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  • “Willfulness” Not Required For Trademark Damages

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    Under the Lanham Act, there are a few different avenues you can take to enforce your trademark rights through litigation. Section 1125(a) creates a cause of action for trademark infringement, while Section 1125(c) creates a cause of action for trademark dilution. The damages (monetary compensation) that can be collected by plaintiffs through these causes of action are governed by the same section o...

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  • ICANN Offers New Registrar Abuse Form

    Mallory King - May 11, 2020 - Cybersquatting Law, Internet Law

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    The Internet Corporation for Assigned Names and Numbers ("ICANN") is an organization at the center of online domain name issues and is responsible for, among other things, developing policies for registries (.com, .net, .info) and registrars (companies that sell domain names) to adhere to. ICANN is also behind the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is meant to prevent cyb...

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  • Embedded Instagram Photos Ruled Non-Infringing

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    The use of Instagram photos and potential copyright infringement stemming from the same is a topic that Traverse Legal has previously considered, particularly in regards to social media influencers. Our attorneys contemplated that news and media outlets have typically been relying upon the fair use defense when posting embedded Instagram photos into articles. Now, in Sinclair v. Ziff Davis, LLC, t...

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  • How to Arbitrate Covid-19 Cancellation and Refund Claims Against Airbnb

    Enrico Schaefer - April 22, 2020 - Airbnb Refund Claims

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    No, a class action against Airbnb by hosts is not currenlty an option. But there are other ways for hosts to assert legal claims against Airbnb. Filing individual arbitrations is the path to collective action by hosts. Our legal team is filing arbitrations on behalf of hosts against Airbnb, in cost effective ways. Our lawyers are also educating hosts so they can file arbitrations themselves. Watch...

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  • Top 3 Terms to Include on Marijuana Websites

    Mallory King - April 20, 2020 - Internet Law, Marijuana Law

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    With medical and recreational marijuana becoming increasingly legal throughout the country, many businesses are taking advantage of this lucrative endeavor by either growing, processing, and/or selling legal marijuana. Further, some businesses may wish to provide broader informational resources related to marijuana or community forums for like-minded consumers to correspond and share notes. In t...

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  • COVID-19 Impacts Commercial Leases for Landlords and Tenants

    Mark Clark - April 16, 2020 - Business Law, Contracts, Coronavirus Legal Issues

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    Whether a lease payment may be excused due to COVID-19 is one of the most discussed topics in business today.  Tenants are concerned about defaulting on a lease.  Landlords are concerned about defaulting on a mortgage or loan.  Those who are scheduled to receive government grants or loans may be able to buy some time before defaulting, in the case of landlords having flexibility in negotiating le...

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  • Did airbnb breach its terms by refunding guests under its extenuating circumstances policy?

    Enrico Schaefer - April 15, 2020 - Airbnb Refund Claims, Complex Litigation

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    Airbnb Attorney Representing Hosts: Airbnb unilaterally, and in violation of hosts cancellation policies, refunded guests who booked reservations between the dates March 14th and May 31st. Our analysis of the contract terms, relevant law and facts has led to the conclusion that Airbnb hosts have a viable breach of contract case against Airbnb: Why did Airbnb refund guests? Airbnb recently re...

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  • Demand to Rebrand. A Guide for Businesses

    Brian Hall - April 10, 2020 - Brand Development

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    Trademark owners have an affirmative duty to police their brand from unauthorized third party use. This typically means monitoring online and other use by third parties that may create a likelihood of consumer confusion as to source, sponsorship, endorsement or affiliation with with the trademark owners trademark, service mark, logo, slogan or other source-identifier. When an infringing use is ide...

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