Reversing an earlier decision, a federal appeals court in California this week ruled that a company with a trademark does not necessarily have the right to prevent others from registering coincidental domain names.
Litigating In Rem Cybersquatting Cases Under The ACPA::
Proceeding in rem against a domain name registered by a person or entity later Although one court has stated that in rem cybersquatting claims do not require a
http://www.oblon.com/Pub/HudisACPAArticle.htmlHOME |
The decision stems from a lawsuit involving office supply company Avery Dennison Corp. and a Los Angeles businessman who registered "avery.net" and "dennison.net." Avery Dennison sued Jerry Sumpton and his company, FreeView Listings, claiming Sumpton was a cybersquatter -- someone who registers a domain name with the intent of selling it.
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ARGOS ::
complaint against Orthotec, LLC alleging cybersquatting in claim against Orthotec regardless of whether the PTO rules in its
http://www.ded.uscourts.gov/SLR/Opinions/Jan2004/03-0757.pdfHOME |
A three-member panel of the U.S. Ninth Circuit Court of Appeals ruled in favor of Sumpton, because Avery Dennison's trademarks are not "famous" enough to warrant exclusive use. It also said that "Avery" and "Dennison" are common last names for others to use.
Ryan Gile - Las Vegas Trademark Attorney - Vegas Trademark Attorney ::
case, then 3700 Associates will be hard pressed to maintain a cybersquatting in Florida or whether Griffin decides to pursue Rule 11 sanctions against 3700
http://www.vegastrademarkattorney.com/2007/12/reverse-cybersquatting-dark-side-of.htmlHOME |
Internet law - Evan Brown - Buying competitors trademark as AdWords ::
The court applied the test set forth in the recent case of Century 21 Real were merely generalized grievances against the defendants, insufficient to
http://blog.internetcases.com/2006/03HOME |
Experts say the ruling could set a precedent for the ongoing cybersquatting debate in the Senate and among industry players.
This is not the first such case for the California court, which ruled in April that a registered domain name must be providing goods and services in order for it to receive trademark protection.
Wendys Blog: Legal Tags WIPO Crowing Again About Cybersquatting::
issued a complaint against me for my domain, and the case is ridiculous: my site eBay Shines in Tiffany Trademark Fight. Privacy Falls into YouTubes
http://wendy.seltzer.org/blog/archives/2006/02/01/wipo_crowing_agabout_cybersquatting.htmlHOME |
Brookfield Communications, a movie industry vendor, sued video rental chain West Coast Entertainment for infringing on its trademarked software database by registering Moviebuff.com. The court said that Brookfield used the name in commerce first, and therefore was entitled to trademark protection online.
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