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And the Oscar goes to . . .

By David Pabian on November 4, 2015
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The Academy of Motion Picture Arts and Sciences is planning to appeal a September judgment finding that GoDaddy did not violate anti-cybersquatting laws. Part of the Academy’s claim centered around the common practice of having “parked pages” which are basically placeholders sites. The practice allows a domain owner to reserve a domain until it finds hosting or completes the website.

The Academy claimed that GoDaddy improperly profited from the use of its OSCAR mark by allowing the registration of domains that included the OSCAR mark, and sharing in the proceeds of ad revenue on parked pages.

The Court found that the Academy had failed to prove that GoDaddy had the bad faith intent to profit required for the claim and also that GoDaddy had met its burden on its affirmative defense that it acted with a good faith belief that the use was lawful.

It didn’t help the Academy’s case that GoDaddy took a number of proactive steps to limit potential infringement and acted quickly whenever infringement was brought to its attention.

The case, lasting five years, highlights the policy tension among intellectual property laws and the internet economy. The Court cited the automated process of registering domains and the high cost of manually reviewing each new registration to ensure that no infringement occurs in its findings regarding bad faith.

Traditionally, the burden of policing a trademark falls to the mark holder. The Digital Millenium Copyright Act provided some additional tools for job in the internet age and attempted to strike a balance between the benefits of the internet and the burden on intellectual property holders. Here, the Academy seemed to make an attempt to pass the burden of policing its mark on to providers like GoDaddy. The Court stated towards the end of its ruling that the Academy’s “ACPA claim would impose upon GoDaddy (and presumably any other company offering parking, hosting, or other basic internet services) the unprecedented duty to act as the internet’s trademark police.”

It’s not yet clear exactly what the Academy plans to attack in its appeal. We’ll have to wait to see if the Appeals Court thinks that GoDaddy should act as the internet’s trademark police.

David Pabian

View my professional biography

An interest in technology and a tendency toward early adoption led me to write a book on the iPhone 3G shortly after graduating from college. I then spent two years in Spain teaching at a public bilingual grade school.

View my professional biography

An interest in technology and a tendency toward early adoption led me to write a book on the iPhone 3G shortly after graduating from college. I then spent two years in Spain teaching at a public bilingual grade school. While living abroad, I noticed the stark difference in advertising and branding from country to country, more greatly appreciating the importance of the likes and cultural norms of an audience. My interest in technology then steered me towards a job with a web based data management company in Chicago. While there I began to appreciate the how law and technology interact with market forces.

Law school was a natural next step for me and I soon moved up to Minneapolis to attend the University of Minnesota Law School. While there I organized a symposium on how international law has developed to take the internet account. The symposium focused on the data security, privacy, and speech implications of new national and international legal regimes.

In my free time I enjoy cooking, biking, and music. When I’m able to take enough time off, I’m often traveling nationally and internationally, or camping (the Boundary Waters in May before all the crowds is my personal favorite).

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  • Posted in:
    Intellectual Property
  • Blog:
    DuetsBlog
  • Organization:
    Winthrop & Weinstine, P.A.
  • Article: View Original Source

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