Tuesday is Constituency Day and Music Night. My Tuesday began bright and early with a breakfast for the Commercial Stakeholder Group (CSG) with the GAC. This was our chance to rub shoulders with the government reps. I sat next to the rep from Nigeria and discussed the role of the GAC in the ICANN policy process. We both seemed to think that the GAC should be more closely involved, which would avoid the "parallel tracks" that seem to occur, including with the IOC/RCRC WG. Another highlight - we were actually in a room with windows. Of course, we had the morning sun, so we baked quite nicely.
Constituency Day then moved on to the CSG meeting. The CSG includes the Commercial and Business Users Constituency (CBUC), the Internet Service and Connectivity Provider Constituency (ISCPC), as well as the Intellectual Property Committee (IPC). We are the regular business users of the Internet - those that are not "contracted parties" with ICANN. We heard from several other ICANN groups. Of greatest concern was the presentation from the Security and Stability Advisory Committee (SSAC) - the "name clash" issue has the capacity to compromise the security and performance of thousands of private networks worldwide. This was reported in such a deadpan tone that Mikey O'Connor of the ISCPC pointed out (in an even more deadpan tone), something like: "So, what you are saying is, my house is burning down, my children are inside, there's gasoline in the garage, and there are no fire trucks in the neighborhood."
To view our previous update from Monday, please visit:
https://www.adlawbyrequest.com/2013/07/articles/icann/dispatch-from-durban-3-welcome-back-my-friends-to-the-show-that-never-ends/… Continue Reading
ICANN 47 kicked off this morning and I have now seen ICANN in all its glory. 1800 delegates, 92 countries. Some participants in African traditional dress; almost everyone else in business casual. The day began with the formal Opening Ceremony and President’s Opening Session. I wish I could tell you it began with the release … Continue Reading
My Sunday started bright and early, with a 7:30 breakfast meeting between the Commercial Stakeholder Group and the GNSO members on the ICANN Board. After admiring the sunrise over the Indian Ocean, I grabbed the shuttle bus for a brief ride over to the land of windowless rooms.
At breakfasts, several concerns were raised. One of these was the "name clash" issue: internal networks (such as most businesses employ) have long used internal top level domains (such as . mail and .corp, among others) for technical purposes. Since these top level domains didn't exist in the "outside world" this raised no issues. Now that these domains have been applied for, they will exist "outside." As a result, an Internet user typing in yourname.mail could find themselves in your private network (and while your network might be secured, what if our Internet user is up to no good?). Conversely, your internal network could experience problems where the same domain name exists inside and outside. The extent of this problem is unknown and has only recently been considered. It appears that the risky top level domains could be delayed while this is worked out, but that is far from certain. Also discussed was the heavy funding in the ICANN Budget for "engagement," (i.e., P.R. and outreach) while compliance appears to get short shrift. Of course, compliance is not sexy or revenue-producing, but without enough "police on the streets" the new gTLD program could be even more dangerous in practice than it appears to be on paper...… Continue Reading
Driving in to Durban from the airport this morning, I caught my first glimpse of the Indian Ocean: endless, exotic, deep, and full of mystery, it stretched to the blue horizon. While the Indian Ocean is more beautiful, it seems like ICANN 47 will be just as endless, exotic, and deep. Only time will tell what ICANN 47 is full of.
Although ICANN 47 does not officially start until Monday, the weekend features a number of working meetings of various ICANN groups, and is the unofficial beginning of each ICANN meeting. I spent my day in the meeting of the GNSO Council. The GNSO (Generic Names Supporting Organization) is a multistakeholder group tasked with developing policy recommendations for the gTLD (generic Top Level Domain) system - the domains we know and love (like .com, .net and .biz) and the domains yet to come (like .wtf, .sucks and .cool). The GNSO Council consists of representatives from each of the stakeholder groups that make up the GNSO.… Continue Reading
Jersey Shore star, Mike "The Situation" Sorrentino, lost his lawsuit last week against Abercrombie & Fitch ("A&F") when a Florida federal judge ruled the case could not proceed to trial based on his trademark infringement, publicity rights, and false advertising claims related to a t-shirt the retail store sold labeled "The Fitchuation."… Continue Reading
This post was written by Marc S. Kaufman. The White House announced several legislative recommendations and Executive Actions relating to patent enforcement. The primary objectives are to make it more difficult to enforce patents and less difficult to challenge patents. The actions are intended to address the “drain on the American economy” caused by patent … Continue Reading
The next time you watch Mad Men, you may find yourself paying a little closer attention to the opening credits. Last week, Lions Gate Entertainment Corporation was sued by a model from the 1950s and 1960s who is alleging the company violated her publicity and privacy rights by using a photograph from her in the show's opening credits without her permission.… Continue Reading
Car-Freshener Corporation and Julius Samann Ltd. ("JSL"), the companies behind the iconic LITTLE TREE air fresheners, recently filed a trademark infringement lawsuit against WPP's Grey Global Group Inc. ("Grey"). The action stems from a 2011 ad campaign in which Grey worked with Another Dancing Bear Productions ("ADBP") and Scent USA to develop car air fresheners for BMW's line of certified pre-owned vehicles. In particular, Car-Freshener Corp. and JSL allege that the BMW air fresheners, which contain an evergreen logo, are confusingly similar to their own trademarked tree logo.… Continue Reading
In a decision of 5 September 2012, the 2nd US Circuit Court of Appeals in New York ruled that the red soles used in Christian Louboutin’s shoes were a “distinctive symbol that qualifies for trade mark protection” and therefore a valid and enforceable trademark. As background to the case, Louboutin had seen red and sued … Continue Reading
To go along with .com, .net, and the other current top-level domains (“TLD’s”), the formation of a new .xxx TLD has been approved for websites related to the adult entertainment industry. Since the .xxx TLD is intended only for adult entertainment industry websites, applicants who want to set up .xxx domains will need to certify that … Continue Reading
On August 25, 2011, Facebook and Lamebook, a self-described “fun humor blog” which highlights funny, absurd and “lame” things people post on Facebook, settled their trademark dispute. The dispute began in early 2010 with Facebook sending Lamebook a cease-and-desist letter to change its name and stop using the Lamebook mark. After months of discussions between the parties, … Continue Reading
On September 14, the European Court of Justice rejected an appeal by Danish toy company Lego against a ruling by the Court of First Instance in 2008. Lego had previously sought to register its iconic 3-D studded brick as a trade mark. The 3-D studded brick featured prominently in Santander’s UK rebranding television campaign which … Continue Reading
Google’s new trademark policy comes into play from the 14th September 2010 in UK, Ireland and Canada, and effectively most of Europe. The change has been received with differing views. One view is that it will ultimately result in a better surfing experience for users; the other is that it is nothing other than a ruse … Continue Reading
At the end of July, Intercontinental Brands ("ICB") lost their appeal against the High Court ruling that their "VODKAT" brand was being passed off as genuine vodka. In an important case, which will have an effect on advertisers’ choices for product names, the court held that makers of vodka, such as Diageo, were entitled to protect the … Continue Reading
Last week the Chancery Division dealt a blow to Specsavers when judgment was given in its trade mark infringement claim against Asda. Keen-eyed observers will also see that Specsavers were represented by the aptly named Adrian Speck. Asda ran an in-store advertising campaign for its optician’s services which featured a logo containing two ovals along … Continue Reading
Following the ruling of the European Court of Justice (ECJ) on Google’s Adwords policy in the Louis Vuitton case, which we wrote about in March, a new decision dealing with the problems associated with AdWords was handed down yesterday in the case Portakabin Ltd v Primakabin BV, Case C-558/08. Portakabin build and supply mobile buildings and own the … Continue Reading
Google is celebrating yet another significant litigation victory today, after a federal judge in New York ruled in favour of Google in the $1 billion claim made against them by Viacom. This follows Google’s recent victory in March this year in the case brought by Louis Vuitton about AdWords (see our Ad Guide). Viacom sued Google in 2006, after its … Continue Reading
A recent, and somewhat surprising, Australian case has highlighted the risk for advertising agencies when preparing advertising copy. In Budget Eyewear v Specsavers  FCA 507, the Australian Federal Court granted an interlocutory injunction stopping Specsavers from running an ad campaign in which the words used were extremely similar to wording used in a campaign … Continue Reading
Official sponsors of the World Cup call foul as yet another brand owner successfully pulls off an ambush marketing stunt. This week two Dutch women were arrested for organising 36 girls to appear scantily clad in orange to promote the Dutch brewery, Bavaria. Perhaps the brewery were hoping of a repeat of four years ago at the … Continue Reading
In an extraordinarily frank judgment on 21 May 2010, Lord Justice Jacob handed down the Court of Appeal’s (CA) final decision in the case L’Oreal SA v Bellure NV  EWCA Civ 535, following last summer’s response by the European Court of Justice (ECJ) to a number of trademark questions referred to it by the … Continue Reading
This post was written by Andrés Grunewaldt. On the World Intellectual Property day, we want to share the following information with you: After a long and intense congressional debate that began in 2007, the Chilean government has announced the promulgation of a law amending important and sensitive subjects covered in our current Intellectual Property Law No. … Continue Reading
Facebook announced last week the availability of a personalized Facebook URLs for individual profiles, e.g., www.facebook.com/[your name]. As discussed in our June 12 Client Alert, “Just When You Thought You Were Too Old for Facebook,” this latest offering from Facebook raises serious issues—issues that are typically encountered when technology collides with traditional intellectual property laws … Continue Reading
Earlier today, you may have received numerous memos from law firms and bloggers anxious to respond to the announcement by Facebook that Facebook is allowing trademark owners to notify Facebook of their IP rights through use of a special electronic form. The purpose is to allow trademark owners to record their IP rights in advance of … Continue Reading
This post was written by Avv. Felix Hofer. 1. When I came around ‘game advertising’ for the first time my attitude as a lawyer, not necessarily familiar with what I – snobbishly – considered as basically being “kid’s or nerds’ stuff”, was obviously extremely skeptic. Running more and more frequently into articles published on the topic, … Continue Reading