Reverse Domain Name Hijacking Lawsuit Dismissed in USA

An interesting legal decision regarding the domain name pocketbook.com was handed down by a United States district judge this month.  The case arose out of this NAF UDRP decision from 2019 that decided for the domain name owner:  https://www.adrforum.com/DomainDecisions/1857174.htm

The court reviewed the Anticybersquatting Consumer Protection Act (ACPA) prohibits reverse
domain name hijacking, which occurs when “overreaching trademark owners” interfere with a
domain name registrant’s lawful use of a domain name. 

The court decided that the requirement that the domain name “has been suspended, disabled, or transferred” does not include temporary suspension during the pendency of a UDRP case.

See decision here https://domainnamewire.com/wp-content/pocketbook.pdf  and case note here.

Internet Law cases - top 10?

A United States digital contracting company (Ironclad) has listed what it considers to be the top 10 major internet law cases since 2000.   Being U.S. centric, they have only listed U.S. decisions.  Strange, as one key feature of the Internet is that it is global, and is helping break down borders.  My guess is that Ironclad is not interested in expanding its business outside of the U.S.

In any event, here is their U.S. centric list.

Blocking Bad Websites at the ISP

It is hard to have a bad website taken down.  In Australia, if the bad website is involved in copyright infringement, it is possible to have all Australian ISPs block the bad website, in effect making it disappear from the Internet as far as Australians are concerned.

That happened in recent Federal Court case, brought against Telstra and every other ISP in Australia, by a company that appears to operate a website for escort services.  Someone hacked their website and made copies of it.  The Federal Court blocked the copycat websites, using Section 115A of the Copyright Act.

See Gardner Industries Pty Ltd as trustee for the S M Gardner Family Trust v Telstra Corporation Limited [2021] FCA 294 (25 March 2021) (Greenwood J)

Using Covid registration data for marketing is alleged privacy breach

It was only a matter of time.  The restaurant chain Wagamama has been reported to the UK Information Commissioner’s Office (ICO) for allegedly using contact details provided for Covid track and trace to send surveys to customers.

See The Times

User Generated Content

An interesting story from England.  A hotel fined a guest for a bad review on TripAdvisor.

See Couple Fined by Hotel for Bad Review

See also this article, that mentions some lawsuits regarding user generated content

Lawsuit over bad Yelp review

See this story regarding a lawsuit by a builder against his customer who posted a bad review on Yelp.

The article includes the following:

For a while, online reviewers have been free to say whatever they like about businesses without much in the way of fact-checking by the review websites that host their comments.

And because review sites like TripAdvisor, Yelp and Angie’s List often refuse to remove negative reviews without a court injunction, many businesses resort to responding to reviewers personally through the sites.

But others, like Deitz, have decided to cut out the middle man and lawyer up — no doubt because sites like Yelp are exerting increasing influence over consumers' buying decisions, from which plumber to hire to fix a leaky toilet to which spa to patronise to get a massage.

Thanks to their efforts, anonymity as an online reviewer may be a thing of the past.

In a major win for business owners in the US, a Virginia appeals court ruled earlier this month that Yelp must reveal the identities of seven users who wrote negative reviews of a local carpet cleaning business.

In that case, the customers weren't actually patrons of the shop, business owner claimed, which made their reviews false statements rather than opinions protected by the First Amendment. Yelp wasn't happy about the ruling, but they forked over the names anyway.

Communications Law to be Reviewed

Two top Democratic legislators said Monday that they would begin a process to modernize telecommunications laws that were last overhauled in 1996 but barely mention the Internet.

NY Times

Google Counter-sues regarding AdWords

This recent article is worth reading, as it relates to Google, trademark issues and also jurisdiction issues:

Google Countersues Haircutter Company That Brought On AdWords Lawsuit

http://techcrunch.com/2010/02/20/google-flowbee/

Updated Internet Law Website

I have updated the class Internet Law website.

It is now located at www.cyberspac.com

There is a list of useful Internet law links here.

Also, as an experiment, have a look at:
www.ecyberspac.com

Internet Law Bookstore

I created an Internet Law Bookstore using Amazon technology. It took only 5 minutes to set up. Have a look at http://astore.amazon.com/weclosedit. This shows how easy it is to set up an e-commerce website these days.

The Law of Google

These are my notes for class for Tuesday, 3 March 2009. The class is "The law of Google".

1. The breadth of Google.

Search
www.google.com
www.google.com.au
www.google.co.uk
www.google.ca
www.google.de
www.google.com.br
www.google.com.bd
www.igoogle.com
News
Images
Blogs
Maps
Videos
Books
Scholarly Papers
Finance
Custom Search, example: Leading Australian Law Firms
Syndicated Search and example
Directory
Products
Google Base

Search tricks and tips
Internal search
Site Search
Site Map

Other Google Stuff
Toolbar
Google Accounts
Web History
Gmail
Photos: Picasa and Picasa Web
Chrome Browser
Blogger
Groups
Reader
Notebook
Calendar
Docs
Talk
YouTube

More information: Wikipedia
How Google Works
Google Sitemap

2. AdWords and AdSense: Google Advertising

A. Do these searches on Google, Australian Google and UK Google and compare results:

• Noosa
• Hilton
  
• Q1
• cheap accomodation queensland
  
• flowers paddington
• the tallest building in brisbane is
• DSL-G604T
• Sony
• Harvey World Travel
• Harvey World Travel Insurance
  

B. AdSense

Look at the Google Ads on these websites:

• NY Times
• Van Gogh Gallery
• Brisbane Apartments and Reviews
  
• Cyberlaw and Policy and example article
• This Blog (look top right --->
  

More information on Adsense

C. Google Trends and Google Analytics

D. AdWords

• create Ad
• select Keywords, budget and display location
• people then click on your Ad.
  

Terms: pay-per-click (PPC); cost-per-click (CPC); cost-per-impression (CPM); click through rate (CTR)

KeyWord Tool and Tool

More information: Google Learning Centre

E. Other types of Google advertising
Maps

F. Problems & Issues

(a) Pay Per Click Websites

Look at these websites:

• lawyers.com.au
• Red Balloons
• Brisbane.com
• boq.com
  

(What is legitimate? See RealSpanking and Jackass and UStream)

(b) Click Fraud
What percentage of click are fraudulent? See this story and here too.
Clickfraud is old news: Crack-down

(c) Trade Mark Issues
Google Procedure
ACCC Lawsuit: See here and here and here and here (Google filed its defence on 17 November 2008.)
RescueCom Lawsuit
French Lawsuit
Geico Lawsuit and settlement

More information
Google Business Solutions

3. Legal issues and lawsuits

Book Search Lawsuit and here
Caching & Copyright: see here and here and here

Also, see older posts in this blog, such as this post from 2006.