Trademark & Copyright

gTLD Launch: An Update on the TAS Interruption

May 16, 2012 | Blog | By Jamison Arterton

As previously posted, ICANN's TLD application system ("TAS") has been plagued by a "technical glitch " that has caused the online application system for new generic top level domains (gTLDs) to be taken offline in order to protect the confidential information of the applicants.

gTLD Batching Update: Digital Archery Services Available at a Price

May 11, 2012 | Blog | By Jamison Arterton

As ICANN struggles to get its application system back online, companies have begun lining up to make a profit off of the peculiarities of the application process itself.

Nothing Revealed on "Reveal Day": New gTLD Application System Remains Suspended

May 1, 2012 | Blog | By Geri Haight

The much anticipated "Reveal Day" -- so dubbed by ICANN itself -- has now come and gone without fanfare. May 1st was to be the day when ICANN was scheduled to publish the list of all applied-for new generic top level domains (gTLDs) as part of the roll-out of the new Internet era.

The Latest From ICANN: New gTLD Application System Shut Down

April 26, 2012 | Blog | By Jamison Arterton

ICANN has temporarily taken the TAS application system for new generic top level domains (gTLDs) offline due to a “technical glitch.” According to ICANN, a technical problem allowed a limited number of users to view other users' file names and user names.

Fourth Circuit Resurrects Rosetta Stone's Challenge to Google's AdWords Program

April 10, 2012 | Blog | By Geri Haight

On Monday, the Court of Appeals for the Fourth Circuit reversed the district court's decision ending Rosetta Stone's trademark infringement case against Google.

Viacom Lives to Fight Another Day in YouTube DMCA Suit

April 8, 2012 | Blog | By Joseph DiCioccio

The Second Circuit has vacated District Court (S.D.N.Y.) Judge Louis L. Stanton’s June 2010 dismissal of Viacom’s $1 billion copyright infringement suit against YouTube.

The Batching Games: ICANN's Plan to Process New gTLD Applications

April 5, 2012 | Blog | By Jamison Arterton

On March 29, 2012, the user registration window closed for anyone planning to apply for a new generic top level domain (gTLD). Applicants who registered prior to March 29, 2012, however, still have until April 12, 2012 to complete their application.

Pinterest Announces Changes To Its Terms Of Service

March 26, 2012 | Blog | By Geri Haight

Pinterest, the latest social media craze, announced on Friday night in an email to users that it intended to make certain changes to its Terms Of Service. The changes will not go into effect until April 6, 2012.

Applying for a New gTLD? Registration Deadline of March 29, 2012 Approaches As Cybersquatting Continues To Rise.

March 19, 2012 | Blog | By Geri Haight

Time is running out to apply for the Internet Corporation for Assigned Names and Numbers' (ICANN) new program to dramatically expand the number of generic top-level domain names (gTLDs).

Letters of Protest: A Tool To Avoid The "Trademark Bully" Label

March 14, 2012 | Blog | By Geri Haight

Thanks to DuetsBlog for providing an update on the EAT MOR CHIKIN v. EAT MORE KALE dispute that was the subject of our prior post.

Rules for Use of Music at Political Campaign Events

March 1, 2012 | Blog | By Geri Haight

National Public Radio had a story yesterday on politicians' use (or misuse) of music at campaign events. It sets forth three seemingly simple rules for politicians to follow in order to avoid copyright and/or trademark based claims arising from such use: (1) know your venue; (2) know when to ask for permission; and (3) "know when to fold'em."

WIPO Named Exclusive Arbitrator of "Legal Rights Objections" for New gTLD Program

February 29, 2012 | Blog | By Jamison Arterton

ICANN has recently appointed the World Intellectual Property Organization (WIPO) to be the exclusive provider of dispute resolution services when a third party files a formal "Legal Rights Objection" or "LRO" to a pending application under the new gTLD program.

Using Online Shame as a Defense to a Trademark Infringement Claim May Not Always Be Effective

February 27, 2012 | Blog | By Geri Haight

The Wall Street Journal had a piece recently about how the recipients of trademark infringement cease and desist letters are increasingly using "online shame" to gain leverage in disputes with trademark owners. As "trademark bullying" is a hot topic among trademark lawyers and in the press, this article picks up on that theme.

PRETZEL CRISPS: The Importance of Evaluating A Trademark's Strength

February 22, 2012 | Blog | By Geri Haight

The New York Times had an interesting article about the ongoing dispute between Princeton Vanguard and Frito-Lay over Princeton Vanguard's attempts to obtain a federal trademark registration for the mark PRETZEL CRISPS.

LINSANITY: The Trademark

February 16, 2012 | Blog | By Geri Haight

On the heels of recent attempts to trademark a celebrity baby name comes the story of an attempt to obtain trademark protection for the name of a sports celebrity. Well, a variation of a sport celebrity's name.

Second Application Window for New gTLDs "Reaffirmed" By ICANN

February 13, 2012 | Blog | By Geri Haight

Last week, during a special meeting of the ICANN Board of Directors, the ICANN Board approved a resolution that contained a "reaffirmation" that ICANN will open a second application window for the gTLD program "as expeditiously as possible."

The Latest on the New gTLD Launch: "Reveal Day" Set For May 1st

February 7, 2012 | Blog | By Jamison Arterton

Trademark owners, mark your calendars. ICANN announced that Tuesday, May 1, 2012 will be "reveal day." On May 1st, ICANN will publicly post the gTLD character strings that have been applied for in connection with its new gTLD program.

BLUE IVY CARTER: What to Get a Child Who Has Everything? A Trademark Registration.

February 6, 2012 | Blog | By Geri Haight

Since the birth last month of their first child, Blue Ivy Carter, Beyoncé and Jay-Z are no doubt experiencing the typical joys of first-time parenthood. Those first looks, smiles and coos.

Who Owns a Company's Twitter Account (and Musings on Social Media and Trademarks)?

January 31, 2012 | Blog | By Geri Haight

Our colleagues at Mintz Levin’s Employment Matters blog recently posted an interesting piece about a dispute regarding ownership of a Twitter account. The dispute arose from an employer/employee relationship, but serves as an important reminder about protecting your brand on social media sites.

Copyright Lessons from the Campaign Trail: Romney, Gingrich and Fair Use

January 30, 2012 | Blog | By Geri Haight

This Republican primary season has provided lots of fodder for political blogs, but it has also provided a few gems relating to -- what else -- trademark issues. Now, U.S. copyright law is in the spotlight of the Republican primary campaign.

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