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Archive : January 2009

January 23, 2009

Trademarks and Meta Tags: Very Superstitious

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

No Justice for Victim of Attempted Reverse Domain Name Hijacking

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

Many State Data Breach Laws Don't Protect Paper Records

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.