Sector: Internet and Online

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‘.feedback’ and ‘.sucks’ on criticism sites and trademark owner concerns

Episode 11: The ‘.sucks’ and ‘.feedback new gTLDs have been the source of discussion and disagreement in the trademark community, with the focus being on high sunrise charges for brand owners. In the latest episode of the World Trademark Review Podcast, we bring together John Berard, CEO of Vox Populi, the registry behind the ‘.sucks’ string, and ‘.feedback’ CEO Jay Westerdal. Joining them to provide an IP perspective on their offerings are Greg Shatan, partner at Abelman Frayne & Schwab and president of ICANN’s Intellectual Property Constituency, and Susan Payne, head of legal policy at Valideus.

11 January 2016

FTC issues guidance on native advertising, but enforcement actions will tell the real story

The Federal Trade Commission has issued an enforcement policy statement clarifying its approach to deceptively formatted advertisements. The long-awaited guidance on native advertising is welcome, although it remains to be seen just how impactful it will be in practice.

08 January 2016

Rights protection mechanisms for new internet layer outlined, but could more have been done?

OP3FT – the non-profit organisation whose purpose is to hold, promote and protect the new Frogans layer of the Internet – has expanded on the rights protection mechanisms being made available to trademark owners. However, a leading commentator has expressed disappointment at the conservative approach it has taken towards IP protection.

05 January 2016

IPEC finds marks descriptive in dispute between educational charities

In <i>NOCN (Formerly National Open College Network) v Open College Network Credit4Learning</i>, a trademark infringement and passing-off dispute between two educational charities concerning the use of the term 'Open College Network' and its abbreviation 'OCN', the Intellectual Property Enterprise Court has held that neither party could claim trademark rights or goodwill in either term due to their wholly descriptive nature.

05 January 2016

EFF obtains transfer of domain name used for cyber attack under UDRP

In a recent decision under the UDRP, a panel has ordered the transfer of a domain name used to facilitate the dissemination of malware. The decision illustrates the fact that, provided that a complainant owns a trademark that is identical, or confusingly similar, to a domain name used for a cyber attack, the UDRP may be used to deliver a swift response to such activities.

05 January 2016

Alibaba talks up anti-counterfeiting credentials in wake of USTR swipe

The Office of the US Trade Representative’s (USTR) Special 301 Out-of-Cycle Review of Notorious Markets for 2015 has identified the online marketplaces that reportedly facilitate substantial online piracy and counterfeiting. While sites owned by the Alibaba Group were not listed, the USTR highlighted concerns over its enforcement programmes. By apparent coincidence, in the same week, Alibaba announced that it was bolstering its anti-counterfeiting efforts, starting with the appointment of a new head of global IP enforcement.

04 January 2016

Screen capture of website to which disputed domain names were pointing insufficient to establish bad faith

A WIPO panel has denied the transfer of the domain names ‘montecarlo.biz’ and ‘montecarlo.ws’ under the UDRP because the complainant - the owner of the marks CASINO DE MONTE-CARLO and MONTE CARLO - had failed to establish bad-faith registration and use. Among other things, the panel found that the complainant had failed to demonstrate a deliberate intent by the respondent to create a likelihood of confusion with the complainant's trademarks.

04 January 2016

Ninth Circuit reverses itself in Amazon.com v Multi Time Machine

01 January 2016

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