My Interview On CNN International re Domain Names
With the World Series a close second, my interview on CNN International regarding domain names was certainly the most compelling television last night.
« September 2009 | Main | November 2009 »
October 30, 2009
New gTLDs Delayed, Perhaps to Fall 2010 (Dog Bites Man)
The ICANN Board passed a bunch of resolutions Friday morning in Seoul. Internalized domain names will be fast-tracked, new generic top level domains will be slow tracked. Applications for new gTLDs will only be accepted after (and depending upon) (1) more economic analysis as to whether new gTLDs are a good thing or not; (2) more analysis as to the cumulative effect of new IDNs and other implementations on the scalability of the DNS; (3) more consideration of trademark protection; and (4) the appointment of the evaluators of the gTLD application process. So expect a fourth version of the draft Applicant Guidebook. I'm predicting fall of 2010 now as the opening date for filing applications.
October 27, 2009
ICANN Contract Compliance Statistics
Source: ICANN contract compliance team (which enforces the accrediation contact between a registrar and ICANN):
For January to October 2009:
9 terminations of registrars
7 (contested) non-renewals of registrars
184 breach notices transmitted
4,290 enforcement actions
9,304 consumer complaints processed
October 26, 2009
This Is Why I Don't Do The ICANN Reading For The First Two Years Of A Process
I'm here in Seoul at the ICANN meeting. The third version of the Draft Applicant Guidebook to the new TLDs is out.
As to timing, the initial word is that the process will be kicked even further into the future. ICANN suggested in the opening remarks that the application process itself, intially scheduled for early 2010, may not even start until 2011. There are TLD start-ups out there carrying heavy salary loads and they were not happy to hear this. Of course if the delay is only until September 2010, that may seem like a relief.
Also, there is the issue as to 'dot brands,' TLDs consisting of a brand owned by that brand, such as .NIKE or .AMAZON (I'm using those as examples of famous brands, not because I have any reason to believe that those particular companies want those particular TLDs). It has been an assumption that TLD applications would be judged on various technical criteria but the judging would be 'content-neutral' (within reason).
Well, the word on the street is that two ICANN board members stated publicly on Sunday that they are opposed to dot brands and will work to reject such applications.
It's not clear to what extent they can bring that about - but ICANN may wish to clarify this issue before the Fortune 100 each pay $185k in fees to ICANN for dot brands.
Of one thing I am certain - I am glad I did not devote psychic energy to this process two years ago.
The Seoul meeting can be tracked and followed remotely here.
October 21, 2009
There Is A Scam (Still) Going Around In Which Law Firms Are Being Targeted
A approaches a law firm and says that they've negotiated a settlement in principle with B, and can the law firm please eyeball the final agreement. The settlement will be about $280k and you can keep $5k for 1 or 2 hours of work. A is to be paid by wire upon receipt of a certified check from B made out to the law firm. The certified check arrives and the law firm deposits it. The scam depends on the hope that the firm will mistakenly think that a certified check is like depositing cash, and will therefore immediately wire the balance to A. However, the certified check is forged.
Note: This scam is going on presently, while this post from the North Carolina Bar Association indicates that it has been around since at least May 2008 (and is of course a variation of the 'classic' bank frauds). The post contains practice pointers and red flags.
October 19, 2009
I'm Going To Seoul For the ICANN Meeting
If you're going and want to meet up, drop a line. If you want to chat about the new gTLD process when I get back, that's good too.
October 17, 2009
Verizon v AT&T re Best 3G Network
Action for declaratory judgment that Verizon Wireless's advertising claims of having "America's Most Reliable 3G Network."
October 15, 2009
What Once Was Dilution Is Now The Theme Song
Once Mattel sought to enjoin the "Barbie Girl" song as dilutive, and now they've licensed it.
Is Your NBA Client's Name On This List?
Chirs Bosh won a cyber-squatting suit and was awarded defendant's portfolio of domain names. Bosh is now giving the names away to their rightful owners. Check for your name on the list lined to in the article.
Question For Discussion: The Ralph Lauren DMCA As Object Lesson
Ralph Lauren ran a photo of a model that seems obviously re-touched (the photo, not the model). A website ran the photo in order to ridicule it. Ralph Lauren sent a DMCA letter to the site and another which reported on the photo. The website re-printed the photo and the DMCA letter. Sites like mine re-printed the photo and reported on the controversy. Ralph Lauren released a statement that the image was 'mistakenly released' and was 'inconsistent with our creative standards and brand values.' Then it was reported that the model was fired for being too fat.
Discuss.
October 11, 2009
Who Owns the TAVERN ON THE GREEN Trademark?
This article says that New York City claims that it does. Meanwhile the operators of the predcessors of the now-bankrupt restauarnt are the title owner of incontestable registration no. 1154270 (good job of reporting there guys). I see why the City would want the name - they own the land and a future leasee would certainly want the option of naming the new restaurant Tavern on the Green. There must be forty years worth of leases covering the parties' rights.
I did a search of EMINENT DOMAIN TRADEMARK and came up with this and this.
Some sort of sovereign immunity to Section 15, perhaps?
Generic term for taverns on greens?
UPDATE: I note that hte registration is in the name of Tavern on the Green LP. Articles indentify the bankrupt operator as Tavern on the Green LLC. These articles identify the LeRoy family as having control over the restaurant through a series of entities.
October 08, 2009
99 Problems And Counterfeits Is One Of Them
A John Doe complaint filed by LiveNation, licensee for Jay Z, in anticipation of a Jay Z concert in Massachusetts.
UPDATE: In the comment below a reader asks: Does the law really permit the filing of such a speculative case, against unknown persons for conjectural future alleged infringement?
And the answer is: the law permits the filing of a case against describable but presently unknown persons for anticipated describable future infringement, of a type where a law enforcement officer can make an on-the-scene determination that something is very likely an infringement.
A policy rationale for a John Doe seizure is that without on-the-spot seizure, the TM owner will suffer irreparable harm, as immediately following the event, the defendant and their proceeds will vanish, thus making an after-the-fact lawsuit purposeless. John Doe seizures are granted usually in connection with short-lived events such as sporting championships or concerts, where unincorporated, premise-less entities possessing small inventories (also known as kids holding duffel bags of shirts) are likely to offer counterfeit merchandise. The seizure order should contain sufficient specificity such that a marshall can make a determination whether a shirt constitutes a counterfeit, with a high degree of accuracy (for example, does the shirt bear the registered logo of the band, or not?). A court may blue-pencil plaintiff's requested parameters of the seizure with regard to what constitutes plaintiff's marks, vicinity and timing of permitted seizures. Bear in mind that if the seizure turns out to be unlawful, the vendor should be able to seek compensation from the plaintiff.
October 06, 2009
This Photo Was Reportedly The Subject of a DMCA Notice
A website named Photoshop Disasters reproduced a Ralph Lauren magazine ad. Boing Boing ran the photo. Ralph Lauren's attorneys sent a DMCA notice. Boing Boing reported on the letter and ran the photo again, and Chilling Effects reproduced the DMCA letter as well.
Maybe the model is really skinny, maybe it's the angle, maybe it's photoshopped. Also, the photo is of the magazine page itself, which seems to be curved toward the viewer, which may make her look thinner.
p.s. Boing Boing's ISP is apparently in Canada.
Statutory Defense re BIG BOY? (Rimshot)
Charleston, West Virginia, was the home of Alex Schoenbaum, founder of the SHONEY's chain, which had been a BIG BOY franchisee. Charleston put up a statue honering 'Shoney' with Big Boy on the top. Big Boy International reportedly protested on trademark grounds. This article quotes me to the extent that if the statue was put up by the town to honor one of its citizens, then it's likely not use of a trademark in commerce.
Law school fact pattern: What if the community put up the statue on public land across the street from a Shoney's? And Shoney's contributed the money to pay for the statue? And contributed the land?
Also: consider if the statue of a (possibly copyrighted) work was commissioned by the town? Or if purchased on the secondary market for Big Boy staues (which apparently exists).
Stuff I've Gotten Free Because I Blog
Let's see. Oxford Press sent me a review copy of Bill Patry's new book (I should get around to reading it). A law firm marketing company sent me a book about law firm marketing, then asked me to plug one of their seminars, which I didn't. MR HAPPY CRACK sent me a MR HAPPY CRACK mouse pad after I posted something about them. The YANKEE HATER guy sent me a YANKEE HATER hat after I posted something about him. I'm pretty sure that's it for free stuff in seven years of blogging, which is pathetic.
I get asked to post about various services with a stated or implied quid-for-quo, which I never agree to. I only plug blogs or services when nothing in return is offered (what is wrong with me). I don't accept advertising. It's not that I can't be bought, I just haven't received the right offer.
I do post items about clients or colleagues with whom I do business and don't always disclose the relationship, usually because I don't think I'm impliedly endorsing anyone or anything by reporting on something without comment.
Which brings me to today's topic: FTC to Rule Blogs Must Disclose Gifts or Pay For Reviews:
On Monday, the F.T.C. said it would revise rules about endorsements and testimonials in advertising that had been in place since 1980. The new regulations are aimed at the rapidly shifting new-media world and how advertisers are using bloggers and social media sites like Facebook and Twitter to pitch their wares.The F.T.C. said that beginning on Dec. 1, bloggers who review products must disclose any connection with advertisers, including, in most cases, the receipt of free products and whether or not they were paid in any way by advertisers, as occurs frequently. The new rules also take aim at celebrities, who will now need to disclose any ties to companies, should they promote products on a talk show or on Twitter.
October 05, 2009
What An Objectively Unreasonable Copyright Suit Looks Like
Plaintiff's suit re copyright infringement re novel and play with somewhat widely differing treatments of fictional trial of Judas, dismissed at summary judgment. Fees to be awarded to defendant as suit was held to be objectively unreasonable.
Apple v Woolworth re Apple Logos In Australia
Sydney Morning Herald: Apple claims Woolies is getting fresh with new logo:
WOOLWORTHS insists its new logo is a stylised W, or a piece of fresh produce; Apple thinks it is an apple, and the California-based technology company wants to stop Australia's largest retailer from using it.Apple has mounted a legal challenge to prevent Woolworths from using the logo that now adorns its trucks, stores and products, arguing it is too close to its own.
SPONGETECH Worthy?
SpongeTech Delivery Systems, a name familiar to those of you who follow the Mets from its sponge giveaway day, has sued another sponge company named SPONGETECH.
October 03, 2009
LOGORAMA, Animated Film Consisting of Logos
LOGORAMA, animated film composed of "corporate art" and logos. Background here.
October 01, 2009
Philadelphia Eagles Sue Radio Station For Ticket Giveaways
Radio station gives away Philadelphia Eagles tickets and mentions Eagles in on-air promotions, without authorization. It had also promised Eagles once before not to do this sort of thing. Eagles sue enforcing clauses on back of ticket contract, and on trademark.