Category Archives: Trademark
June 4, 2014
Trademark Panel Cancels Mark Despite Lack of U.S. Use
In a precedent-setting case, the Trademark Trial and Appeals Board (TTAB) has rescinded a trademark even though the trademark holder doesn’t use that mark in the United States and has no plans to do so. The case, which can be found here, illustrates that the “misrepresentation as to source” provision of the Lanham Act can […]
> read moreMay 20, 2014
WIPO Launches Visual Search of Key Database
In what may well be the first action of its kind, the World Intellectual Property Organization (WIPO) unveiled earlier this month a visual search interface for its Global Brand Database. The new interface is designed to make it possible for users to look for trademarks by their visual appearance. The new UI can be approached […]
> read moreNovember 28, 2012
ICANN Takes Steps to Provide gTLD Owners With Added Protection
ICANN, the organization charged with overseeing various internet-related tasks, including the new global top-level domain name (gTLD) system, recently began implementing a “Proof of Use” verification process. New gTLDs and their marks will be given protection through the Trademark Clearinghouse during its sunrise periods. A sunrise period is a set amount of time where Clearinghouse […]
> read moreJune 14, 2012
Nearly 2,000 Applications for New gTLDs
The world is going to get more complicated. Instead of the Internet-universe mainly being defined by .com, net, and .org, potentially thousands of new top-level domains, known as TLDs, are going to be added. The Internet Corporation for Assigned Names and Numbers (“ICANN”) has posted information about applications to establish new TLDs. The $185,000 price […]
> read moreMay 14, 2012
Don’t Take UDRPs Lightly
When faced with an uncooperative cybersquatter, trademark owners have several choices, among which are filing a lawsuit or a Uniform Domain Name Dispute Resolution Policy (UDRP) complaint.[1] One of the advantages of a UDRP procedure is that it is quicker and much less expensive than a lawsuit. But that does not mean it should be […]
> read moreMarch 14, 2012
Domain Name Panel Rejects Arguments of Alleged Distributor
How does a brand owner successfully recover infringing domain names from someone claiming to be a former distributor? Instead of getting bogged down arguing about the particular terms of a distribution contract (or lack thereof), focus on the singular elements that are basic to a domain name dispute, namely “bad faith” registration and use of […]
> read moreApril 13, 2011
.XXX gTLD News Bulletin
On March 18, 2011, ICANN approved ICM Registry’s .XXX top-level domain (TLD). To hedge against an obvious public relations nightmare (think http://www.[yourbrand].xxx) and future infringement, you can take preventative action through ICM Registry’s Sunrise Period.
> read moreApril 4, 2011
Keyword-triggering Ads Infringing?
Businesses can purchase keyword-triggered advertisements through online ad networks, such as Google, well known for its AdSense program. Through AdSense, purchasing a keyword results in your ad being shown when a user searches for that keyword.
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