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Internet Law Twists & Turns

Internet Law Twists & Turns

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Are headline and title writers getting too cocky about their IP rights?

Mark Sableman July 27, 2018
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Websites and publishers are chasing the perfectly crafted headline that you can’t help but click, share or buy. So inevitably, the question comes up: Can you protect your headline or title as intellectual property? READ MORE

WHOIS data still headed off the GDPR cliff

Mark Sableman April 26, 2018
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Despite efforts of the international domain name authority to save the WHOIS database, it still appears likely to black out after GDPR becomes effective. And the blackout could herald other changes for this often-used and essential database, including toll gates. READ MORE

WHOIS that infringer, and how do I find him after GDPR?

Mark Sableman April 2, 2018
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When a website infringed your trademark or copyright, or otherwise violated your rights, the first place you likely went was to the WHOIS database, to find out who owned and operated that website. That database has been a great tool for intellectual property owners, and others who have fought misuse of their rights on the Internet. But many parts of the WHOIS database are likely to slip out of public view. READ MORE

Duke, Hershey, and Winston: Who gets to trademark a famous name?

Mark Sableman August 5, 2014
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Common sense tells you that you can always use your own name. But under trademark law, that’s not always true. Three recent cases illustrate this conundrum, which plays a major role in many Internet marketing and domain name disputes. READ MORE

Redskins trademark case highlights value of linguistic analysis

Mark Sableman June 20, 2014
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We’re increasingly seeing linguists assist with the language and communication-based legal disputes of the information age. In fields like advertising, trademarks, and even business communications, linguistic analysis has often proven helpful, or even decisive. READ MORE

Retailers fail to derail ICANN’s ‘Express’ train to more top-level domains

Mark Sableman August 1, 2013
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The current explosive expansion in top-level domains will create new trademark conflicts, and possibly new twists in Internet trademark law, as two very recent cases involving the retailers Express and The Limited illustrate. READ MORE

Welcome to Internet Law Twists & Turns

Mark Sableman July 8, 2013
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Internet law is a lot like non-Internet law — but it usually involves some twist. In every field, there is usually some way in which, because of the Internet, traditional law doesn’t work, and a problem develops. READ MORE