalization, have led to a level of wealth that made these expensive tools and toys within reach of a vast number of people. more

CADNA Returns to Lobby for Stronger Cybersquatting Laws

Coalition Against Domain Name Abuse, the lobby group that campaigned for stronger cybersquatting laws and against new gTLDs, is back. more

FAKE45: Trump Administration Illegitimacy Under International Law

The FAKE45 sign in the photo lower right corner appearing on the front page of today's Washington Post -- ironically in front of the Department of Justice headquarters -- captures a result of yesterday's events that may have far-reaching consequences. About 4.5 million people -- including a million in Washington DC alone -- spontaneously came together from every corner of the nation and world to question the legitimacy of a Trump Administration, express disdain for its actions, and assert the repugnancy of its positions. I was there. more

Differing UDRP Decisions Show That Facts Matter

"Past performance does not necessarily predict future results." That's what the U.S. Securities and Exchange Commission requires mutual funds tell investors. But it's also true about domain name disputes. Cases in point: In four recent proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP), the operator of a large bank won two decisions but lost two others, despite a track record of having won more than 30 previous UDRP disputes. more

Cyber-Terrorism Rising, Existing Cyber-Security Strategies Failing, What Are Decision Makers to Do?

While conventional cyber attacks are evolving at breakneck speed, the world is witnessing the rise of a new generation of political, ideological, religious, terror and destruction motivated "Poli-Cyber™" threats. These are attacks perpetrated or inspired by extremists' groups such as ISIS/Daesh, rogue states, national intelligence services and their proxies. They are breaching organizations and governments daily, and no one is immune. more

How a ‘Defensive Registration’ Can Defeat a UDRP Complaint

A company that registers a domain name containing someone else's trademark may be engaging in the acceptable practice of "defensive registration" if (among other things) the domain name is a typographical variation of the registrant's own trademark. That's the outcome of a recent decision under the Uniform Domain Name Dispute Resolution Policy (UDRP), a case in which the domain name in dispute, idocler.com, contained the complainant's DOCLER trademark -- but also contained a typo of the respondent's DOLCER trademark. more

Fairness & Due Process Require Changes to ICANN’s “Updated Supplementary Procedures” to the IRP

The Updated Supplementary Procedures for Independent Review Process ("IRP Supplementary Procedures") are now up for review and Public Comment. Frankly, there is a lot of work to be done. If you have ever been in a String Objection, Community Objection, or negotiated a Consensus Policy, your rights are being limited by the current way the IRP Supplementary Procedures proposal is structured. With timely edits, we can ensure that all directly-impacted and materially-affected parties have actual notice of the IRP proceeding... more

How a Plaintiff Was Undeceived and Lost at Spam Litigation - What Nobody Told You About!

Back in 2003, there was a race to pass spam legislation. California was on the verge of passing legislation that marketers disdained. Thus marketers pressed for federal spam legislation which would preempt state spam legislation. The Can Spam Act of 2003 did just that... mostly. "Mostly" is where litigation lives. According to the Can Spam Act preemption-exception... more

CircleID’s Top 10 Posts of 2016

The new year is upon us and it's time for our annual look at CircleID's most popular posts of the past year and highlighting those that received the most attention. Congratulations to all the 2016 participants and best wishes to all in the new year. more

Parsing Domain Names Composed of Random Letters for Proof of Cybersquatting

The Respondent's cry of pain in AXA SA v. Whois Privacy Protection Service, Inc. / Ugurcan Bulut, axathemes, D2016-1483 (WIPO December 12, 2016) "[w]hat do you want from me people? I already removed all the files from that domain and it's empty. What else do you want me to do???" raises some interesting questions. "A," "x," and "a" is an unusual string of letters but unlike other iconic strings such as "u," "b" and "s" and "i", "b" and "m" for example that started their lives as the first letters of three-word brands AXA is not an acronym. more