Domain name disputes and domain name litigation are important areas of Internet law. Sometimes an individual registers a domain name containing a a geographic designation, such as the name of a city. Whether the domain name owner enjoys trademark protection depends on certain elements. What if the domain name registered includes the name of a […]
The Anti-cybersquatting Consumer Protection Act (ACPA) makes those who register infringing domain names in bad faith liable to civil suits from a trademark owner.
Microsoft has filed a trademark infringement suit against a California dentist, Dr. Saed Said, who has registered more than 40 Internet domains with names similar to Microsoft’s products or brands,
including: aMicrosoftShop.com, aMicrosoftStore.com, XboxOutlet.info and XboxMarket.mobi.
Microsoft claims that Dr. Said operates the domains with the intent to divert Internet surfers looking for Microsoft’s products. “The person has been diverted from the Microsoft Web site he or she
was seeking to visit, and Microsoft has lost the …
The Internet Corporation for Assigned Names and Numbers (ICANN) failed to overcome a stalemate on its efforts to reform the way that domain names WHOIS data is handled. The WHOIS
registry contains the names, address, and contact information of Internet domain name registrants. The information contained in the registry is public, with the exception of domain names with proxy
Businesses, law enforcement, and especially Intellectual Property and Internet Lawyers regularly utilize the domain names WHOIS registry to identify cybersquatters, spammers, phishers, trademark
infringers, copyright infringers, and others. However, the WHOIS registry is also open to abuse and …
Site Pro-1 Inc. v. Better Metal LLC: a better approach for deciding trademark infringement claims resulting from competitive metatag usage and keyword advertising?
This was a trademark infringement lawsuit filed by Site Pro-1, Inc, the owner of the registered trademark SITE PRO 1®, against Better Metal, LLC. Better Metal is a competitor of Site Pro-1. Better Metal purchased a “sponsored search” from Yahoo! that caused its website to be included among the results listed when a Yahoo! search user searched for some combination of the terms “1”, “pro”, and “Site.” The SITE PRO 1® mark was not displayed in the sponsored search result linking to Better Metal’s website. The Court stated: