Monthly Archives: June 2011

The Real Web 2.0? ICANN Approves New gTLD Rollout

After many years and despite ongoing criticism and concerns from governments and intellectual property interests, the ICANN Board voted yesterday to approve the launch of the new gTLD program, discussed earlier on this blog here and here. The vote paves the way for a dramatic increase in the number of top-level domain names, by hundreds in the near term and likely thousands over the next decade, and will allow organizations to own their own top-level domain names (e.g., .foleyhoag or .lawyers) and operate their own Internet registries.

New gTLDs will not be introduced right away. First, ICANN… More

An Electronic Reserve Identity Crisis: The Next Challenge To Educational Fair Use

In May 2011, a bench trial commenced in the Federal District Court for Northern Georgia which may change the way college libraries everywhere operate. In 2008, Academic publishers Cambridge University Press, Oxford University Press, and Sage Publications filed a complaint against Georgia State University, alleging copyright infringement on a grand scale by the school’s library system. No doubt with an eye towards public relations, the plaintiffs are not looking for money, but for a systemic change to the University’s copyright policy. Understood… More

No Shirt, No Shoes, No Trademark: Naked Licensing Can Mean Abandonment of Your Valuable Rights

A trademark is more than a designation of source. It is also a symbol of quality, attesting to the consistent, predictable nature of the identified goods or services. Consumers rely upon marks to insure that they purchase the same product or service they have come to know from prior experience.

For this reason, a company that uses its mark through licensees must control the quality of the goods and services that the licensees sell under the mark. If the licensor fails to do this–if it engages in “naked licensing” that fails to ensure a consistent and repeatable experience for consumers–the… More