January 18, 2012| Blog
In response to the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA) pending in Congress, several online resources have decided to make their resources unavailable for a 24 hour period.
January 18, 2012| Blog
Last week, ICANN began accepting applications for its new gTLD program. ICANN has posted a series of extremely comprehensive materials outlining the registration and evaluation process.
January 11, 2012| Blog
Despite recent outcry by international organizations, those representing brand owners, and members of Congress, ICANN is set to launch the much-anticipated process to issue in the .anything world. ICANN will begin accepting applications for new generic top level domains (gTLDs) on Thursday, January 12th.
December 22, 2011| Blog
Not only is Newt Gingrich slipping in recent polls in his efforts to become the presidential nominee for the Republic Party, but he now has a domain name problem. As reported yesterday, the domain name <newtgingrich.com> has been registered by a pro-Democratic political action committee, American Bridge PAC.
December 20, 2011| Blog
ICANN will start accepting applications for new gTLDs on January 12, 2012. But not before further public opposition to the program builds. Most recently, the United Nations, International Monetary Fund and a host of other intergovernmental organizations (“IGOs”) have joined the growing list of opponents to ICANN’s new program.
December 19, 2011| Blog
With the announcement today that the Swedish automaker Saab has filed for bankruptcy, we thought it timely to take a look at what happens to trademarks in the context of a bankruptcy proceeding. SAAB is the owner of nearly 100 U.S. trademark registrations (for SAAB, ECOPOWER, BIOHYBRID, 9-3, among others).
Yahoo! Wins $610 Million Trademark Infringement and CAN-SPAM Award Over Nigerian Advance Fee Fraud Suit
December 15, 2011| Blog
This week, Yahoo! won a $610 million default judgment in the United States District Court for the Southern District of New York in a case involving the infamous Nigerian Advance Fee Fraud perpetrated through the Defendants' infringing use of Yahoo!’s trademarks and spam.
The PROTECT IP ACT and the STOP ONLINE PIRACY ACT (SOPA): New Solutions to Stop Online Infringement and Piracy
December 12, 2011| Blog
I recently had the pleasure of attending a very informative presentation given by the Media Law Resource Center on two very important pieces of legislation currently working their way through Congress.
December 5, 2011| Blog
A few weeks ago, while in Montpelier, Vermont, I stumbled upon a Farmer's Market that featured a wealth of Vermont made, grown and raised art, produce and meats. In the midst of this bounty was Bo Muller-Moore, a self-described folk artist who is the creator of t-shirts proclaiming EAT MORE KALE.
December 1, 2011| Blog
In opposition to the imminent launch of the new .XXX generic top level domain (gTLD), two adult entertainment companies have filed suit in federal district court in Los Angeles against the Internet Corporation for Assigned Names and Numbers (ICANN) and ICM Registry, the sole operator of the .XXX domain name registry.
November 21, 2011| Blog
On January 12, 2012, ICANN will roll out its new gTLD program. Under the new program, applicants will be able to create and register a Top-Level Domain registry of their choosing.
November 16, 2011| Blog
UDRP proceedings are often touted as a quick and inexpensive way to resolve domain name disputes. Several recent UDRP decisions denying relief to trademark owners, however, demonstrate that in some instances the UDRP may not be the appropriate tool.
November 15, 2011| Blog
If you’re familiar with the federal registration of trademarks and service marks in the United States, you know that U.S. trademark law allows an applicant to seek registration of a mark based on either actual use of a mark in interstate commerce (15 U.S.C. Sec 1051(a)) or on a bona fide intent to use the mark in U.S. commerce (15 U.S.C. Sec 1051(b)).
November 1, 2011| Blog
Righthaven, LLC is having a bad week. You’ll remember from our previous advisory that Righthaven is a copyright holding company that, until recently, has filed hundreds of copyright infringement lawsuits.
October 26, 2011| Blog
Only two days remain to submit applications to block registration of .xxx domain names that include registered trademarks.
October 18, 2011| Blog
Section 505 of the Copyright Act provides that, in a copyright infringement action, the court may "in its discretion" award costs to a prevailing party. In addition, the provision provides that the court "may" award a prevailing party its reasonable attorney's fees as part of the award of costs.
October 6, 2011| Blog
Our colleagues who blog at Mintz Levin's Privacy & Security Matters just posted an updated chart of state data breach notification laws.
October 5, 2011| Blog
In the latest Google AdWords decision, a U.S. Federal District Court judge in Texas refused to certify two classes of advertisers who filed separate infringement suits against Google Inc.
New Copyright Litigation Techniques – New Tactics May Make Enforcement Cheaper and A More Effective Deterrent
October 4, 2011| Blog
Over the past few years, starting with the Recording Industry Association of America’s (RIAA’s) well-publicized campaign to enforce the copyrights of its associated record companies, new types of copyright infringement litigation techniques have been tried all over the country.
Google Adwords Decision in Europe: Trademark Owners May Prevent Competitors From Using Trademarks As Keywords
September 27, 2011| Blog
Remember last year when the European Union's Court of Justice ruled that Google did not violate European Union law by selling trademarks as keywords and thereby permitting advertisers to purchase and use keywords corresponding to their competitor's trademarks in Google ads?
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