Author Archives: Eric Misterovich

UDRP Element 3: Bad Faith In case you missed it, we provided a general overview of the UDRP process here, and a more in-depth look at the first and second element of the UDRP. This post, however, delves deeper into the third element of the UDRP test, whether the domain was registered in bad faith. […]

UDRP Element 2: Legitimate Rights Now that you have the first element of the UDRP analysis down, let’s talk more in depth about the second element and what a complainant will need to prove in a domain dispute. What is the process for establishing legitimate rights in a domain name? While the complainant has the […]

In case you missed it, we provided a general overview of the UDRP process here. This post, however, takes a closer look at the first element of the UDRP test, being what makes a mark identical or confusingly similar to a domain name? How can a mark holder prove the first element in the UDRP […]

As a website owner, you likely know—perhaps by experience—that anonymity on the Internet often leads to otherwise unacceptable behavior. But, what you may not know is that a Terms of Service agreement may give you legal recourse in stopping that behavior and laying out your expectations to your website users. What is a Terms of […]

If you have an online website or business, a privacy policy is a must. These legal notices generally outline how your website visitors’ personal information is used. For example, many websites collect IP addresses and later sell them to third parties. If you do not sell your information to a third-party, great! But, consumers want […]

As mentioned in Trade Dress Protection, when asserting trade dress infringement or unfair competition, the first prong of the three-prong test requires that the plaintiff show “the inherent distinctiveness or secondary meaning of its trade dress.” In Wal-Mart Stores Inc. v. Samara Brothers, Inc., the Supreme Court put to rest the issue of whether a […]

  We often receive questions about how to protect fashion designed. This article explain trade dress in fashion design and the roles it plays to protect certain items. In the absence of copyright protection for fashion designs in the United States due to the useful nature of designs, designers have turned to protection under trade […]

As mentioned in Trade Dress Protection, when asserting trade dress infringement or unfair competition, the second prong of the three-part test requires a showing of the nonfunctionality of its trade dress. Therefore, a trade dress cannot be afforded protection if it is functional. This post explains trade dress functionality and its interpretation throughout the federal […]

 As mentioned in our post on Trade Dress Protection, to prove trade dress infringement or assert unfair competition, the plaintiff must show: the inherent distinctiveness or secondary meaning of its trade dress, the essential nonfunctionality of its trade dress, and the likelihood of customer confusion as to its origin, sponsorship, or approval due to similarity […]

Historically, trade dress protection has been afforded to the packaging and labeling of goods, but recently, courts are extending trade dress protection to the “look and feel” websites. Continue reading for a summary of trade dress protection of a website. Material Under Copyright Protection Precludes Consideration as “Look and Feel” of Site The “look and […]