Showing 41 posts by Nicholas M. Oertel.
Defensive Registration of .XXX Domain Names
Earlier this year, the Internet Corporation for Assigned Names and Numbers (ICANN), the body responsible for managing top-level domain name spaces (e.g., .com, .org, .edu and .gov), approved .xxx as a new top-level domain name space. .xxx top-level domain names are intended for adult content. However, as noted in a prior posting, the .xxx top-level domain could result in unwanted affiliation between your brand and the adult entertainment industry or create an opportunity for brandjackers to register "www.YourCompany.xxx." Read More ›
Categories: Domain Name Registration, Intellectual Property, Trademarks
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Intellectual Property: The Basics and Your Business
What is "intellectual property" and why should it matter to your business? At the most basic level, "intellectual property" is one of an organization's most valuable assets. Intellectual property frequently differentiates extraordinary companies from "average" organizations. For that reason, IP must be zealously protected. IP breaks down into four areas: patents, trademarks, copyrights, and trade secrets. Read More ›
Categories: Copyright, Intellectual Property, Patents, Trade Secrets, Trademarks
The Basics: Trademark Infringement
Trademark infringement is a reoccurring problem for many businesses. Recently, Apple, Inc. was denied an injunction prohibiting Amazon.com from using its mark: "App Store." Amazon.com utilized the name "Amazon Appstore for Android." Despite similarities between the parties' marks and services, the court found that a likelihood of confusion did not exist and Amazon.com did not infringe on Apple's mark.
With that in mind, let's take a look at the basic elements regarding trademark infringement. Read More ›
Categories: Trademarks
Trademark Infringement By A Competing Website? Take Action Now.
Recently, I received a phone call from a client asking for advice on a reoccurring issue. The client asked: “Do I have legal recourse against a competing website that is utilizing my trademark in its domain name?”
The short answer is yes, but let's look at the reasons why.
Simply put, a domain name is a Web site's unique address on the Internet. It can be used to identify organizations and other entities on the Web (e.g., http://www.nike.com/us/en_us/). Like any other advertising message, signage, or other communication, a domain name can infringe upon a trademark. However, a claim of trademark infringement involves more than simply proving that your trademark is being used in another’s domain name. Read More ›
Categories: Intellectual Property, Trademarks
Sales Tax And The Internet Marketplace
The applicability of sales tax in Internet transactions is in the spotlight and one of the most contentious issues in the state tax arena. With states strapped for cash, some legislatures are focusing on a perceived subsidy that benefits Internet retailers to the detriment of "brick-and-mortar" retailers. Case and point, when you travel to the mall and buy the latest Harry Potter book, sales tax will be charged. However, order that same book via an Internet retailer, such as Amazon.com, and no sales tax is charged. So what gives? Read More ›
Categories: Cloud Computing, Tax
Update: Debt Ceiling Debate Stalls Patent Reform in the U.S. Senate
As noted in a previous posting, on June 23, 2011, the America Invents Act (H.R. 1249) passed the U.S. House of Representatives. The U.S. Senate approved a similar bill in March (S. 23). However, since the bills were not identical, the issue of patent reform must go before the U.S. Senate again. But what are the chances of that happening anytime soon? Read More ›
Categories: Intellectual Property, Patents
.xxx Domain Names: Trademark Holders Beware!
The Internet Corporation for Assigned Names and Numbers (ICANN), the body responsible for managing top-level domain name spaces (e.g., .com, .org, .edu and .gov), recently approved .xxx as a new top-level domain name space. .xxx top-level domain names are intended for adult content. However, the .xxx top-level domain could result in an unwanted affiliation between your brand and the adult entertainment industry or create an opportunity for brandjackers and cybersquatters to register “YourCompany.xxx” in order to trade off your company’s brand or extract payments. Read More ›
Categories: Domain Name Registration, Trademarks
Juror's Undisclosed MySpace Friendship Secures New Trial for Convicted Felon
In West Virginia v. Dellinger, the West Virginia Supreme Court held that a juror's failure to disclose her MySpace "friendship" with the criminal defendant violated the defendant's constitutional right to a fair and impartial jury. In Dellinger, the defendant, a sheriff, was convicted of multiple felonies relating to the fraudulent administration of a grant program. The juror in question was a MySpace "friend" of the defendant and posted a message on the defendant's MySpace page one week before trial. During voir dire, the juror was asked whether she had any social relationship with the defendant. However, the juror did not acknowledge her MySpace "friendship," and the defendant did not realize that the juror and his MySpace "friend" were one in the same until after the trial. Read More ›
Categories: Social Media
The Taxation of Cloud Computing: Proposed Guidance
Cloud computing and its various delivery methods continue to grow at an impressive rate. A potent example of this growth is "software as a service," or SaaS, a product that allows consumers to access software remotely over the Internet for a fee. For example, Google Docs, Google’s “software as a service” office suite, allows users to create documents, presentations, and spreadsheets via software stored remotely on Google’s servers. Read More ›
Categories: Cloud Computing, Tax
DOJ Urges U.S. Supreme Court To Approve Warrantless GPS Tracking
The Fourth Amendment protects an individual from unreasonable searches and seizures. As it stands today, unless an individual has a reasonable expectation of privacy, local and federal law enforcement are not required to obtain a warrant prior to conducting a search. Does a person reasonably expect that law enforcement will attach a GPS tracking device to a vehicle to clandestinely monitor that person’s every movement? The Department of Justice (DOJ) thinks so. Read More ›
Categories: Privacy
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