Posts made in December, 2013

Contributory Cybersquatting

Posted by on Dec 11, 2013

Does the Anticybersquatting Consumer Protection Act (ACPA) provide a basis of liability for a domain name registration service if one of its registrants is guilty of cybersquatting?  The United States Court of Appeals for the Ninth Circuit upheld the district court’s opinion that the ACPA does not provide for so-called contributory cybersquatting as a legal basis for liability. The dispute centered on a company known as Petroliam Nasional Berhad (“Petronas,”) a Malaysian petroleum company which owns the trademark “Petronas.”  Petroliam sued major internet domain name registration service provider for contributory cybersquatting because one of...

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Charbucks – Trademark Dilution?

Posted by on Dec 6, 2013

Is the use of the term “Charbucks” by a coffee company trademark dilution of the famous “Starbucks” coffee mark? The United States District Court for the Southern District of New York said that the use of “Charbucks Blend” and “Mister Charbucks” marks by Black Bear (a coffee company and micro roastery) had not been sufficiently proven by plaintiff Starbucks to be trademark dilution under the Lanham Act.  Plaintiff then appealed to the United States Court of Appeals for the Second Circuit. Trademark Dilution is addressed by the Lanham Act.  Condensing a somewhat complicated situation, during the pendency of various iterations of the lawsuit, Congress...

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