200911.16
0
0

A Potential New Defense Under UDRP

  The recent UDRP decision concerning “razorbacks.com” caught my eye due to a relatively comprehensive panel discussion on the issue of laches (pronounced: ˈla-chəz) under the UDRP. Laches in law is a defense that calls into question the complaining party’s good faith in bringing its complaint in a untimely manner. A defendant asserting laches argues…

200905.23
0
0

Eric Menhart Helps Win TCPA Appeal

  A recent decision by the District of Columbia Court of Appeals addressed whether a private right of action under the Telephone Consumer Protection Act (TCPA) required a separate act of enabling legislation. The Court found that private causes of action may be brought in the Washington D.C. Superior Court under the Act without the…

200812.01
0
0

Menhart Quoted on Internet Taxation

  CyberLaw P.C. attorney Eric Menhart was recently quoted in a Forbes.com article entitled “Web Sales Tax Looms.” The article discusses the potential for additional sales taxes on online transactions, particularly in light of dwindling state budgets. Menhart is the author of the article “Taxing the Internet: Analyzing the States’ Plan to Derive Online Sales…

200811.05
0
0

Google Withdraws from Deal with Yahoo

  In a move that should surprise no one, Google and Yahoo have “officially” abandoned their proposed Internet advertising partnership. The proposal was laughable from the start, but the two firms took the public stance that the arrangement could somehow have been “pro-competition.” Antitrust regulators were having none of it. As it became clear that…

200810.06
0
0

Google Delays Deal with Yahoo

  The joint advertising deal between Google and Yahoo, previously discussed in CyberLawg, is being delayed as the U.S. Department of Justice Antitrust Division continues its review. Both Yahoo and Google have correctly taken the “we’re happy to help and comply” public line. Still, there is no question that an antitrust review that needs more…

200809.22
0
0

Political Domain Name Infringement and Law

  As this election year heats up candidates in all types of political races are trying to reach likely voters at their doors, on their telephones and on the Internet. In this race for voters you might guess that a candidate’s domain name plays an important role in sharing his or her message with likely…

200809.04
0
0

Auctions to Determine New Top Domain Applicants

  Given that ICANN recently voted to expand the possibilities for gTLDs, the oversight organization must now deal with the logistics of selecting and assigning administrators for each of the soon to be available gTLDs. One issue is the possibility that two potential organizations may want to be responsible for allocating the same gTLD. For…

200808.18
0
0

Copyright Protection for Open Source Software

  The first federal court review of open source software licenses was recently undertaken by the U.S. Court of Appeals for the Federal Circuit. The decision, Jacobsen v. Katzer, No. 2008-1001, slip op. (Fed. Cir. Aug. 13, 2008), is important because it finds that infringers of open source licenses are subject to Copyright laws, as…