domain_names_and_trademarks_legal_issues-deborah_wilcox.ppt

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This case summary describes a trademark infringement lawsuit between Punchclock.com and Punch-clock.com over similar domain names for timekeeping software. Punchclock.com sued their Canadian competitor Punch-clock.com for cybersquatting and unfair competition after sending a cease and desist letter. The Canadian company defaulted, and the court ruled in favor of Punchclock.com, transferring the domain name to them and awarding $1 million in damages for corrective advertising. The summary cautions plaintiffs to look for issues with competitors' sites if not ranking highly and for defendants to find experts to challenge claims of harm.

Million Dollar Domain Case Presented by: Deborah A. Wilcox Baker & Hostetler LLP

Punchclock.com v. punch-clock.com ,[object Object]

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Punchclock.com—Exactly what the name implies

The Dispute ,[object Object],[object Object],[object Object],[object Object]

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Default Judgment ,[object Object],[object Object]

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Transfer and Monetary Award ,[object Object],[object Object]

Corrective Ad Spend ,[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object],[object Object]

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Take-Aways ,[object Object],[object Object],[object Object]

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The basis of business on the internet is your domain name. Buying, selling, defending, procuring and maximizing domain names is key aspect of any affiliate marketer. Experience level: Intermediate Target audience: Affiliates/Publishers Niche/vertical: Domains Gary Kibel, Partner, Davis & Gilbert LLP (Twitter @GaryKibel_law) (Moderator) Sara Freixa, Brand Protection Manager, Americas, Melbourne IT DBS Inc Peter Marinello, Director, Electronic Retailing Self-Regulation Program

FOR PUBLICATIONUNITED STATES COURT OF APPEALSFOR THE NIN.docx

budbarber38650

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PERFECT 10, INC., Plaintiff-counter-defendant- No. 10-56316 Appellant, D.C. No. v. 2:04-cv-09484- AHM-SHGOOGLE, INC., a corporation, Defendant-counter-claimant- OPINION Appellee.  Appeal from the United States District Court for the Central District of California A. Howard Matz, District Judge, Presiding Argued and Submitted April 11, 2011—San Francisco, California Filed August 3, 2011 Before: Alex Kozinski, Chief Judge, Michael Daly Hawkins and Sandra S. Ikuta, Circuit Judges. Opinion by Judge Ikuta 10119 COUNSEL David Schultz (argued) and Jeffrey Neil Mausner, Law Offices of Jeffrey N. Mausner, Woodland Hills, California, for appellant Perfect 10, Inc. Andrew H. Schapiro (argued), Mayer Brown, LLP, New York, New York; Michael T. Zeller, Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, California; Bradley R. Love, Quinn Emanuel Urquhart & Sullivan, LLP, San Francisco, California; and Rachel Herrick Kassabian, Margret M. Caruso, and Andrea Pallios Roberts, Quinn Emanuel Urquhart & Sullivan, LLP, New York, New York, for appellee Google, Inc. 10121PERFECT 10 v. GOOGLE Nancy E. Wolff, Cowan, DeBaets, Abrahams & Sheppard, New York, New York, for amici curiae Picture Archive Council of America, Inc., et al. Joseph C. Gratz, Durie Tangri LLP, San Francisco, Califor- nia, for amici curiae Chilling Effects Clearinghouse Leaders. OPINION IKUTA, Circuit Judge: In this appeal, we once again consider a request by Perfect 10, Inc. for a preliminary injunction against Google, Inc. See Perfect 10, Inc. v. Amazon.com, Inc. (Perfect 10 II), 508 F.3d 1146 (9th Cir. 2007). Because Perfect 10 has not demon- strated that it would likely suffer irreparable harm in the absence of a preliminary injunction, we affirm the district court’s denial of that relief. I This appeal is the latest installment in a legal saga of several years’ duration. That history is recounted elsewhere, see Perfect 10 II, 508 F.3d 1146, so we focus here on only those facts material to the questions before us now. Perfect 10 creates (and copyrights) photographic images of nude models for commercial distribution. For several years, it featured them in a now-defunct magazine, “PERFECT 10”; more recently, it began offering them for viewing on a password- protected, paid-subscription website, “perfect10.com.” Perfect 10’s subscription website generates revenue from subscribers who pay a monthly fee to view the copyrighted images in a “members’ area,” which members access through a unique username/password combination. Perfect 10 v. Google, Inc. (Perfect 10 I), 416 F. Supp. 2d 828, 832 & n.3 (C.D. Cal. 2006). Perfect 10 has generated virtually all of its revenue from these copyrighted images. Id. at 832. 10122 PERFECT 10 v. GOOGLE Google operates numerous web-based services. Chief among them is its search engine, which uses an automated software program, known as a web crawler, to obtain co.

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