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01 August 2017

EFF highlights “trademark bullying” evasion tactics as debate over new gTLD policing heats up

The Electronic Frontier Foundation (EFF) and Public Knowledge have published a report advising domain name registrants that, in a bid to “minimise exposure to trademark bullying”, they should avoid registering domains in the new gTLD environment. While counsel may object to the ‘bullying’ label being extended to legitimate enforcement efforts, the report could have a positive payback for policing strategies.

24 July 2017

Penalty against Overstock’s false advertising affirmed on appeal

The California Court of Appeal has upheld the trial court’s ruling in the 2013 case The People v Overstock, in which the district attorney offices of a number of counties in California alleged unfair business practices and false advertising by Overstock.Com, Inc. The claims stemmed from Overstock’s comparative price advertising on its website product pages.

19 June 2017

Amazon not liable for infringement by third-party sellers

The Federal Circuit in Milo & Gabby LLC v Amazon.com, Inc has upheld a district court’s decision that Amazon was not liable for infringement by third-party sellers offering knock-off products through Amazon’s online marketplace, even where the third-party sellers use Amazon’s fulfilment services to deliver the product to the ultimate customer.

18 May 2017

Navigating changes in the internet landscape and staying ahead of the curve

The transition of the IANA functions from the US government to ICANN triggered a comprehensive review of many of ICANN’s services. While these do not have a serious impact on the everyday use of the Internet, they do have consequences for the services available to brand owners to combat counterfeiting and cybersquatting.

29 March 2017

Anti-social media: new horizons in brand-based fraud

Trademark infringement is cycling through social media at alarming rates, with infringers using these platforms to legitimise sophisticated schemes. Whether the objective relates to cybersecurity, counterfeiting, passing off, unfair competition or something else, many schemes have one component in common: the use of trademarks to secure consumer confidence.

29 March 2017

Balancing efficiency, expertise and protection: the trademark ecosystem

The number of trademark applications is rising each year as a result of the ease of reaching consumers through the Internet and the globalisation of markets. While some regions (eg, China) are registering more marks than others, this increase is a worldwide trend.

01 March 2017

United States: Could Trump rewind the transfer of the IANA function?

Donald Trump was a vocal critic of the transfer of internet governance functions to ICANN in September 2016. What action is he likely to take now that he is president?

07 February 2017

Mobile apps help to make the commercial world go round – bad actors slow the process

Mobile commerce accounted for 40% of online commerce on a worldwide basis in 2015, according to a report published by Flurry, an analytics blog produced by Yahoo!. As apps continue to pop up in a variety of app stores available across mobile platforms, there are more and more opportunities for fake apps to try to divert business from legitimate companies.

07 February 2017

Alternative strategies for fighting counterfeits online

Faced with the continually expanding sale of counterfeit products online, more than ever, brand owners need to adapt and explore new and different ways to disrupt counterfeiters and make it harder and more expensive for them to succeed.

07 February 2017

New trends in online counterfeiting require updated enforcement policies

It is old news that counterfeiting is a vast, successful and global business which increasingly operates online. As the Office of the US Trade Representative’s 2016 Special 301 Report noted, online sales of counterfeit goods have the potential to surpass the volume of sales through traditional channels such as street vendors and other physical markets. What is new is the more recent significant shift in the practice of online counterfeiters.

02 February 2017

Amid hopes of a more pro-IP White House, CADNA re-enters the trademark policy fray

The Coalition Against Domain Name Abuse (CADNA) – the lobby group that was at the forefront of advocating for trademark owner interests in the run up to the new gTLDs programme – is again pushing for amendments to US anti-cybersquatting laws in light of the country’s new Republican-dominated government.

08 December 2016

Health insurance giant reveals why cybersecurity response planning is critical to retain brand value after hack

A legal representative from one of the largest health insurance companies in the United States has claimed that it is “no longer if, but when” a company will face a hacking incident. At INTA's Digital World Conference, Heather C Steinmeyer, managing associate general counsel at Anthem Inc, went on to reveal that responding to a cyber-breach effectively is the only way to ensure brand value is not significantly affected long term.

22 November 2016

Media brands can’t rely on Facebook and Google to fight the reputational risks posed by fake news

There have been growing calls in recent weeks for Facebook and Google to tackle content published by fake news websites. This follows accusations that both provided a platform for the sharing and promotion of misinformation during the recent US election. What is being less discussed is the responsibility that major media companies have to stop such sites – specifically those that use the branding of popular news outlets as a way to add legitimacy to their hoax articles.

08 November 2016

How domain squatters targeted candidates during the 2016 US election

New research from The Coalition Against Domain Name Abuse has revealed the extent of identity squatting targeting this year’s presidential election candidates, as well as members of the US Congress and Senate.

01 November 2016

Access denied: an international perspective on ISP blocking injunctions

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex