Category Archives: Internet

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Deadline Approaching: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection

The U.S. Copyright Office is making changes to the Digital Millennium Copyright Act (DMCA) safe harbor agent registration process. The changes impact both new online service providers as well as existing online service providers who have already registered an agent. Read on for details about what you will need to do.… Continue Reading

T.T.A.B. Emphasizes the Fame of the Movie ‘Jaws’ in Its Refusal to Register a Cooking Show’s Mark

On March 16, 2016, the TTAB affirmed the refusals of an applicant’s mark, JAWS DEVOUR YOUR HUNGER, for online streaming cooking shows, holding that it is confusingly similar to the registered mark from the movie JAWS. Though the Board will rarely consider the fame of a mark in its du Pont analysis, the fame of … Continue Reading

Trademarks In The Veldt: Do Virtual Lawyers Dream Of Electric Trademarks?

In Neal Stephenson’s 1992 science fiction novel, Snow Crash, humans interact as avatars in the “Metaverse,” the collective product of online shared three-dimensional space.[1] As imagined by Stephenson, this “Metaverse” has been created by all virtual worlds[2] – it is an augmented and enhanced physical reality, a physically persistent virtual space.[3] The novel is set … Continue Reading

Second Circuit Resolves Split Between the Circuits Regarding Sale of Keywords to Trigger Sponsored Links and “Use in Commerce” Under the Lanham Act

On April 3, 2009, the Second Circuit Court of Appeals handed down its decision in the matter of Rescuecom Corp. v. Google, Inc., reversing the United States District Court for the Northern District of New York’s dismissal of Rescuecom’s complaint on the grounds that it failed to state a valid claim for relief. The Court … Continue Reading

Brave New Web: Trademark Rights in the Expanding Internet

In June 2006, the International Corporation for Assigned Names and Numbers (ICANN) approved a plan that would allow for the creation of hundreds of new domain names.  The Internet as we know it currently operates using 12 generic top-level domain names (gTLDs) to direct traffic.  Some of the more common gTLDs include .com, .net, .edu, … Continue Reading

Ninth Circuit Clarifies the Scope of Immunity for Website Operators Under the Communications Decency Act of 1996

The Communications Decency Act of 1996 (codified at 47 U.S.C. § 230) provides immunity to interactive computer services, e.g., websites, against liability arising from content created by third parties.  This immunity only applies if the interactive computer service provider is not also an information content provider, defined as someone who is "responsible, in whole or in … Continue Reading

Why US Web Site Owners Should Watch Foreign Suits

Just when you thought it was safe to enter the waters of "thumbnail imagery" in light of the Ninth Circuit decision in Perfect 10 Inc. v. Google Inc., recent court decisions in Germany may give some pause to ISPs, online content providers, and Web site owners that display third-party content. Click here to read more. … Continue Reading

Solicitation by Domain Name Registrar in Asia

The following is a typical solicitation letter from a domain name registrar in China or Hong Kong.  Such letters are often sent indiscriminately en masse to registrants of .com domains.  “Halliton Holdings, Inc.” is usually a fictitious company crafted by the sender to induce alarm.  Such letters often elicit a panicked response from the recipient. … Continue Reading

Dilemma for Foreign Enterprises Running E-sports Games in China

Electronic sports games (“E-sports games”) have been developing at an extremely high speed, forming a sports storm sweeping over the entire world.  With E-sports games gaining tremendous popularity in China, more and more foreign companies are aiming at the Chinese market.  However, upon entering China with enthusiasm, foreign enterprises are often paralyzed by Chinese regulations.… Continue Reading

Constitutional Rights and Digital Dilemmas

Government attempts to commandeer encrypted passwords and to search laptops at border points raise a host of constitutional issues from self-incrimination to unlawful search and seizure. On November 29, 2007, in a case believed to be the first of its kind, a U.S. District Court in Vermont ruled that the government could not require a … Continue Reading

The Thin Digital Line

The line between digital fantasy and reality is becoming evermore blurred, as evidenced by the recent arrest of a 17 year-old Dutch teen and the questioning of five others.[1] Using a phishing scam, the teens were allegedly able to secure log in identifications for a Web site called Habbo Hotel.[2] The teens allegedly used this account information … Continue Reading

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