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Archive for February, 2011

Trademarks are the name or symbol used to distinguish the services of one undertaking from others.

As with copyright and other signs of intellectual property rights, the impact of the brand is territorial. This means that each country has its own trademark system. A brand that could be held by Machine Head one person in the UK and another person, completely independent of the United States.

The Domain Name System, which is to put most of his attention. COM as the international field, not really jive well with the system marks due to the basic definition of that “property”.

For example, the Prince vs Prince suit. Prince, the American manufacturers of sports equipment, the use of the disputed domain name www.prince.com [http://www.prince.com] of a British computer consultant. This company is registered as a domain in good faith and has used it. The Prince sports goods company, which has no registered trademark in the United Kingdom, the British threatened to sue the trademark infringement in the United States. The latter counter-sued in the United Kingdom, unwarranted threats regarding trademark infringement. At the end he won and the U.S. had to deal with just using the domain name.

Alternatively, another scenario where the incumbent is likely to outweigh the rights of the holder of the domain name in the case of Marks & Spencer vs One in a Million. This particular case was raised in the English High Court in 1997 when the owners of different brands, including the famous British retailer Marks & Spencer, sued One In A Million, a company that has raised a number of domain names well-known brands such as Sainsburys, Virgin, Marks & Spencer, and Cellnet. These domain names and others were purchased for the express purpose of reselling them to trademark owners. The High Court decided that one in a million will be forced to abandon their claim for domain names said. This decision was upheld by the Court of Appeal.

One company based in the Million argument was that the domain name registrations were first come, first served “basis, thus the brand owners have no rights to domain names.

Based on two actual court cases, we can build a clear picture of the relationship between trademarks and domain names.

In general, areas that have no brand meaning can be acquired by the entity which came first. The continued use of this brand name will not allow the holder to build a reputation in the name. When the situation is among the companies that have a legitimate right to the name, then, as the condition of most of the laws in most countries, the first person who registers will receive the field. However, a person enrolled in an area that is also a question of a brand that does not have rights is prohibited on the basis of the laws of most countries.

We are seeing more and more laws on the Internet in addition to books in different organizations in the United States. There are cyber laws FBI, FCC, SEC, Federal Trade Commission and many other places emerge. What is unfortunate is that most of these laws are intended to protect U.S. citizens, however, apply only to U.S. citizens. We theft identity laws, child pornography, spam, phishing and hacking laws, however, in reality, most of the criminals who specialize here are not U.S. citizens and not living in the United States.

Perhaps because many criminals on the Internet were started here, but not anymore, because the U.S. has to clean up his act. Now, these are criminals from other countries and the Internet knows no boundaries. They are hiding away from countries and host web sites away from cities, half of the world, and they prey on U.S. citizens. Our Cyber ??laws can not protect Americans in this case.

Then there are those pesky libel laws, which seem to be selectively applied as well. Even the government itself slander people on the Internet accusing them of things they do, or a good part of the case before trial for their own aggrandizement. It seems that in future all these issues have been addressed by any of the other wise men of cyber laws, which are never going to stop the implementation of the crime. Think about all this in 2006

And so it happened. Has taken all precautions: an update to its software, a firewall installed, check the Internet habits of his son, and not opening unknown emails. However, despite their efforts, someone in your house fell for the phishing scam. Or click the link wrong. Or talking to the wrong person. And now there’s a problem to solve, and that goes beyond an infected computer.

If you or someone in your family has been the victim of cyber crime, if the crime involves identity theft, fraud, online application, or harassment, you can be sure what to do next. Did you call the police? The ISP? Your email client? According to the Federal Bureau of Investigation (FBI), most experts agree that implementation of most computer crimes are not reported, allowing the authors to follow to carry out their crimes and victimize others. The FBI, in cooperation with the National White Collar Crime, has helped create an online source of help, the Internet Crime Complaint Center (ICCC), where users can submit their complaints for all types of online crime . After each complaint is reviewed and evaluated, the organization refers to law enforcement or regulatory agency having appropriate jurisdiction. The site receives about 18,000 complaints a month.

According to the CCIC, Internet crime is defined as “any type of illegal activity involving one or more of the Internet, including Web pages, discussion groups and / or e-mail. Cybercrime of using the Internet to communicate false or fraudulent representations to consumers. ” This includes pre-payment systems, supply goods or services, computer hacking, or employment / business opportunity schemes. If an appeal urgent or time-sensitive information, such as online gambling, the organization should contact local authorities before submitting a complaint online.

The filing of a complaint, ICCC will ask you to provide your name, address and phone number and name, address, telephone number and Web address of the alleged offender, or group you are reporting. A special report on the event are also needed, and any other pertinent information you believe to be necessary to support the complaint. Even if the CICC will not collect evidence relating to the complaints, the organization should keep the screen may need to share the authorities referred to in your case