The name of a company can be a valuable asset. Protecting that asset is serious business. Assume you have establi.
Hijacking of domain names is an ongoing problem faced by companies. The risks of having to expend the time and money to do so can be minimized through the proactive steps of registration and monitoring.
Now, there are two new tools against cybersquatters: the federal Anticybersquatting Consumer Protection Act and the Internet Corporation for Assigned Names and Numbers' Uniform Domain Dispute Resolution Policy.
This article reviews the first ruling under the Uniform Domain Name Dispute Resolution Policy whereby the arbitrator in World Wrestling Federation Entertainment, Inc. v. Michael Bosman ordered the complainant receive the domain name registration.
As the advertising, sales, and communications advantages of the Internet continue to grow, on-line services will be.
The explosive growth of the Internet has led many companies to realize the great value of having their own easy-t.
On September 30, 2002, three new sets of rules concerning domain names became effective in China. The Ministry of Information Industry promulgated the PRC Rules for the Regulation of Internet Domain Names. The other two were issued by the China Internet Network Information Center (CNNIC): CNNIC Rules for Domain Name Dispute Resolutions and CNNIC Procedural Rules for Domain Name Dispute Resolutions.
Cyberpirates don't fly the Jolly Roger when ripping off trademarks and domain names. They work in secret, but if you don't catch them early, they can scuttle your ship of commerce.
With the Internet opening so many doors to the expanding global economy, your corporate identity may be more vulnerable than ever before. But every country has different laws, and to the extent that the theories behind the laws overlap, they are applied differently. Whether you are trying to obtain a trademark registration in Japan or fighting for common law rights in the US, there are several basic strategies that should be undertaken to keep your portfolio or trademarks, including domain names, strong.
As the Internet opens the door to a global economy, your corporate identity is more vulnerable than ever before. With a proactive strategic trademark and domain name plan in place, you can remain a step ahead of would-be infringers, in the US and abroad. Every country has different laws, and to the extent that the theories behind the laws overlap, they are applied differently.
Because a domain name permits Internet users to locate information on he application seeks re.
This article summarizes the Internet Corporation for Assigned Names and Numbers' ("ICANN") new policy and procedures for resolution of claims that registered domain names infringe upon trademarks or services of others.
Since the first installment of this series, it has become evident that obtaining and protecting domain .
Kathleen Peterson, a partner at Preston Gates & Ellis LLP, focused on strategies for fighting instances of "cybersquatting," under both the Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Anti-Cybersquatting Protection Act ("ACPA"). Addressing the UDRP, Ms. Peterson noted that the Policy has been adopted by all accredited domain-name registrars for ".com", ".net", and ".org" domain names, and provides for resolution of disputes through arbitration.
Kathleen Peterson, a partner at Preston Gates & Ellis LLP, focused on strategies for fighting instances of "cybersquatting," under both the Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Anti-Cybersquatting Protection Act ("ACPA"). Next, Michael Bettinger, leader of the Intellectual Property Litigation Group at Preston Gates & Ellis LLP, discussed the Markman hearing, which in patent litigation determines the meaning and scope of the patent claims in dispute.
Two recent developments in Internet and trademark law signal increased protection for trademark owners in the escalating battle against cybersquatters: (1) enactment of the federal Anticybersquatting Consumer Protection Act (the "Act"), and (2) approval of the Uniform Domain Name Dispute Resolution Policy (the "Policy") by the Internet Corporation for Assigned Names and Numbers.
A trademark holder can hold a domain name which is made up, entirely or in part, of a trademark he owns transferred to him as use of his trademark without a license, otherwise known as trademark infringement.
A trademark holder can hold a domain name which is made up, entirely or in part, of a trademark he owns transferred to him as use of his trademark without a license, otherwise known as trademark infringement.
I. Introduction and Background A domain name is part of a Uniform Resource Locator (URL), which is the address of.
You have spent valuable resources developing and protecting your company's trademark, only to discover that someone (a competitor, disgruntled former employee, cybersquatter) has incorporated it into his domain name, and now your potential customers are being diverted to his website. What is your recourse?
As businesses realize that the Internet is the wave of the future, many are rushing to catch that wave by establis.
Nels Lippert presented an in-depth discussion on the Uniform Domain Name Dispute Resolution Policy. William DiSalvatore presented "Identifying and Effectively Protecting Trade Secrets."
Looks at issues surrounding the new release of top-level domain names.
The International Organization of Securities Commissions has issued a report that contains recommendations for hed.
Your client's trademark has been registered as an Internet domain name. What, if anything, can you do?
A Canadian using a trade-mark in the United States, whether it be registered in the US or recognized at common law, who believes that the registration or use by a third party of a domain name violates the rights in the trade-mark, may be able to commence an action under the US Anti-Cybersquatting Consumer Protection Act (ACPA) which was signed into law on November 29, 1999 to amend the Lanham Act, the federal trade-mark legislation in the United States.
Imagine that you own a business which manufactures and sells the best thweems known to manÃÂThweemland, Inc. Your .
This article summarizes the Ninth Circuit's recent decision in Brookfield Communications, Inc. v. West Coast Entertainment Corporation that clarified rules for establishing trademark rights in domain names, and for evaluating trademark and web site meta tag conflicts.
Many acquisitions, financings, and bankruptcies over the last 20 years consisted primarily of the transfer or security of intellectual property, mainly brands. Parties rely on their lawyers to make certain that they actually acquire the assets needed to run the business.
This document gives and overview of the requirements for registering a domain name for a trademark.
Covers Cybersquatting and Domain Name Disputes; Jurisdiction and Choice of Law; Navigating the US Government's Export Restrictions on Encryption Technology; Texas Repeals the Internet Access Tax Law; and PTO Gets APA deference from the Supreme Court.
This article discusses the importance of domain-name brands in a company's marketing efforts, but warns they must be wisely managed to avoid a number of serious legal and practical perils.
One of the last legislative enactments of 1999 was the "Anticybersquatting Consumer Protection Act." This new law,.
Edward T. Colbert, Partner at Kenyon & Kenyon, presented "A Strategic Overview of Recent Developments in Enforcement Under Trademark Infringement, Dillution and Cybersquatting." James Galbraith, also a Partner at Kenyon & Kenyon, discussed the topic of managing the cost of patent litigation.
This article summarizes the different types of intellectual property protection available for a small business.
This paper briefly identifies the main players and reviews the history of domain name disputes and their resolution.
This article reviews the issues an internet company should examine when conducting business over the internet.
This article discusses trademark law and how this law applies to the internet.
Introduction The Internet is a wonderful new business tool. It is also a new medium and many have sought to .
Background Increasingly, consumers are utilizing Internet addresses for finding specific sources of goods and se.
Marketing is a process that you can use to grow your practice. This article provides an overview of the four P's of marketing plans - product, price, place and promotion.
This article explains the new process of resolving internet domain name disputes which is administered by the Internet Corporation for Assigned Names and Numbers.
James Nguyen, Senior Counsel at Foley & Lardner, presented two discussions, the first entitled "Post-Registration Strategic Maintenance and Protection of Your Trademarks." He noted that "Trademarks can be a powerful sword, but needed to be actively shielded to protect their strength." Nguyen covered several helpful tips for managing a trademark portfolio.
James Nguyen, Senior Counsel at Foley & Lardner, presented two discussions, the first entitled "Post-Registration Strategic Maintenance and Protection of Your Trademarks." He noted that "Trademarks can be a powerful sword, but needed to be actively shielded to protect their strength." Next, William J. Robinson, a Partner at Foley & Lardner, presented a discussion on IP Litigation strategies. His talk primarily focused on managing IP litigation costs, an area that has seen tremendous expansion, both in terms of amounts that clients have at stake and the price of participating in an IP case.