Currently browsing June 2009 Archives.

2009.06.18

Cybersquatting Hotel Names: Findings of Trademark Infringement and Cybersquatting Under the UDRP Against Media Insight.

Domainfight.net reports the following cybersquatting complaints under the Uniform Domain Name Dispute Resolution Policy (UDRP) against Respondent Media Insight aka Media Insights brought by major hotel chains.  Cybersquatting domain name trademarks owned by hotels and resorts has continued to increase over the last several years.

2009.06.11

The Importance of Registering Your URL on Facebook

On Saturday, June 13, 2009, at 12:00 a.m. EDT, Facebook will allow users to create their own URLs for their profiles.  It is extremely important for those who have Facebook pages for their organizations/businesses to register their trademarked name.  Domain Name Wire stressed the rules Facebook will be using to prevent domain squatting from happening.  First, you can never transfer your profile.  Second, there is a trademark policy enforced on Facebook.  Lastly, anyone creating an account after announcement of username availability will not be able to select a username initially.  Once you have your username accepted, this will make it easier to advertise on your business card and in emails.

Protecting yourself and your company from trademark infringement on Facebook

Trademark Infringement on Facebook Facebook is allowing personalized URLs to be added to accounts. On Tuesday, June 9, Facebook, Inc., a social networking website company based in the United States, publicly announced that beginning Saturday, June 13th at 12:01 a.m. U.S. EDT, users of the Facebook website will be allowed for the first time to create personalized URLs for their Facebook pages (facebook.com/yourname).  If you do not secure your name or your company name for your facebook page, someone else might do so causing confusion, trademark infringement and raising the possibility of fraud.

Facebook, Inc. has created an online form for rights owners interested in preventing their trademarks from being registered as usernames by Facebook users.

Trademark owners can reserve their trademark on the Facebook platform by submitting relevant information to Facebook, Inc. through their trademark protection contact form, available at Facebook's trademark rights page.  If you have further questions or concerns, please contact Facebook directly or see its Frequently Asked Questions (FAQ) page.

For more information about the growing threat to personal names, trademarks and brands on facebook and twitter read "The Growing Threat to Trademarks and Personal Names: Social Network Cybersquatting."

Continue reading Protecting yourself and your company from trademark infringement on Facebook >>
2009.06.04

Bill Clinton Loses UDRP Cybersquatting Arbitration - Inconsistency Still a Big Problem With UDRP Decisions

As being reported at HuffintonPost.com and Domain Name Wire, President Bill Clinton lost his Uniform Domain Dispute Resolution Policy (UDRP) NAF arbitration for the domains <williamclinton.com>, <williamjclinton.com> and <presidentbillclinton.com>, registered with The Name It Corporation d/b/a Nameservices.net.  Essentially, the arbitrator/panelist Glen Ayers found that:

  1. Respondent’s disputed domain names are confusingly similar to Complainant’s WILLIAM CLINTON mark pursuant to Policy ¶ 4(a)(i). Thus the first element of the policy was satisfied.
  2. Respondent lacks all rights and legitimate interests in the disputed domain names pursuant to Policy ¶ 4(a)(ii).
  3. Respondent has not registered or used the disputed domain names in bad faith; Respondent has not violated any of the factors listed in Policy ¶ 4(b) or engaged in any other conduct that would constitute bad faith registration and use pursuant to Policy ¶ 4(a)(iii).

As noted below, the arbitrator's decision is questionable as a matter of common sense and UDRP precedent.  One problem that continues to persist under the UDRP is the disparity of experience, understanding or trademark law and established bias (both pro-Complainant and pro-Respondent) of UDRP arbitrators.

Additional resources regarding the issue of cybersquatting famous, celebrity and politician names:

Continue reading Bill Clinton Loses UDRP Cybersquatting Arbitration - Inconsistency Still a Big Problem With UDRP Decisions >>
2009.06.01

.cm Domain Registration: Sunrise Period For Trademark Owners Begins June 15

Netcom_registry Trademark Infringement Alert:  .cm is the Top Level Domain for Cameroon and unfortunately a target for cybersquatters and typosquatters due to “cm” being a common typographical error for the most popular TLD ”com”. NetCom is the registry for the .cm domain names. 

Trademark owners need to take advantage of the short 'sunrise' period to register their brands and trademarks before registration opens up to third parties, some of who will be looking to cybersquat and typosquat on trademarks.

Continue reading .cm Domain Registration: Sunrise Period For Trademark Owners Begins June 15 >>

Cybersquatting Law Blog Homepage: Cybersquatting & Domain Dispute Lawyer Attorney Law Firm

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Reverse Domain Name Hijacking

  • Reverse Domain Name Hijacking
    Reverse domain name hijacking occurs when a trademark owner files a UDRP arbitration against a domain name owner on frivolous claims of trademark infringement. Domain name Hijacking is real. Find out how to protect your domain names.

Domain Theft & Stolen Domain Name Help

  • Domain Theft & Stolen Domain Name Help
    We often hear "someone stole my domain name." A domain name theft attorney can help you recover a stolen domain whether the thief is an employee, business partner, web developer, web hosting company or third party.

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Events & Conferences:
  • International Trademark Association 2011, San Francisco, California
  • Cyber Law Summit 2011, Las Vegas, Nevada
  • Game Developers Conference 2011, San Francisco, California
  • DOMAINfest 2011, Santa Monica, California
Recent Attorney Speaking Engagements:
  • South By Southwest 2010 SXSW Interactive Conference, Austin, Texas
  • West LegalEdcenter Midwestern Law Firm Management, Chicago, Illinois
  • Internet Advertising under Part 255, Altitude Design Summit, Salt Lake City, Utah
  • Online Defamation and Reputation Management, News Talk 650 AM, The Cory Kolt Show, Canada Public Radio Saskatewan Canada
  • Alternative Fee Structures, Center for Competitive Management, Jersey City, New Jersey
  • FTC Part 255 Advertising Requirements, Mom 2.0 Conference, Houston, Texas
  • Webmaster Radio, Cybersquatting & Domain Monetization, Fort Lauderdale, Florida
Notable Complex Litigation Cases Handled By Our Lawyers:
  • Trademark Infringement, Milwaukee, Wisconsin
  • Cybersquatting Law, Trademark Law and Dilution Detroit, Michigan
  • Internet Defamation & Online Libel Indianapolis, Indiana
  • Trade Secret Theft, Chicago, Illinois
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Miami, Florida
  • Cybersquatting Law, Anticybersquatting Consumer Protection Act Eastern Dist. of Virginia, Alexandria
  • Stolen Domain Name, Orlando, Florida
  • Commercial Litigation, Tampa, Florida
  • Copyright Infringement and Cybersquatting Law, Grand Rapids, Michigan
  • Mass Tort Litigation, Los Angeles, California
  • Stolen Domain Name, Detroit, Michigan
  • Adwords Keyword Trademark Infringement, Los Angeles, California
  • Trademark Infringement & Unfair Competition, Boston, Massachusetts
  • Non-Compete Agreement and Trade Secret Theft, Detroit, Michigan
  • Mass Tort, Philadelphia, Pennsylvania
  • Mass Tort, Tyler, Texas
  • Insurance Indemnity, New York
  • Copyright Infringement, Detroit, Michigan