Domain Name Rights Coalition

Is the pendulum swinging back in the appropriate direction? Are domain names used for Free Speech actually being left with their registrants? Hopefully, this trend will continue.

Criticism of Trademark Owner Deemed Legitimate Interest under ICANN UDRP: "BioCryst Pharmaceuticals, Inc., of Birmingham, Alabama, challenged registration of domain name www.biocrystpharmaceuticals.com. Respondent used domain name to criticize the Complainant's business (BioCryst Pharmaceuticals, Inc. v. Kumar Patel, Case No. D2005-0674). Panelist Daniel Gervais denied relief, stating..."

(Via CircleID.)

Posted by mikki at 04:22 PM | Permalink

Jerry Falwell Critic Can Keep Domain Name, Appeals Court Says: "I want to call your attention to a very important Internet free speech decision, perhaps the most significant of our domain name cases from the past several years. In Lamparello v. Falwell, the United States Court of Appeals for the Fourth Circuit held today that the use of the domain name www.fallwell.com for a web site devoted to denouncing the views of Rev. Jerry Falwell about homosexuality neither infringes Falwell's trademark in his name nor constitutes 'cybersquatting.'"

(Via CircleID.)

Posted by mikki at 04:19 PM | Permalink

Federal Appeals Court Affirms E-Mail Privacy Protection: "A Federal Appeals Court on Thursday reversed a troubling ruling that prevented the Justice Department from prosecuting an e-mail service provider who allegedly intercepted and read his customers' messages. In the case of United States v. Councilman, the full First Circuit Court of Appeals ruled 5-2 to reverse the opinion of a three-judge panel that Bradford Councilman did not violate the law by allegedly copying and reading his customers' e-mail. The ruling sends an important message that e-mail is subject to protection, both against government wiretapping without a warrant and against misuse by service providers."

(Via Center for Democracy and Technology.)

Posted by mikki at 12:17 PM | Permalink

FCC Extends Wiretap Rules To Broadband Internet Services: "The Federal Communications Commission ruled August 5 that broadband Internet access and 'interconnected VoIP' services must be designed to make government wiretapping easier, under the terms of the 1994 Communications Assistance for Law Enforcement Act (CALEA). CDT believes the decision exceeds the terms of the statute. The ruling imposes undue burdens on innovation and threatens the privacy of Internet users. CDT is considering a court challenge."

(Via Center for Democracy and Technology.)

Posted by mikki at 12:19 PM | Permalink | Comments (0)

Important Extraterritorial Lanham Act Case: "

A non-U.S. website must have a substantial effect on U.S. commerce before the court can exercise subject matter jurisdiction. Cecil McBee v. Delica, No-04-2733 (1st Cir August 2, 2005) (mere accessibility of Japanese clothing company's website using CECIL McBEE in U.S., does not establish substantial effect on U.S. commerce, without more).

Lower court decision in McBee case discussed here.

Something to think about: consider this holding in view of the broad definition of U.S. commerce in the Casino du Monte Carlo case.

Hat tip to Pamela for the link.

(Via The Trademark Blog.)

Posted by mikki at 05:10 PM | Permalink

When the Defendant is a Domain Name: The Power of In Rem Proceedings Under the ACPA: "A recent decision by a federal court in Virginia illustrates some interesting legal issues that arise from the global nature of the domain name system. It also highlights a powerful mechanism under the Anticybersquatting Consumer Protection Act ('ACPA') by which a plaintiff can proceed with a legal action to recover a domain name without regard to the court's personal jurisdiction over the registrant."

(Via CircleID.)

Posted by mikki at 05:08 PM | Permalink