The legal system and politicians are still casting about looking for a way to understand the place the Internet will play in society, and our collective responsibilities while using it. The decisions they make may be profound, profane, or both. My posts are observations only, not legal advice. Under the ethics rules of the Bar of the State of New Mexico, these posts are a "Lawyer Advertisement." Please let me know if it is successful advertising.

Thursday, January 05, 2006

Trademark – Google Sued For Trademark Infringement for Third Level Domain Name

Google has been sued for Trademark infringement by “Jews for Jesus.” The suit is based on Google’s “blogspot” service. The service offers blogs with third level domain names, i.e. “jewsforjesus.blogspot.com.” The suit makes a number of claims, some far from credible, or recognized by current Trademark law. The most important is that Google profits from the domain name – jewsforjesus – and as a result, bears some liability for its user’s infringement. This claim will be hard to make, since U.S. law requires that liability only occurs if the registrar had a bad faith intent to profit from the infringement when the domain name was registered. This case is important to follow as more and more Internet Infrastructure providers add innovative services, including blogging, to their product offerings in order to differentiate their products. Discussion of the case

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