BLAW 430 Lecture Notes - Lecture 14: Commercial Speech, Uniform Domain-Name Dispute-Resolution Policy, Cybersquatting
Document Summary
Protects against consumer confusion regarding the source of the goods or services. Defenses: fair use (including parody, non-commerical use, news reporting and commenting. Remedies: preliminary permanent injunction, defendants profits, actual damages, attorneys fees, destruction of offending items. Cybersquatting : a user registers a well-known mark as their domain name. Peta. com originally bought as people eating tasty animals. The prob is that now people shifted to anticipatory cybersquatting : registering marks. Typopiracy : taking advantage of common typographic errors to direct to another that are not well known but are expected one day to have value website. Icann - entity that manages domain names in the united states uniform domain name dispute resolution policy (udrp): provides an arbitration-type dispute resolution procedure. Commercial speech: expression that is related to the economic interests of the speaker and its audience. The most common form of commercial speech is advertisement. No protection: obscenity, misleading speech, until 1970s, commercial speech.
