A New York legal boutique known for its expertise in counterfeiting and cybersquatting cases is experiencing a frustrating delay in obtaining a relief against a Canadian computer programmer who they allege set up a website with a name almost identical to the law firm’s.Although GIOCONDOLAW.com is easily confused with the Gioconda Law Group’s own www.giocondalaw.com site, it hasn’t yet been shown that programmer Arthur Wesley Kenzie acted in bad faith when establishing the website and email addresses similar to the firm’s, a federal judge ruled last week. Hence, he denied as premature Gioconda Law Group’s partial motion for judgment under the Anticybersquatting Consumer Protection Act, the New York Law Journal reports.“We had hoped the court would find that on its face the defendant’s conduct amounted to cybersquatting,” founding partner Joseph Gioconda told the legal publication. However, after discovery, “we believe it will become … [Read more...] about Judge puts the brakes on law firm’s suit over similar domain name, says bad faith not yet shown
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The intersection of domain names and the First Amendment is not new. Indeed, in the early days of the domain name system, courts considered the issue of whether a domain name registrar could prohibit the registration of domain names on the basis of content – for instance, domain names containing profanities. See Nat’l A-1 Advertising, Inc. v. Network Solutions, Inc., 121 F. Supp. 2d 156 (D.N.H. 2000); Seven Words LLC v. Network Solutions, Inc., 260 F.3d 1089 (9th Cir. 2001). However, the U.S. Court of Appeals for the Fifth Circuit recently was confronted, in Gibson v. Texas Dep’t of Insurance, with a new twist on the First Amendment as it applies to domain names: whether a particular domain name is pure “commercial speech” (entitled to only limited First Amendment protection) or “expressive speech” (entitled to more extensive protection).The Texas Labor Code prohibits the use together of the words and phrases … [Read more...] about Domain Names and the First Amendment: The Latest Word
A law firm systems analyst described in detail his troubled thoughts on at least one one website before going on a fatal shooting rampage at a suburban Pittsburgh health club this week that may have been triggered by his apparent anger at being rejected by women.So why didn’t anyone try to warn police? Experts speculate that no one read what 48-year-old George Sodini wrote or, if they did, discounted what he said.“Even one person who read that would probably have alerted authorities. There must have been no traffic on that site,” general counsel Christine Jones of godaddy.com tells the Associated Press. The website is the world’s largest domain registrar, overseeing about 36 million of the world’s 100 million or so registered domain names.Likewise, those who encountered Sodini in person probably discounted any disturbing behavior—and people also are less adept at reading interpersonal cues, now that online interactions, rather than face-to-face … [Read more...] about Why Didn’t Anyone Tell Police About Pittsburgh Health Club Shooter’s Website?
The company overseeing the distribution of the new .law domain has announced two important dates for those interested in acquiring an Internet address with the suffix.Minds + Machines has the exclusive license to operate the new .law domain from the Internet Corporation for Assigned Names and Numbers. The company has announced that, beginning July 30, trademark holders will be able to register corresponding names, according to Robert Ambrogi’s LawSites.The names will be available for sale to lawyers Oct. 12.Minds + Machines will partner with ALM Media to advertise and market the .law domain, Ambrogi reports. ALM will acquire more than 100 .law domain names for its own websites and products in connection with the partnership.Prior article:ABAJournal.com: “Want a .law domain? File your ‘expression of interest’ ” … [Read more...] about Interested in a .law domain name? Watch for these dates
On September 3, the Financial Conduct Authority (FCA) published a press release in connection with its September 7 launch of a new and updated version of the UK Financial Services Register (the “Register”).The release states that the aim of the new Register is to make it easier to find information on firms, individuals and other bodies that are, or have been, regulated by the FCA or the Prudential Regulation Authority (PRA).The Register now has a single search field to help users find a regulated firm, individual or collective investment scheme (i.e., a regulated fund) by looking up its name, reference number or postcode. Users can also now search for certain investment exchanges. Results can be filtered and, for the first time, will show whether the firm is covered by the UK Financial Ombudsman Service, the Financial Services Compensation Scheme or if they are a consumer credit firm with interim authorization (the latter previously were subject to a separate register … [Read more...] about FCA Launches New UK Financial Services Register
It happens to even the most diligent companies. You file to register your corporate name in a state where you’re seeking to do business, and before the ink has even dried on the application, you receive notice that your application has been rejected because your proposed name is allegedly too similar to the registered business name of a third party in the state.You’re distraught – perhaps you had even performed a trademark search to clear the name, and that search didn’t reveal evidence of any use of conflicting names in the marketplace. This was supposed to be a breeze, and a delay could present serious business interruption costs. How can this happen and what can you do?The bad news first – sometimes, conflicts like this are unavoidable. States’ practices vary as to how frequently they remove old or inactive corporate name registrations from their books, meaning your application could be blocked by a company that’s no … [Read more...] about What’s In (Corporate) Name? (And How Can I Appeal Rejections?)
After years of online and offline discussions, international meetings, and many versions of proposed controlling documents, in June 2011 ICANN (described below) voted to allow up to 1,000 new top-level domains (TLDs) on the Internet in the near future. At least 500 applications for new TLDs are expected in the first round. Many businesses have been proceeding with the assumption that this complex and expensive expansion of the domain name system would be eventually rejected or substantially delayed, or that an easy and cost-effective mechanism to protect trademarks across domain name registries would be provided as part of the expansion. So far, neither of those assumptions has proved correct. Although some organizations are considering legal and political challenges to slow down this process, unless and until that happens, every entity with a commercial interest in the Internet needs to consider its online marketing plan in light of the dramatically new domain name world ahead. … [Read more...] about Decision Time: Trademarks and the New World of Domain Names
Common "top level" domains, or extensions, include .COM, .NET, and .ORG. A new top level domain ".INSURANCE" is now available and accepting applications to register domain names with the .INSURANCE extension. The rules governing .INSURANCE domains are controlled by fTLD, a consortium of banks, and insurance companies. fTLD also operates the .BANK extension, which successfully launched in 2015, registering over 40% of U.S. banks. fTLD's goals are to enhance trust and security for .INSURANCE sites by creating a trusted, protected, more secure, and easily identifiable space on the Internet for the insurance community. To this end, each approved applicant agrees to comply with a series of website security controls that are not required by the operators of other commercial domains. For instance, a .INSURANCE site must include enhanced authentication controls, inclusion of trusted protocols, and meet NIST data encryption requirements. Who can Apply?Ownership of a … [Read more...] about (dot).INSURANCE for Domain Names?
The Uniform Rapid Suspension System (URS) was created as part of ICANN’s new gTLD program. A gTLD (generic top-level domain) is the “suffix” at the end of a domain name, most commonly .com, .org, .info, .biz and .us. Prior to the new gTLD program there were 23 gTLDs in operation. The new gTLD program is expected to result in the launch of approximately 700 additional gTLDs. More than 400 new gTLDs have already been delegated, with the majority of these in operation. The expansion of the gTLD namespace exponentially increases opportunities for cybersquatting, the practice of registering domain names that infringe another’s trademark rights. In response to concerns voiced by trademark owners over the expanded namespace, ICANN developed the URS as an alternative to the existing Uniform Domain Name Dispute Resolution Policy (UDRP). The URS is intended to provide a quicker and cheaper alternative to the UDRP. This article provides an overview of the differences … [Read more...] about A New Domain Name Dispute Alternative: The Uniform Rapid Suspension System (URS)
Supreme Court Registry has issued a notice on Saturday requesting Advocates-On-Record (AORs) to register themselves on the new Website of Supreme Court of India for accessing the case management system and for availing various facilities available in the programme, including e-filing.The notice reads as follows; “All Advocates-on-Record are to register themselves in the new Website of Supreme Court of India for accessing the case management system and for availing various facilities available in the programme. They may also updated their personal information sought, so that least inconvenience is caused to then on the reopening of the Court. They may also updated their personal information sought, so that least inconvenience is caused to then on the reopening of the Court”.The Advocates can register their names in E-Filing section in the new website (www.sci.gov.in)There is also a section for registering the ‘party-in-person’.In both sections, there are columns … [Read more...] about SC Asks AORs To Register For E-filing On New Website. Column For Aadhaar Too, Though Not Mandatory