Vol. 1, No. 8

Blog Posts

Playboy, Netscape and Excite Back to Court on Keying Case

By Lauren Gelman on February 10, 2004 at 4:14 pm

The United States District Court for the 9th Circuit has reversed and remanded the summary judgment granted by the district court to Netscape Communications (Netscape) and Excite in a case of “keying” brought against them by Playboy Enterprises (Playboy). Both defendants were found to have infringed and diluted Payboy’s “Playboy” and “Playmate” registered trademarks.

Pop-up Advertisement Vendor WhenU.Com Enjoined

By Lauren Gelman on February 10, 2004 at 4:11 pm

Contact lens vendor 1-800 Contacts was granted a preliminary injunction against pop-up advertisement vendor WhenU.com and competing lens merchant Vision Direct on December 22, 2003, in the Southern District of New York. Vision Direct had contracted with WhenU.com to display windows with competing advertisements to users visiting the 1-800 Contacts web site. Although the advertisements were not authorized by 1-800 Contacts, the plaintiff presented data that showed that users believed the pop-ups to be part of the main website.

ARGOS Survives Dismissal Motions in Cybersquatting Suit

By Lauren Gelman on February 10, 2004 at 3:54 pm

ARGOS is a corporation organized under French law—“[i]t is a non-profit organization that functions to promote and facilitate applied research in spinal surgery.” ARGOS alleges to have used the name “ARGOS” since 1996, and it operates the www.argos-europe.com website to provide information globally about spinal surgery. Orthotec, LLC is incorporated in Delaware but has its principal place of business in California. It markets and sells spinal surgery products.

Second Circuit Upholds Preliminary Injunction Barring Query and Use of WHOIS Information in Register.com v. Verio

By Lauren Gelman on February 10, 2004 at 3:50 pm

Register was appointed by ICANN to serve as one of more than fifty companies that issue domain names for websites. In addition, it sells its own web-related services. Domain name registrants must submit to Register contact information including at least a name, postal address, email address, and telephone number. This so-called “WHOIS information” must be maintained and made freely available for public query by Register, according to ICANN terms.

Vol. 1, No. 8

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