Intellectual Property Law in Cyberspace, Third Edition, with 2018 Supplement

This intriguing treatise covers legal issues at the interface of IP and the Internet, including global top-level domains and new registration options, protecting trademark and domain registrations, online gaming, and the application of traditional IP legal concepts to email, hyperlinking, virtual property, and spamming.

Meet The Author

David A. Einhorn


Stay current on IP law within the shifting frontiers of the Internet

Thoroughly revised for its Third Edition, this valuable treatise provides guidance on IP law issues arising within the shifting frontiers of the internet from a variety of perspectives, addressing trademark, copyright, patent, and trade secret issues. Topics covered include: online navigation tools, posting and using online materials, protecting website elements, and issues arising from conducting business online, as well as the application of traditional IP legal concepts to email, online navigation tools, consumer protection, and virtual property.

The Third Edition adds the following:

  • The shift from United States control over domain name issues to the global multi-stakeholder community

  • ICANN’s roll-out of the new Generic Top Level Domains (“gTLD’s”)

  • Latest developments in the battle between Amazon and the governments of Brazil and Peru regarding the AMAZON gTLD

  • Exploration of the application of copyright law to social media and virtual reality

  • A fresh look at the anti-circumvention provisions of the DMCA, with analysis of the latest cases

  • Recent cases on the controversial issue of “initial interest confusion”

  • New cases on what constitutes “use in commerce” on web pages

  • And much more

Supplement Information

The 2018 Supplement adds the following: 

  • Updated discussion of the Supreme Court’s rulings in SAS Institute Inc. v. Iancu and Oil States Energy v. Greene’s Energy Group and their impact on the PTAB

  • The Federal Circuit held in In re Brunetti that the ban on immoral or scandalous trademark registrations violated the First Amendment
  • The Federal Circuit in Oracle Am., Inc. v. Google LLC held that Google’s use of Oracle’s API packages was not a fair use, after analyzing the four factors of the fare use test, and remanding the case for a trial on damage

  • Coverage of the impact of the European GDPR on WHOIS data

  • A new topic addressing online gambling cases looks at recent decisions in the Fourth and Ninth Circuits

  • In Oracle USA, Inc. v. Rimini St., Inc. the Ninth Circuit held that taking data using a method prohibited by the applicable terms of use, when the taking itself generally is permitted, does not violate the California Computer Data Access and Fraud Act

  • The Second Circuit concluded there was a plausible market for the challenged use of copyrighted content in its recent Fox News Network, LLC V. TVEyes, Inc., and held that TVEyes could not archive, download, and email to others ten-minute clips of Fox’s proprietary content

  • In a new section addressing 17 U.S.C. §512(m), the Ninth Circuit held that screening out child pornography and bestiality doesn’t deprive a website of safe harbor protection

  • A new section addresses architectural plans and access, including in Design Basics v. Lexington Homes, Inc., in which the Seventh Circuit addressed whether the existence of publicly available copyrighted materials on the Internet, by itself, justifies an inference that an alleged infringer accessed those materials

  • In Louis Vuitton Malletier, S.A. v. My Other Bag, Inc., the Southern District of New York declined to award attorneys’ fees and costs under the Lanham Act to a successful defendant, even where the court had granted summary judgment dismissing the plaintiff’s claims

  • A new section addresses combosquatting, a new type of cybersquatting, involving the registration of a domain name that combines a popular trademark with a string of words or phrases to create a new expression that surrounds familiar trademarks

  • An Illinois Appeals court held in Bankers Life and Casualty Company v. American Senior Benefits that, in managing covenants not to compete, merely sending requests to connect on professional networking websites does not constitute inducement or solicitation

  • Discussion analyzing the Federal Judicial Center’s report Trade Secret Seizure Best Practices Under the Defend Trade Secrets Act of 2016


Summary of Contents

Part I. Intellectual Property Implications of Using Online Navigating Tools

Chapter 1. Search Engines

Chapter 2. Links and Frames

Chapter 3. Web Crawlers

Part II. Posting and Using Materials Online

Chapter 4. Using and Protecting Copyrighted Works in an Online and Mobile World

Chapter 5. The Digital Millennium Copyright Act and Its Effect on Copyright Owners and Service Providers Online

Chapter 6. What May Be Protected by Copyright: Unique and Specific Applications of Copyright Law Online

Part III. Protecting the Key Elements of a Website

Chapter 7. Unique Online Trademark Issues

Chapter 8. Domain Name Registration, Maintenance, and Protection

Chapter 9. Protection of Content in the Online Environment

Chapter 10. Patents and the Internet

Part IV. Issues Arising from Conducting Business Online

Chapter 11. Trade Secrets Online

Chapter 12. Personal Jurisdiction and the Internet

Chapter 13. Intellectual Property Issues Raised by Email

Chapter 14. The Law of Virtual Property

Table of Cases





Contributing chapter authors are members of AIPLA.
The American Intellectual Property Law Association, founded in 1897, is a national bar association constituted primarily of  lawyers in private and corporate practice, in government service, and in the academic  community. It represents a wide and diverse spectrum of individuals, companies, and institutions involved directly or indirectly in the practice of patent, trademark, copyright, trade secret, and unfair competition law, as well as other fields of law affecting intellectual property. Its members represent both owners and users of intellectual property. For more information, visit

David A. Einhorn is a partner with Scarinci Hollenbeck, New York, NY, where his practice focuses on intellectual property litigation and portfolio management; cybersquatting; commercial real estate litigation; international domain name arbitration; and insurance coverage matters.

Contributing chapter authors are members of AIPLA.


View full tables of contents and read the book’s preface or introduction.