JYSK Bed'N Linen v. Dutta-Roy

The Anticybersquatting Consumer Protection Act, § 43(d) of the Lanham Act, 15 U.S.C. § 1125(d), provides: “A person shall be liable . . . by the owner of a mark . . . if . . . that person . . . has a bad faith intent to profit from that mark . . .; and . . . registers, traffics in, or uses a domain name that . . . is identical or confusingly similar to that mark.” Id. § 1125(d)(1)(A). In this case, the District Court granted Jysk Bed’N Linen an injunction requiring Monosij Dutta-Roy to transfer to Jysk four domain names he had registered in his own name. The court also granted Jysk’s motion for summary judgment on Dutta-Roy’s counterclaims. Dutta-Roy appeals these two decisions pursuant to 28 U.S.C. § 1291 as if, together, they constitute a final judgment in the case.  They do not because still pending resolution in the District Court are claims Jysk brought against Dutta-Roy under §§ 43(a) and (c) of the Lanham Act, 15 U.S.C. §§ 1125(a) and (c), and state law. Although we lack jurisdiction to entertain Dutta-Roy’s appeal under § 1291, we have jurisdiction under 28 U.S.C. § 1292(a)(1) to review the District Court’s injunction. 3 Exercising that jurisdiction, we find no merit in Dutta-Roy’s challenges to the injunction and therefore affirm.

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name.space, Inc. V. ICANN

The Internet Corporation for Assigned Names and Numbers (“ICANN”) creates and assigns top level domains (“TLDs”), such as “.com” and “.net.” In 2012, ICANN accepted applications for the creation of new TLDs. This suit alleges that the 2012 Application Round violated federal and California law. The district court dismissed the complaint, and we affirm

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Facebook asserts trademark on word "book" in new user agreement

By Jon Brodkin

Facebook is trying to expand its trademark rights over the word "book" by adding the claim to a newly revised version of its "Statement of Rights and Responsibilities," the agreement all users implicitly consent to by using or accessing Facebook.

You may recall that Facebook has launched multiple lawsuits against websites incorporating the word "book" into their names. Facebook, as far as we can tell, doesn't have a registered trademark on "book." But trademark rights can be asserted based on use of a term, even if the trademark isn't registered, and adding the claim to Facebook's user agreement could boost the company's standing in future lawsuits filed against sites that use the word.

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RIAA chief: ISPs to start policing copyright by July 12

Comcast, Time Warner and Verizon are among the ISPs preparing to implement a graduated response to piracy by July, says the music industry's chief lobbyist.

by Greg Sandoval

NEW YORK--The country's largest Internet service providers haven't given up on the idea of becoming copyright cops.

Last July, Comcast, Cablevision, Verizon, Time Warner Cable and other bandwidth providers announced that they had agreed to adopt policies designed to discourage customers from illegally downloading music, movies and software. Since then, the ISPs have been very quiet about their antipiracy measures.

But during a panel discussion before a gathering of U.S. publishers here today, Cary Sherman, CEO of the Recording Industry Association of America, said most of the participating ISPs are on track to begin implementing the program by July 12.

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How to Protect Your Business from a Rogue Employee

BY MIKAL E. BELICOVE

Days before Christmas, a New York glass installer who admitted he uploaded an unfinished copy of X-Men Origins: Wolverine to the Internet, received a one-year sentence in federal prison from a U.S. District Court judge who termed his actions "extremely serious."

It's a sad story for Gilbert Sanchez, the glass installer, but what, you ask, does this have to do with my company or start-up? Let's suppose for a moment that instead of installing glass, Sanchez worked for you and, rather than uploading the movie from his home, he did so using his work computer and your company's Internet connection. This circumstance may carry implications for businesses.

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Lawmakers Pushing Bill That Could Land YouTube Lip-Synch Artists Behind Bars

By Pete Griffin

Record labels are clamoring for a chance to have their artist lip-synch alongside 16-year-old YouTube sensation Keenan Cahill in, of all places, his bedroom. But could a proposed amendment to the federal copyright infringement law potentially land Cahill, or any person lip-synching copyrighted material in a YouTube video, behind bars?

Senate Bill 978, a bipartisan measure introduced last month by Sen. Amy Klobuchar (D-Minn.), Sen. John Cornyn (R-Texas) and Sen. Christopher Coons (D-Del.), is backed by supporters who say it closes glaring loopholes in current copyright infringement law created by the realities of the digital age.

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A Game Changer? Court Awards Trademark Holder $292K In Damages Against Advertiser On Google Keywords

2011 FEBRUARY 10

by MHB

Although several courts have held that Google is not liable for selling ads to a competitor under a trademarked keyword a Federal Court has just held the advertiser is liable for buying the ads.

A California federal district court has just held that a law firm specializing in disability law WAS liable under the Lanham Act for purchasing advertising on Google Adwords under a trademark, in this case, the law firm name “Binder & Binder” .

The case Binder v. Disability Group Inc., C.D. Cal., No. 07-2760, was decided on January 25, 2011.

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Narendra on being a Wildcat, The Social Network and his suit against Facebook

By Katherine Zhu

In The Social Network, Divya Narendra is that other guy — in cahoots with the “Winklevi twins” and Harvard Connection. At Northwestern, though, Narendra is a Kellogg JD-MBA student.

Seven years ago, Narendra conceived the idea for social network ConnectU with his roommates at Harvard. In 2004, the ConnectU trio — Narendra, Cameron Winklevoss and Tyler Winklevoss — sued Facebook founder Mark Zuckerberg, claiming he stole their idea and their source code. They settled in 2008 for a reported $65 million. The dispute flared up again in May 2010, as Narendra and the Winklevosses leveled allegations of securities fraud against Facebook. And the feud goes on.

We reached Narendra by email last week and chatted with him about his portrayal in The Social Network, his time at Northwestern so far and his dreams of becoming a rock star.

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Bill Would Give Justice Department Power to Shutter Piracy Sites Worldwide

By David Kravets

Lawmakers introduced legislation Monday that would let the Justice Department seek U.S. court orders against piracy websites anywhere in the world, and shut them down through the sites’ domain registration.

The bipartisan legislation, dubbed the Combating Online Infringement and Counterfeits Act, amounts to the Holy Grail of intellectual-property enforcement. The recording industry and movie studios have been clamoring for such a capability since the George W. Bush administration. If passed, the Justice Department could ask a federal court for an injunction that would order a U.S. domain registrar or registry to stop resolving an infringing site’s domain name, so that visitors to PirateBay.org, for example, would an error.

“In today’s global economy the internet has become the glue of international commerce –- connecting consumers with a wide array of products and services worldwide,” said Sen. Orin Hatch (R-Utah) in a statement announcing the bill. “But it’s also become a tool for online thieves to sell counterfeit and pirated goods, making hundreds of millions of dollars off of stolen American intellectual property.”

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Copyright office leader balks at Google deal

WASHINGTON - The head of the U.S. Copyright Office has serious concerns with a class-action settlement that would grant Google the digital rights to millions of books that are no longer being published.

Marybeth Peters, the Register of the Copyright Office, told a congressional committee Thursday that she believes parts of the proposed settlement are "fundamentally at odds with the law." She also warned the House Judiciary Committee that the agreement would jeopardize Congress' ability to govern book copyrights.

The copyright office's misgivings are just the latest doubts being cast about the legality of a settlement Google reached with U.S. authors and publishers 10 months ago.

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