ICANN Reveals Applied-For gTLD Strings

June 13 marked “Reveal Day” — the day on which the Internet Corporation for Assigned Names and Numbers (“ICANN”) released the list of applied-for generic top-level domains (“gTLD”).  These new gTLDs, which follow the “.” in a domain name, expand the number of available options beyond the familiar “.com,” “.org,”  “.edu,” and other existing gTLDs.  According to ICANN, the expansion of top-level domains name options will increase competition and choice for the Internet’s addressing system.  A full list of the applied-for gTLD strings is available here. Trademark owners should be aware of the new gTLD regime and of the pending   Read More »

Posted in Internet and Domain Name Litigation, Trademark Litigation

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District of Arizona Rejects Early Discovery to Learn Identities of Many Doe Defendants

The movie and recording industries often resort to litigation in an effort to combat unauthorized distribution of copyrighted content on peer-to-peer networks.  A federal district court in the District of Arizona has joined an increasing number of courts that reject efforts to group large numbers of unrelated defendants in a single case.  In Third Degree Films, Inc. v. Does 1-131, No. 12-108-PHX-JAT, 2012 U.S. Dist. LEXIS 26617 (D. Ariz. Mar. 1, 2012), the Court rejected the attempt by a copyright holder to obtain discovery to learn the identities of 131 defendants joined in a single case.  The plaintiff, who owns   Read More »

Posted in Copyright Litigation, Internet and Domain Name Litigation

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Supreme Court Denies Certiorari in Expansive Ninth Circuit Personal Jurisdiction Case

Last summer, we reported that the Ninth Circuit expanded the “effects test” of personal jurisdiction against foreign copyright infringers in Mavrix Photo v. Brand Technologies.  As we noted then, the Mavrix Photo decision represented an expansion of the Ninth Circuit’s (seemingly ever-changing) willingness to permit its district courts to exercise jurisdiction over out-of-state defendants, holding that an Ohio-based celebrity gossip website is subject to personal jurisdiction in California by virtue of that website’s “exploitation of the California market for its own commercial gain.” This month, the Supreme Court denied the defendants’ petition for certiorari, leaving the Ninth Circuit’s ruling in   Read More »

Posted in Internet and Domain Name Litigation

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Ninth Circuit Bolsters Internet Service Providers’ Defense Against Copyright Infringement Claims

The Ninth Circuit recently bolstered the legal defenses available to Internet service providers in copyright infringement claims based upon users loading copyrighted material on the service provider’s website, in UMG Recordings, Inc. v. Shelter Capital Partners LLC, No. 09-55902, decided on December 20, 2011.  The court rejected the plaintiff’s argument that an Internet service provider is liable for copyright infringement if the service provider uses software processes on its website to facilitate access to the copyrighted material.  The plaintiff attempted to get the court to read the applicable provisions of the copyright statute to limit a statutory safe harbor provision   Read More »

Posted in Copyright Litigation, Internet and Domain Name Litigation, IP and Technology Litigation

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GoDaddy’s Forum Selection Clause Binds Domain Registrant In Third Party Lawsuit

A recent decision by the United States District Court for the District of Arizona held, albeit in a default context, that a domain registrar’s forum selection clause in its registration agreement bound the domain registrant not just in a dispute with the registrar, but with a third party.  In LimoStars, Inc. v. New Jersey Car and Limo, Inc., the domain registrar was GoDaddy, which designated Arizona in its forum selection clause, and the domain owner was a New Jersey corporation.  The Court held the New Jersey corporation subject to personal jurisdiction in Arizona in a trademark infringement action brought by   Read More »

Posted in Internet and Domain Name Litigation, Trademark Litigation | Tagged ,

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