A blog relating to Internet legal issues by Professor John Swinson, University of Queensland
Adsense HTML
IP Addresses
Domain Name - Use as a Trademark?
While it has been held that a domain name can in some circumstances constitute use of a trade mark (see Sports Warehouse v Fry at [146]-[156]), there was no evidence before the court to establish that, as at December 2006, the TENNIS WAREHOUSE mark had acquired a reputation through use of the domain names amongst any consumers or any significant section of the public."
See Fry Consulting Pty Ltd v Sports Warehouse Inc (No 2) [2012] FCA 81 (13 February 2012)
JotForm Shut Down by US Secret Service
Brand xxx marks dot danger
Speedo Shuts Down Blogger and Gets Domain Name
Seizure of Domain Names
In February the US Department of Homeland Security used this new act to seize 83 internet domains. The seizure involved re directing the DNS of that domain to a banner as shown here. One domain in particular was channelsurfing.net, this web site hosted links to other sites which hosted copyrighted material. The site operator Brian McCarthy is now facing court for Criminal Infringement of a Copyright.
As a part of this DNS seizure the DNS hosting provider FreeDNS was disabled. This caused the approximately 84,000 customers of FreeDNS to be redirected to the DHS 'banner', some of whom were not related to the original seizure at all (eg RapGodFathers.com)."
Compare the Australian case of
Cooper v Universal Music Australia Pty Ltd [2006] FCAFC 187
See also
http://news.cnet.com/8301-1023_3-20023918-93.html
http://act.demandprogress.org/sign/dhscomplaint/?source=front
Australian Domain Names
UDRP - Bad Faith Registration
Article on Domain Name Law
7s Domain Name Decision
Use of Domain Names is Passing Off - UK Decision
Domain name disputes and cyberquatting
What are the common elements of domain name dispute resolution process?
For a good overview of the Uniform Dispute Resolution Process (UDRP), and the factors relevant to each element, see the WIPO website.
The Australian Dispute Resolution Process for domain names (managed by auDA), can be found here.
What are the differences between these two policies.
We will be discussing some of the following cases, which would be good to review before class:
brisbane.com
q1resort.com
"sucks" cases - red bull and bakersdelightlies
personal names
Who should win in this case?
We will also discuss the proposal for new top level domains.
Meta-tags and Google Keywords - TM infringement
Domain Names
You may wish to have a look at the following:
FAQs
jackass.com
pig.com
RBCDainRauscher.com
sonypitcures.com
vanmorrison.com
Panel Views
See also, UDRP Commentaries
Letter to ICANN
Cybersquatting
WIPO has announced that companies and celebrities ranging from Arsenal football club to actress Scarlett Johansson filed a record number of "cybersquatting" cases in 2008 to stop others from profiting from their famous names, brands, and events. The most common business sector in which complaints arose was pharmaceuticals, due to Web sites offering sales of medicines with protected names.
xxx domain name controversy
Read more here.
Release of geographic names in com.au and net.au
names in com.au and net.au.
auDA has determined that the fairest and most effective way of releasing
the geographic names will be by way of individual ballots.
auDA intends to launch the ballot process in June 2005.
For more information please refer to the announcement at
http://www.auda.org.au/news.php?newsid=37
How should damages be assessed for privacy and cybersecurity breaches
Listen to this podcast where I discuss how damages should be assessed in privacy and cybersecurity lawsuits. The Lawyers Weekly Show host J...
-
The United Nations intellectual property agency (WIPO) is the latest front in the US-China trade war. http://www.theage.com.au/world/sad-am...
-
The issue of content regulation in China was mentioned in this blog last year . In the last few weeks, this issue has once again pushed into...
-
Finally, what is called direct registration of domain names is coming to Australia. See https://www.auda.org.au/statement/australias-interne...