The E-Commerce and Tech Law Blog is a forum for practitioners
and Bloomberg BNA editors to share ideas, raise issues, and network with
colleagues on news, hot topics, and trends affecting e-commerce and technology
law and regulations.
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.
ICANN Reader: IANA Transition Away from U.S. Draws Widespread Concern
Cyberlaw Review 2014: ICANN's New Top-Level Domains
Cyberlaw Review 2014: Cloud Computing, Consumer Protection, Computer Crime, Data Breaches
Cyberlaw Review 2014: Internet Governance
Cyberlaw Review 2014: Digital Copyright, Digital Divide, Domain Name Disputes, Trademarks, Entrepreneurship, Intermediary Liability, and Internet Freedom
Freedom of Speech
Freedom of Religion
Search and Seizure
Cruel and Unusual Punishment
Securities Class Actions
Church and State