In the recent decision of Tartell v South Florida Sinus and Allergy Center et al (11th Circuit 2015)(Available Here), the Court reversed the district court’s decision in favor of Dr. Paul Tartell. This case stemmed from an apparent aggrieved set of doctors (Dr. Paul Tartell and … [Read more...] about Doctor Cybersquatting Dispute: Evidence Required For Proving Up Secondary Meaning in a Name
Facebook Wins Millions From Defaulted Cybersquatting Defendant
A U.S. District Court recommended awarding Facebook $2.8 million in damages for a cybersquatting lawsuit. Facebook, Inc. v. Banana Ads LLC, et al., Case No. CV 11-03619 (N.D. Ca. April 30, 2013) (available here). The Judge, ruling in FaceBook’s (“FB”) favor on FB’s motion for … [Read more...] about Facebook Wins Millions From Defaulted Cybersquatting Defendant
Quickly Correcting Anti-Cybersquatting Violation after Demand Avoids Monetary Damages and Injunctive Relief
The 11th Circuit Court of Appeals, in Pensacola Motor Sales Inc. v. Eastern Shore Toyota, LLC, --- F.3d ----, 2012 WL 2345117 (11th Cir.) (Available here), upheld a district court’s finding that defendant Eastern Shore had both a subjective belief and an objectively reasonable … [Read more...] about Quickly Correcting Anti-Cybersquatting Violation after Demand Avoids Monetary Damages and Injunctive Relief
ACPA Action Finds That Affordable House Not So Affordable to Designers and Architects
The Anticybersquatting Consumer Protection Act (“ACPA”) enables a trademark owner to sue and retrieve an Internet domain from a defendant - cybersquatter under certain conditions. This case is a good example of the importance of obtaining a federal trademark registration to … [Read more...] about ACPA Action Finds That Affordable House Not So Affordable to Designers and Architects
Primer on the Legal Aspects of Website Contracts – An Outline for Lawyers
With respect to web site development, maintenance and contract terms, the following topics are relevant to our client’s web-based businesses.A. Domain Names: Trademark Search - clearance for domain names Trademark Registration (Federal) to guarantee domain name ownership and … [Read more...] about Primer on the Legal Aspects of Website Contracts – An Outline for Lawyers