German automaker Dr. Ing. h.c. F. Porsche AG (“Porsche”) has lost an attempt to stop Interactiv Corporation (“Interactiv”) of San Jose, California, from registering the domain . Porsche filed a Uniform Rapid Suspension (URS) claim against Interactiv in the National Arbitration Forum.
A URS claim requires a showing, by clear and convincing evidence, that: (a) the registered domain is identical or confusingly similar to a word mark; (b) the registrant has no legitimate right or interest to the domain; and (c) that the domain was registered or is being used in bad faith. The panel found that Porsche did not establish that Interactiv had no legitimate interest to the domain or that it was registered in bad faith:
“[Interactiv] states its intent is to create a free community to Porsche car enthusiasts and state a disclaimer on every webpage that [it] is not affiliated to or authorized by [Porsche]. The use of “.social” in the domain name [is] evidence of that intent.”
What is your organization’s domain name strategy? Does it include defensive registration to preclude third party registration and use of domains including your trademarks? Review the panel’s decision here. Contact Ossian Law regarding data privacy practices or any other information technology law questions.
UPCOMING PRESENTATIONS & WORKSHOPS
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OU Incubator Growing Your Business
Tips and Tools Series
Shotwell-Gustafson Pavilion
1 Golf View Lane, Rochester, MI 48309-4401
Social Media Legal Pitfalls
Thursday, September 18th, 9-10:30 a.m.
Use of social media can have legal consequences, both personally and professionally. Is your brand being “hijacked” on social media? Can an employee be fired because of a social media post? What does your favorite social media platform do with your personal information? Could social media be used as an alibi? Kathy Ossian will provide insight to these and other questions involving Social Media Law. To register for this free event, call (248) 648-4800.
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7th Annual Information Technology Law Seminar, Wednesday, September 24th, Inn at St. Johns, 44045 Five Mile Rd., Plymouth, MI
Update on the Computer Fraud & Abuse Act
— Kathy Ossian
Register at http://www.michbar.org/it/pdfs/Sept_Reg.pdf
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Ossian Law P.C. – Tuesday, September 30th 8:00-9:30 a.m.
Avoiding Technology-Aided SNAFUs
Continually evolving technology makes our lives easier. As more activities become Internet-enabled, the potential for mistakes also increases. Kathy Ossian will provide specific examples of technology-aided SNAFUs, including those involving using and managing social media, email, web sites, mobile apps and online accounts. Learn steps designed to avoid technology-aided blunders. Complimentary to Ossian Law clients; $25.00 general admission. Media passes also available. Continental breakfast is included. Space is limited. Register here today!
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OU Incubator Growing Your Business
Tips and Tools Series
Shotwell-Gustafson Pavilion
1 Golf View Lane, Rochester, MI 48309-4401
Defining the Legal Aspects of Mobile Apps
Tues., Oct 14th, 9-10:30 a.m.
Whether you’re an app designer, provider or user, the legal aspects of mobile app features and functions are important considerations. Are mobile payment transactions secure? Does your mobile app address customer’s privacy rights? Kathy Ossian will discuss these questions, the regulatory schemes and gaps, industry guidelines and best practices in the ever-changing app landscape. To register for this free event, call (248) 648-4800.
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Ossian Law P.C. – Wednesday, October 29th 8:00-9:30 a.m.
Contentious Clauses in Software Agreements
Regardless of how software is delivered – by download or a hosted solution, certain clauses are the subject of much negotiation – limitations of liability and damages, warranties, indemnification among them. Hear both sides of these contentious clauses as well as some negotiation tips. Complimentary to Ossian Law clients; $25.00 general admission. Media passes also available. Continental breakfast is included. Space is limited. Register here today!
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