Author Archives: Eric Misterovich

The National Arbitration Forum (NAF) recently ruled in favor of the domain name registrar easyDNS, protecting the ability of domain name owners to transfer their names from registrars “locking down” the names. Credit goes to easyDNS for its work summarizing the issue here. The case involved three domain names locked down by the Public Domain […]

Due to a recent decision by the Federal Court for the Northern District of California, protection for private information stored on a computer took a hit. The court ruled against the corporation NetApp, which alleged that a contracted third-party accessed its servers and stole trade secrets and then gave that information to one of NetApp’s […]

The United State Patent and Trademark Office (USPTO) allows individuals to register domain names as trademarks under certain circumstances. This can be valuable for online entities because while domain names are protected against theft and cybersquatting, a domain name that is a registered trademark would also receive powerful federal trademark protection. Generally, a domain name […]

When a domain name needs to be transferred from one registrar to another, problems can arise between registrars. ICANN, the global organization that “governs” internet identifier naming systems, has a policy for resolving domain transfer disputes between registrars. The procedures apply only after the registrars have made a good faith attempt to solve the problem on […]

The Anti-Cybersquatting Consumer Protection Act allows victims of cybersquatters to bring claims in federal court and recover damages. Plaintiffs must show, among other things, bad faith on the part of the cybersquatter to use Plaintiff’s mark in order to profit. Such a showing is even required in in rem cases where the defendant may not be […]

On February 26, 2015, the Federal Communications Commission voted to preempt state laws that restrict a municipality’s ability to expand outside its territory. This started when the City of Wilson, North Carolina and Chattanooga, Tennessee wanted to provide broadband service to residents of neighboring towns. They complained to the FCC that because of their state […]

When domain name owners are faced with litigating against an unknown cybersquatting defendant, the chances of recovery can seem low. However, due to the in rem provisions of the Anti-Cybersquatting Consumer Protection Act (ACPA), domain name owners have a powerful tool to protect their investments. In 1999, Congress passed the ACPA that established in rem jurisdiction […]

It is a common belief that obtaining a domain name insulates the owner from trademark infringement lawsuits. This is not true. For instance, acquiring AOL.net does not shield the owner from a trademark infringement lawsuit brought by American Online, as AOL is trademarked. In essence, federal trademark law trumps any granting of a domain name […]

In rem jurisdiction is the concept that a court can gain jurisdiction over a claim involving a piece of property within its jurisdiction even if the owner of the property is not domiciled in the court’s personal jurisdiction area. This idea is particularly relevant in the online space, as domain names are technically “physically” registered […]

We live in an intangible world. Our checks are directly deposited, we pay for goods with our phone, and our entertainment is available from anywhere with Wi-Fi. And while this is all extremely convenient, when digital assets go missing, we are left with a sense of hopelessness. This is especially true when Frozen has disappeared […]