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January 23, 2009
by Thomas O'Toole
No news here, but I find fascinating, in 2009, trademark attorneys' and courts' abiding interest in meta tags. The following passage comes from China International Travel Services Inc. v. China & Asia Travel Services Inc., No. 08-1293 (N.D. Cal., Dec. 18, 2008), a trademark case in which the court enjoined the defendant from:
January 13, 2009
A UDRP panel's finding that a trademark owner has engaged in reverse domain name hijacking (ICANN-speak for using the UDRP in a bad faith attempt to deprive a registered domain-name holder of a domain name) is pretty much worthless. I think you get a piece of paper, suitable for framing. As it turns out, a claim for attempted reverse domain name hijacking--the unsuccessful attempt to use the UDRP to in a bad faith attempt to acquire a registered domain name--is worth even less. Frayne v. Chicago 2016 Corp., No. 08-5290 (N.D. Ill. Jan. 8, 2009). It's worth nothing. The court dismissed the claim, which arose from the plaintiff's unsubstantiated assertion that, merely by filing a UDRP claim disputing the plaintiff's registration of , the defendants had attempted to reverse-hijack the domain, allegedly in violation of 15 U.S.C. 1114(2)(D).
January 12, 2009
This is likely more in the nature of "news to me" than "news." I learned, or at least I think I learned, that most of the many state data breach notification laws don't reach a common source of privacy violations: personal information snatched by dumpster divers. In Pinero v. Jackson Hewitt Tax Service Inc., decided last week, the court turned back a claim under Louisiana's data security breach notification law, because the mishandled personal information was recorded on paper -- not in electronic form. The records at issue were the plaintiff's tax returns which, along with those belonging to 100 other Jackson Hewitt customers, were found unshredded in a public dumpster.
Ninth Circuit Vacates Fair Use Finding in Righthaven Case
The Nation's First Privacy Goalie
Cyberlaw Predictions: Competition, Trademarks, Online Contracts
Georgia Bill Would Regulate Online Self-Help Publishers
Race Toward New gTLDs Finish Line Sparks Debate on ICANN's Policy Methods