New opportunities for owners of generic domain names

Much to the chagrin of companies which have built a brand based on a name plus the top level domain .com, like booking.com or cars.com, the US Patent and Trademark Office has long denied applications for trademark based on those domain names. The Supreme Court changed that last week with a ruling which states thatContinue reading “New opportunities for owners of generic domain names”

Why Section 230 really matters to business

Protection doesn’t have to be attractive to be effective. There’s a lot of discussion in the US political arena about Section 230 of the Communications Decency Act (CDA). Much of it is, frankly, wrong, but I’m not here today to tell you about why I think that to be the case. I do want toContinue reading “Why Section 230 really matters to business”

Think you can’t be sued in the US?

“I’m telling you Dad, you shouldn’t use AWS for your new website.”It should come as no surprise that the internet has thrown old rules of jurisdiction (a fancy word for where a lawsuit can successfully be brought) into question. Courts are – somewhat understandably – hard put to determine when businesses from far-flung countries shouldContinue reading “Think you can’t be sued in the US?”

Is your website ready for prime time?

Time to get to work!Since we’re all at home trying to figure out how to make money while away from the office or, even worse, bricks-and-mortar store, this is a good time to think about updating your website. Many businesses with an online component are holding on pretty well under the circumstances, and some areContinue reading “Is your website ready for prime time?”

Drafting a Temporary Work From Home Policy

There are many differences between the working-from-home which is required during a health emergency and normal telecommuting. For most companies which are not virtual, the telecommuting policy is intended for folks who want (or at least expect) to work at home and who are presumably properly equipped to do so. Those policies are also underpinnedContinue reading “Drafting a Temporary Work From Home Policy”

I’m sorry, we’re all working from home now?

So, depending on where you are, a week or two ago you sent everyone home with a pat on the back and instructions on how to work remotely, and a lot of hopes for a speedy return. Some of you were pretty well prepared, since you already have some telecommuters or maybe you are alreadyContinue reading “I’m sorry, we’re all working from home now?”

No more DIY in the US for Foreign Trademark Registration

Courtesy of our friend David Copland, a trademark lawyer based in Dresden, Germany: Amendments to the Trademark Rules of Practice published in the U.S. Federal Register of July 2, 2019 require as of August 3, 2019 all foreign trademark applicants, registrants, and parties to a TTAB proceeding are required to use a U.S.-licensed attorney forContinue reading “No more DIY in the US for Foreign Trademark Registration”

DMCA – After the counternotice

Sometimes throwing down the gauntlet does more harm than good Once the counter notice is sent things get tricky – many customers think that, having sent the counter notice, the materials can be returned to the website immediately, but that’s not true. The materials must remain offline for ten days after receipt of a validContinue reading “DMCA – After the counternotice”

DMCA – I’ve sent a notice, so now what?

Once you’ve sent your DMCA takedown notice, the host will likely do one of three things: Ignore the notice Ask for additional information or for missing wording Forward the notice to the customer and request that the materials be removed The first option, ignoring the notice, is typically a bad idea for hosts given theContinue reading “DMCA – I’ve sent a notice, so now what?”

DMCA – A few things to remember

In the last post, I told you how to prepare a DMCA Takedown notice, but I also mentioned a few caveats. Some of those are: As I’ve said before, make sure you have all of the elements of the notice. It’s really not that hard. In a similar vein, don’t lard up the notice withContinue reading “DMCA – A few things to remember”