2H 2016 Quick Links, Part 3 (Trademarks and Domain Names)

3 01 2017


* Evoqua Water Technologies LLC v. M.W. Watermark LLC, 2016 WL 4727432 (W.D. Mich. Sept. 12, 2016)

* Board of Regents of the University of Houston System v. Houston College of Law, 2016 WL 6037243 (S.D. Tex. Oct. 14, 2016):

* Search Engine Land: Bidding on the competition: Is it really worth it? In many industries, competitive keyword advertising is a prisoner’s dilemma. The article’s suggestion to negotiate a cease-fire with competitors is a high-risk strategy. See FTC v. 1-800 Contacts.

* Cedar Valley Exteriors, Inc. v. Professional Exteriors, Inc., Case No. 13?CV?2537 (PJS/TNL) (D. Minn. June 29, 2016):

* IFS Financial Services v. Touchstone Financial of Midvale, 2016 WL 4750173 (D. Utah Sept. 12, 2016)

* Merriam Webster on why the word “skittles” is in the dictionary

* WSJ: Hopportunity Cost: Craft Brewers Brawl Over Catchy Names as Puns Run Dry

* Austin American-Statesman: UT to doughnut shop: Yeast and desist

* CNN: Iceland is suing a supermarket that’s using its name

* Shontavia Johnson, Trademark Territoriality in Cyberspace: an Internet Framework for Common-Law Trademarks, 29 Berkeley Tech. L.J. (2015). Related blog post.

Domain Names

* Doug Isenberg: What We Can Learn from URS Decisions (Hint: Not Much)

* The Register: Simply not credible: The extraordinary verdict against the body that hopes to run the internet. Independent review tears into ICANN board and staff.


The content in this post was found at http://blog.ericgoldman.org/archives/2016/12/2h-2016-quick-links-part-3-trademarks-and-domain-names.htm and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.

TP-Link forgets to register domain name, leaves config pages open to hijack

12 07 2016
In common with many other vendors, TP-Link, one of the world’s biggest sellers of Wi-Fi access points and home routers, has a domain name that owners of the hardware can use to quickly get to their router’s configuration page. Unlike most other vendors, however, it appears that TP-Link has failed to renew its registration for the domain, leaving it available for anyone to buy. Any owner of the domain could feasibly use it for fake administration pages to phish credentials or upload bogus firmware. This omission was spotted by Amitay Dan, CEO of Cybermoon, and posted to the Bugtraq mailing list last week.

Two domain names used by TP-Link appear to be affected. tplinklogin-dot-net was used, according to TP-Link, on devices sold until 2014.  . . .

Together, these domain names appear to be quite busy; estimates based on Alexa’s ranking suggest that tplinklogin-dot-net sees about 4.4 million visits per month, with another 800,000 for tplinkextender-dot-net.


The content in this post was found at http://arstechnica.com/security/2016/07/tp-link-forgets-to-register-domain-name-leaves-config-pages-open-to-hijack/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.

Michelin Domain Challenge

20 11 2015

Dear Rich: An Intellectual Property Blog

October 12, 2015

The Dear Rich Staff

Dear Rich: Two years ago, my mother received a medical diagnosis and was expected to live about nine months to a year. In order to pass the time, and take her mind off of things, she decided she wanted to eat at all the Michelin star restaurants in London and write a blog critiquing their vegetarian offerings. (My stepfather is vegetarian and she felt this would be a fun bucket list item, that would also help people). In order to help her with her project, I bought the domain “MeatFreeMichelin.com.” I was shocked when I received a communication from Michelin’s legal representative saying that I was running the site in bad faith (he’s basing this on the fact I didn’t respond to the email he sent – I didn’t see it because it went to junk mail) and has started proceedings to seize the domain. He also threatened I would have to pay attorney’s fees – all for a site that was put up for fun- with no commercial interest- that used very little other than the name. The site didn’t look anything like Michelin’s, no logo’s were used, we did not imply that we had any kind of sponsorship and my mother chose the Michelin name because that’s how she decided which restaurants. In other words there was little other way to identify them. We believe this was fair use. However, even though we believe we are right with the fair use part — and I have taken down the site as a precautionary measure — we are still getting communications from Michelin’s attorney who continues to ignore our repeated requests that he explain why this is not fair use.

The content in this post was found at http://dearrichblog.blogspot.com/2015/10/michelin-domain-challenge.html and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.

Walmart.horse is put out to pasture after retailer starts domain dispute

24 06 2015

[ed.: here, the big guy chills the little guy, even though the little guy would probably win]

Comic artist Jeph Jacques was so amused when the .horse top level domain was created he decided to make a new website: walmart.horse. The site portrayed an unexplainably funny picture of a horse in front of a Walmart store (above).

Walmart didn’t get the joke. In March, they sent Jacques a cease-and-desist letter telling him that the site infringed their trademark. Jacques responded, saying his site was fair use because the horsey site was an “obvious parody.” If Walmart had other animals it wanted to add to the website, he added cheekily, “I would happily comply!”

Two months later, Walmart had enough of this horsing around. The company didn’t drop the issue, instead filing papers with the World Intellectual Property Organization (WIPO) and initiating a domain name dispute. It’s a procedure that’s meant to knock out cybersquatters.


The content in this post was found at http://arstechnica.com/tech-policy/2015/05/walmart-horse-is-put-out-to-pasture-after-retailer-starts-domain-dispute/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.

Trademark lawyer to 3-man startup: Hand over your domain—or else

22 06 2015

Today is the deadline for Erik Dykema to decide whether or not he will fight for his company’s name.

Dykema and two co-founders created CaseRails more than two years ago. The Manhattan-based startup has just three people, all focused on creating and managing legal documents.

Two weeks ago, CaseRails started ramping up its marketing, increasing its advertising, and e-mailing attorneys who might be interested in its product. Not long after that outreach, Dykema got a phone call from Sanford Asman, a trademark lawyer who says his rights are being infringed by CaseRails.


The content in this post was found at http://arstechnica.com/tech-policy/2015/05/trademark-lawyer-to-3-man-startup-hand-over-your-domain-or-else/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.