Trademark & Cybersquatting Update - INTA Makes the Argument Against Unlimited New gTLDs

Trademark lawyers and trademark organizations such as the International Trademark Association (INTA) have kept a close eye on ICANN's proposal to allow virtually unlimited new gTLDs and the impact such a move would have on brand owners and the stability of the internet itself. In this interview with INTA Executive Director Alan Drewsen, the Manager of External Relations in Internet & Judiciary Claudio DiGangi and Manager of Communications Matthew Schmidt, the INTA makes the case against the current move to open up the gTLD space, and encourages trademark owners to participate the comment period for the New gTLD Program – Draft Expressions of Interest/Pre-Registrations Model. (You can view the existing comments here or the recommendations to create a Trademark Clearinghouse and Uniform Rapid Suspension procedure here). 

Play: Traverse Legal Radio - Alan Drewsen, Claudio DiGangi, and Matthew Schmidt of INTA Discuss ICANN's EOI Solicitation on New gTDLs
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With: Alan Drewsen,Claudio DiGangi,Matthew Schmidt

Sponsored by: Traverse Legal, PLC , Traverse Trademark Law

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Announcer:  Today’s program is brought to you by the attorneys at Traverse Legal, PLC,  a global law firm specializing in Internet Law, Trademark Infringement, Copyright Infringement, Cybersquatting, Internet Defamation, Non-Compete & Trade Secret Law and Complex Litigation.  If you have a legal matter arising on the web, contact one of Traverse Legal’s Internet Lawyers today.  Now here’s your host, Damien Allen.

WHOIS Privacy Protection Considered Material Falsification Under CAN-SPAM Act

CircleID reports that a recent 9th Circuit Court of Appeals decision has held that WHOIS privacy protection can be considered a "material falsification" under the CAN-SPAM Act.  The CAN-SPAM Act, which prohibits deceptive email headers and subject lines, states that "registration information is materially falsified if it is altered or concealed in a manner that would impair the ability of a recipient of the message…to identify, locate, or respond to a person who initiated the electronic mail message…."  The 9th Circuit, in US v. Kilbride, stated that the use of a WHOIS privacy protection service to hide the identity of a domain name registrant constitutes a violation of the CAN-SPAM Act because it prevents an end-user from contacting the owner of a domain name to opt-out of email communications.

While the full import of this decision is still unclear, it is safe to say that this decision is one that website owners should take very seriously, especially if the website distributes marketing messages through email or telephone lists.  If you are a website owner or domainer who seeks advice on website agreements, website compliance, the CAN-SPAM Act, or Internet law, contact one of our expert Internet lawyers today at 866.936.7447.