Burger King has filed a trademark infringement lawsuit in Russia against a Moscow-based individual to recover the burgerking.su and burger-king.su domain names. Burger King also seeks 500,000 rubles in compensation for the unlawful registration of the domain names. This amount, which translates into approximately $16,000 US Dollars, is significantly lower than the potential remedies under United States law, specifically, the Anticybersquatting Consumer Protection Act (ACPA). In contrast the ACPA offers up to $100,000 in statutory damages plus costs and attorneys’ fees for cybersquatting.
The answer to this question is complex and nuanced. In the last decade or so, it has become fashionable to insist there is some stark dichotomy between what a trademark is and what a brand is. But the difference is not as stark as some marketers would like you to believe. The traditional definition of […]
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The Circle R and the TM symbols both relate to trademarks and both can be physically placed on products, packaging, advertising materials, websites, etc. The Circle R symbol is an “R” enclosed in a circle (®). While both are trademark-related symbols, there are different eligibility requirements for use, meanings, and implications. Here is a quick […]
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E-commerce businesses must comply with federal and State-level advertising laws and regulations. This is true of any business. But e-commerce businesses face special challenges because there is a whole array of potential methods of innocently, accidentally, or intentionally violating advertising laws. These include the potential to engage in false and deceptive advertising practices, such as […]
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