Intellectual Property

Recent Posts

Shutting Down Criticism or Protecting from Impersonation?
Posted on 10 Sep 2008 by Gerald M. Levine

A blogger [http://acro.net/blog/2008/08/03/aspis‑wipo/] has posted a denunciatory comment about a majority decision that shuts down a criticism site, <aspis.com> in a case entitled Aspis Liv Försäkrings AB v. Neon Network , LLC, D2008... Read More

Sutherland Legal Alert: XXX Domains: Prevention is Better than the Cure
Posted on 13 Sep 2011 by Sutherland Asbill & Brennan LLP

By Chris Chan , James Johnson , Josh Curry , and Ian Wasser Brand owners should be wary of the launch of the new .XXX top-level domain, scheduled for implementation in December 2011. While Internet Corporation for Assigned Names and Numbers (ICANN) intended... Read More

Uncertainty in Protecting Two and Three Letter Trademarks
Posted on 28 Aug 2008 by Gerald M. Levine

There have been a number of recent cases involving two to five letter domain names accused of violating the Policy. The history is mixed, but there is a lesson for a losing complainant. The winning complainant generally has a famous or well known acronym... Read More

Williams Mullen: ICANN Under Fire on Eve of New GTLD Release
Posted on 10 Jan 2012 by Williams Mullen

BY: AMY G. MARINO The Internet Corporation for Assigned Names and Numbers (ICANN) plans to accept new applications from January 12, 2012 to April 12, 2012 for hundreds of new generic top-level domains (gTLDs, e.g., .com, .net, .org), in the wake... Read More

Brandjacking and a Better Defense
Posted on 16 Jun 2008 by brian.scanlon placeholder

Brand-jacking is becoming a bigger and bigger thorn in the side of brand owners, and they don’t have many options for removing the thorn. Think of the internet as a big house and the brand jackers as rodents, and with so many rodents and so many... Read More

Federal Courts Order Seizure of 82 Website Domains Involved in Selling Counterfeit Goods as Part of DOJ and ICE Cyber Monday Crackdown
Posted on 7 Dec 2010 by Copyright & Trademark Law Community Staff

From the US Department of Justice : WASHINGTON - Seizure orders have been executed against 82 domain names of commercial websites engaged in the illegal sale and distribution of counterfeit goods and copyrighted works as part of Operation In... Read More

Respecting the Record – Construing Rule 12 of the Policy
Posted on 25 Jul 2008 by Gerald M. Levine

A complaint in a UDRP proceeding is a procedure that combines a pleading with a motion for summary judgment. Whatever evidence a party has in support for or defense of the claim for abusive registration must be presented with the pleadings or risk losing... Read More

Plenary Adjudication After An Adverse Decision
Posted on 24 Jun 2008 by Gerald M. Levine

The UDRP does not provide for an administrative appeal from an adverse order. Rather, recourse must be a de novo law suit under national law which, in the case of the United States would be a claim under the Lanham Act, infringement of a registered mark... Read More

McNees Wallace & Nurick LLC: New gTLDs to Appear as Early as 2012
Posted on 10 Aug 2011 by McNees Wallace & Nurick LLC

By Brian Gregg At its June 20, 2011 meeting in Singapore, the Internet Corporation for Assigned Names and Numbers (ICANN) voted nearly unanimously to approve the long awaited Applicant Guidebook. That decision starts the clock on the application... Read More

ICANN Board Directs Staff to Launch New Top Level Domain Applications in May of 2011
Posted on 5 Nov 2010 by Paul D. McGrady, Jr.

Over the last several years, ICANN 1 has been working on a process by which the domain name space can be expanded. Currently, ICANN has approximately twenty generic top level domain names (or gTLDs as they are called) under its umbrella. The most well... Read More

Starting an Online Business / CLE Webinar - ICANN's New Top-Level Domain Names, Featuring Paul D. McGrady Jr.
Posted on 24 Mar 2011 by Paul D. McGrady, Jr.

Paul D. McGrady Jr., a partner with Greenberg Traurig in Chicago and author of McGrady on Domain Names , told LexisNexis® about new top-level domains in the works at ICANN, or the Internet Corporation for Assigned Names and Numbers. The ICANN board... Read More

Bona Fide Use of Domain Name Prior to Notice
Posted on 27 Jan 2009 by Gerald M. Levine

Of two parties equally entitled to a domain name, even though one has a registered trademark and the other does not, the first to register has a superior right unless there is proof that the respondent with knowledge of the complainant or its mark has... Read More

ICANN Makes Hundreds of New gTLDs Available as of 2012
Posted on 24 Jun 2011 by Williams Mullen

By AMY G. MARINO & ROBERT C. VAN ARNAM ICANN OPENS UP HUNDREDS OF INTERNET DOMAIN NAME ENDINGS WHICH WILL GREATLY EXPAND WEBSITE POSSIBILITIES FOR BOTH BRAND OWNERS AND POTENTIAL INFRINGERS. The Board of Internet Corporation for Assigned Names and... Read More

Brinks Hofer Gilson & Lione: .XXX Sponsored Top-Level Domain Registration Period Begins September 7, 2011
Posted on 8 Aug 2011 by Brinks Hofer Gilson & Lione

The Internet Corporation for Assigned Names and Numbers (ICANN) delegated .XXX sponsored top-level domain names (sTLDs) on April 15, 2011. The .XXX sTLDs are managed by the ICM Registry and are reserved for members of the adult entertainment industry... Read More

Toyota Motor Sales: Internet Shoppers Rarely Confused by Trademark Use in Domain Names
Posted on 29 Jul 2010 by Anne Gilson LaLonde

Please click on the link(s) at the bottom of the post to view or download Toyota Motor Sales, U.S.A., Inc. v. Tabari, 2010 U.S. App. LEXIS 13930 (9th Cir. 2010) In a lively opinion displaying unusual judicial sophistication regarding the Internet... Read More