Traverse Legal
Cybersquatting and trademarks: What you need to know. | Mark As Read |
Is your trademark being cybersquatted? Her is what you need to know.
In Rem Cases Under the ACPA: Do you have to prove bad faith intent to profit? | Mark As Read |
Does bad faith need to be alleged or proved in an in rem ACPA case under 15 U.S.C. 1125(d)(2) in the Fourth Circuit?
Interview with Christine Willett, VP of gTLD Operations - YouTube Video | Mark As Read |
September 2013 Interview with Christine Willett, VP of gTLD Operations on the new gTLD domain name root extensions.
New gTLD Domain Name Suspended by URS | Mark As Read |
Respondent had purchased and intended to use this domain name even though the Respondent was made aware of the fact that there was a registered trademark for MITTAL and that it had been registered with ICANNs Trademark Clearinghouse.
gTLD Domains at Top Auction Prices | Mark As Read |
Domain auction companies pay high prices for the new gTLDs.
Your Domain and the TLD Expansion | Mark As Read |
With the addition of new top level domains, such as .discount and .cheap, it is highly recommended to brand owners that they take additional registration steps with ICANN to protect their trademarked domains. ICANN has recently formed the Trademark Clearinghouse (TMCH) to help with additional protection.
Do Celebrities Have Rights in Their Matching Domain Names? | Mark As Read |
Celebrity domain names are almost always in the news. That's because people tend to register domain names of famous people, politicians and celebrities in order to make money off of someone else's fame. Celebrity cybersquatting has been around since domain...
gTLD Oppositions For Legal Rights Objections (LRO) | Mark As Read |
Having just completed a number of responses to objections filed to gTLD applications, I have a number of observations. Many lawyers are dealing with the LRO process. Some of the objections that were filed were legitimate objections based on legitimate...
Can A Top Level Domain (gtld) Be Trademarked? | Mark As Read |
With all the new GTLDs being rolled out by the Internet Corporation for Assigned Names and Numbers (ICANN), the question of whether a GTLD can be trademarked has become the big issue. The answer is relatively straightforward. A GTLD cannot...
Traverse Legal, PLC Successfully Defends UDRP Filed by Non-Profit: No Established Trademark Rights in Phrase "Organizing for Action" | Mark As Read |
Attorney Brian A. Hall has successfully defended a UDRP filed against its client concerning the domain names organizingforaction.com and organizingforaction.org. The UDRP Decision to deny the claim matches another earlier, although recent, decision that reached the same result concerning the...
Traverse Legal Obtains $74,500 Statutory Damage Award Against Overdrive, Inc. for Bad Faith Cybersquatting. | Mark As Read |
Traverse Legal's cybersquatting law lawyers obtained a statutory damage award under the ACPA on behalf of their client in the amount of $74,500 against Overdrive, Inc., a distributor of digital products such as ebooks, audiobooks, music and videos, for bad...
CitizenHawk UDRP Complaint Fail | Mark As Read |
When you use a service which tends to boilerplate all of your pleadings, you sometimes get what you pay for. CitizenHawk does a variety of different online brand protection activities. But a bunch of what it does is automated and...
Uniform Domain Name Dispute Resolution Policy: UDRP WIPO vs. NAF Arbitration. Which Should I Choose? | Mark As Read |
A UDRP complaint seeking arbitration to transfer a domain name which you believe is infringing your trademark mark to you and to obtain control of that domain name. A common question we often have is whether or not there is...
Cybersquatting Lawyer wins UDRP Case Against Cybersquatter. | Mark As Read |
Marc Randazza (Complainant) of The Randazza Legal Group wins UDRP action against Cybersquatter Crystal Cox (Respondnent) for the bad faith registration and use of domain names incorporating the Complainant?s personal name. Further, the Respondent, in registering multiple domain names which...
Another Cybersquatting Judgment in Favor of Plaintiff | Mark As Read |
Here are the lessons that we've learned as a result of actually getting out in front of a judge and a jury, and trying these ACPA cases. Number one, they are challenging cases because there's so little case law out...
Cybersquatters Beware: KeepAlert Helps Companies Identify Online Brand Attacks | Mark As Read |
We?re broadcasting from the International Trademark Association Conference in Washington D.C. Over 9,000 trademark attorneys and in-house counsel from around the world are here to talk about brands, brand protections, trademarks, trademark registration. Today, we?re talking, again, with Anthony Don,...
KeepAlert Software Provides A+ Online Brand and Domain Management. | Mark As Read |
Welcome to Cybersquatting Law Radio, my name is Trademark and Cybersquatting Attorney Enrico Schaefer. Today, we?re broadcasting from International Trademark Association Conference in Washiington D.C. and it?s over 9000 trademark attorneys and vendors who specialize in global online brand protection....
Tales from a Cybersquatting Law Lawsuit | Mark As Read |
Now the first thing you need to know is that the ACPA, the Anti-cybersquatting Consumer Protection Act, has a very limited number of cases that have been decided under it. The language of the statute is fairly clear, but, as...
Don?t be a Cybersquatter: How To Avoid Trademark Cybersquatting under the ACPA and UDRP. | Mark As Read |
...the whole concept of cybersquatting is something that's foreign to many people. Maybe, they've never heard the term cybersquatting before. They may register domain names for fun, or maybe even for a living without a high level understanding of cybersquatting...
Cybersquatting and the Nuclear Option: What the Protect IP Act and Stop Online Piracy Act (SOPA) Means to Domainers | Mark As Read |
Cybersquatting law addresses trademark infringement under the Uniform Domain Name Dispute Resolution Policy (UDRP Policy) and the Anticybersquatting Consumer Protection Act (ACPA). But a new law which will directly affect domainers is gaining traction in Washington, D.C.. The Protect IP...
Cybersquatting Casino and Poker Related Domain Names | Mark As Read |
MGM Resorts International files cybersquatting lawsuit in US District Court in Las Vegas against four individuals and two companies for cybersquatting on its casino and poker related domain names such as bellagioonlinepoker.com, circuscircuspoker.com, excaliburpoker.com, luxorpoker.com, mandalaybayonlinepoker.com and ariapoker.com. MGM alleges......
Typosquatting Trademark Protected Domain Names Reportedly Costs Brand Owners over $285 Million Dollars Annually | Mark As Read |
Of all the different forms of intentional bad faith cybersquatting on trademark protected domain names, typosquatting is one that drives trademark owners a bit crazy. Registering a typographical variation of a famous brand name or high-traffic website just does not...
Cybersquatting Definition under the ACPA. The Basics. | Mark As Read |
What is cybersquatting? It is a question I hear a lot as an internet lawyer protecting trademark interests across the World Wide Web. Today we are speaking with Attorney Brian Hall so we can all better understand what constitutes 'cybersquatting"...
Typosquatting High Traffic Trademark Protected Domain Names | Mark As Read |
Is typosquatting worth $100,000 in liability? Harvard University recently performed a study that estimated the amount of profit Google is generating from ad placements on typosquatted domain names. The report alleges that Google potentially earns $500 million a year in...
Trademark Owners Should Block .XXX Domains | Mark As Read |
As of September 7, 2011, owners of registered trademarks can file applications to prevent third parties from registering .XXX domain names containing their trademarks. This initial period, known as the sunrise period, will conclude on October 28, 2011. Applications to...
What Company Files the Most Cybersquatting Cases under the UDRP Cybersquatting Law? | Mark As Read |
Cybersquatting cases under the UDRP are up: According to Domain Incite author Kevin Murphy, children toy manufacturer Lego recently passed Microsoft in filed complaints against cybersquatters, reporting that Lego has filed 236 cases under the UDRP since 2006, one more...
Cybersquatting & Domain Dispute Update: Yet Another Risk for Parking Pages | Mark As Read |
Cybersquatting Law Update: Even something as arguably 'passive' as a web site parking page showing advertising links can subject a defendant to personal jurisdiction in another state. Just ask Navigation Catalyst, Epic Media, Connexus, First Look and Basic Fusion. These...
Apple Registers 50 New Domain Names Associated with WWDC | Mark As Read |
Following Apple?s announcements at The Worldwide Developers Conference (WWDC) on Tuesday, Apple registeres 50 new domain names related to iCloud and features of iOS 5, according to MacRumors. - airplaymirroring.com - appleairplaymirroring.com - appledocumentsinthecloud.com - applegestures.com - appleicloudphotos.com - appleicloudphotostream.com......
Bad Faith Cybersquatting Found by 4th Circuit as a Matter of Law | Mark As Read |
In a recent case decided on April 18, 2011, the 4th Circuit Court of Appeals affirmed the District Court?s finding of bad faith cybersquatting by defendant as a matter of law and award of $80,000 in statutory damages. The decision...
Top 10 Domain Name Stories of January 2011 | Mark As Read |
Despite suffering from Domainer Flu, the gTLD of which is now owned by TuCows' YummyNames (thanks Bill Sweetman), we bring you the top 10 cybersquatting/domain name stores of January 2011: 1. Court allows Microsoft's Claims for Contributory Cybersquatting. The Western...
Cybersquatting Grammy Studs Mumford & Sons | Mark As Read |
Cybersquatting and Domain Dispute Update: Grammy performers, Mumford & Sons, latest victum of cybersquatting / typosquatting trademark infringment. Below are results from domaintool's domain typo search tool for the domain nanme mumfordandsons.com: Mufordandsons.com Mumfordandson.com Munfordandsons.com Mumfordandsons.com Mumfordandsons.net Mumforda...
Cybersquatting HuffingtonPost.com: Trademark Infringement Rampant on Popular Site | Mark As Read |
The popular internet newspaper , The Huffington Post, which was recently purchased by AOL for $315 million, has fallen victim of trademark infringement as cybersquatting continues to grow. Check out the full typographical error search result by domaintools.com for the...
Celebrity Cybersquatting: Deceased Fitness Guru Jack Lalanne Under Attack | Mark As Read |
Recently deceased fitness guru Jack Lalanne is target of cybersquatters. Check out these web sites, which are typographical variations of the high traffic domain name www.jacklalanne.com and are clearly cybersquatting the famous name and brand: Jacklalannes.org Jacklalann.com Jacklalannes.com Jack-lalanne.com Jacklalane.net...
What are the Elements for Establishing Cybersquatting under the Anti-Cybersquatting Consumer Protection Act (?ACPA?)? | Mark As Read |
The Anti-Cybersquatting Consumer Protection Act (?ACPA?) is a statute under the Lanham Act which specifically protects domain names from trademark infringement. What are the elements which must be proven to establish cybersquatting under the Anti-Cybersquatting Consumer Protection Act (?ACPA?) creates...
Cybersquatting Groupon in Australia: International Trademarks are also important in Protecting Your Domain Name | Mark As Read |
The deal-of-the-day website known as Groupon files a trademark lawsuit against the two Australian brothers, Gabby and Hezi Leibovitch, who started the clone website called Scoopon in Australia. Opportunistic cybersquatter Scoopon purchased the groupon.com.au domain name, registered the company name...
How to Get Your Lost Domain Name Back When Cybersquatting Law Will Not Help | Mark As Read |
What do you do when your domain name has been stolen but you lack the requisite trademark rights to recover the domain via a domain arbitration under Uniform Dispute Resolution Policy (UDRP) or a lawsuit under the Anti-Cybersquatting Consumer Protection...
Brands are NOT registering defensively in gTLDs | Mark As Read |
A recent survey of over 1000 brands owned by Fortune 100 companies show that Brands aren't defensively registering domain names as was originally predicted. Antony Van Couvering discusses the results of the survey in regards to defensive registration and cybersquatting...
How to Respond to a UDRP Complaint | Mark As Read |
Do you know what to do if you feel your trademark rights are being violated by another party? What if you get a notice that someone else thinks you are infringing on their trademark rights? Attorney Brian Hall discusses the...
Foursquare Allows Domain Name Registration to Lapse | Mark As Read |
Social networking service Foursquare has made a common mistake: it allowed its domain name to lapse with registrar GoDaddy. It is unclear whether this was because Foursquare maintained inaccurate WHOIS information, or whether its credit card had expired, but this...
UDRP Arbitrator Shares Insights on Trademark, Domain Name Disputes and Cybersquatting Issues | Mark As Read |
UDRP Arbitrator Sandra Franklin offers her insights on UDRP arbitrations concerning trademarks, domain names, and cybersquatting issues in this Cybersquatting Law Radio interview. Listen or read the interview below. Play: Interview of a UDRP Arbitrator: Domain Name Disputes & UDRP...
Cybersquatting Tiger Woods's Alleged Girlfriends' Names | Mark As Read |
Domain speculators and ad words aficionados have started the process of cybersquatting the alleged other women in Tiger Woods's life. Here are the cybersquatting results for Jamee Grubbs, Kalika Moquin, and Rachel Uchitel. Jamie Grubes cybersquatted sites include www.jaimeegrubbs.com (privacy...
Insure.com Domain Name Sells For $16 Million To QuinStreet | Mark As Read |
Domain News reports that Insure.com has sold for $16 million to QuinStreet. QuinStreet is a vertical media and online marketing company located in Foster City, CA. This sale is the largest publically reported domain name sale of the year and is an indicator that the domain name economy may be showing signs of a turn around.
Cybersquatting Hotel and Resorts Trademark Protected Names | Mark As Read |
Our cybersquatting attorneys represent one of the largest premium resort chains in South America and have been in litigation on cybersquatting claims under the Anticybersquatting Consumer Protection Act against a travel agency which registered over 20 domain names which include...
Fight Over .eco Top Level Domain Name Between Big Room and Dot Eco Heats Up | Mark As Read |
The fight over the new .eco top-level domain name suffix has increased over the last few weeks. Dot Eco, a group supported by such environmental heavyweights as the Sierra Club, former Vice President Al Gore, and the Alliance for Climate Protection, has issued a 17-page document criticizing the plan of its competitor for the domain name, Big Room....
Cybersquatting Continues To Be The # 1 Method By Which Consumer Fraud Is Perpetrated | Mark As Read |
According to Markmonitor, cybersquatting continues to be the preferred method of online fraud. Linking a website with a major name brand or trademark, increases the likelihood that consumers will be confused. When consumers fail to understand that they are at...
Eric Goldman Interview: Domain Name Exceptionalism - Is Special Treatment Warranted (Part 2) | Mark As Read |
Eric Goldman is an Associate Professor of Law at Santa Clara University School of Law. He also directs the school's High Tech Law Institute. Before joining the SCU faculty in 2006, he was an Assistant Professor at Marquette University Law...
Professor Eric Goldman on Domain Name Exceptionalism - Is Special Treatment Warranted? (Part 1) | Mark As Read |
Eric Goldman is an Associate Professor of Law at Santa Clara University School of Law. He also directs the school's High Tech Law Institute. Before joining the SCU faculty in 2006, he was an Assistant Professor at Marquette University Law...
Handling Trademark Challenges in an Online World | Mark As Read |
Get the latest information on trademark issues implicated in the launching of online advertising campaigns, including the purchase of keywords, buying display ads, developing and protecting taglines, and acquiring associated domain names. Moderator: Russell Pangborn, Microsoft Corporation (United States) Speakers:...
Cybersquatting American International Group | Mark As Read |
DomainFight.net reports the following Uniform Domain Name Dispute Resolution Policy Proceedings brought by American International Group, Inc. (AIG), on October 8, 2006. DomainTools.com reports the following typographical variations of ?AIGInsurance?, most of which are cybersquatted WIPO typographical variations of the...
Domain Name Dispute Update: Cybersquatting Trademark Protected .net Domain Names | Mark As Read |
A search of the uniform domain name dispute resolution policy decisions by WIPO and NAF of .net domains reveals the following results. It is no surprise that .net domains are heavily cybersquatted along with the .com heavyweight. In many instances,...
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