Property, intangible

a blog about ownership of intellectual property rights and its licensing


domain name

  • Will the Real Huang Zhiyang Please Stand Up?

    Well here’s an interesting one. In July, 2020, Huang Zhiyang filed a suit in the Eastern District of Virginia to quiet title under 28 U.S.C. § 1655, the Computer Fraud and Abuse Act, the Federal Communications Privacy Act, and related Virginia common law claims, claiming that someone had hacked into his account and stolen the… Continue reading

  • Just “Slip It In Nebulously”

    When you see “slip it in” in an email about contract negotiations, it’s a good bet it’s not going to go well for the person trying to “slip it in.” Especially when their goal is to do it “nebulously.” The transaction was, to the defendant Mitel Networks, a vanilla domain name sale. However, the plaintiff’s… Continue reading

  • ACPA and Standing

    It is a simple result, but not one that is forgone. An entity, HELP.org, LLC, owned a domain name, directorschoice.com. A company called Director’s Choice, LLP,* brought a Uniform Domain Name Resolution Policy proceeding against HELP.org for cybersquatting and won. Russ Smith, who owns Help.org, transferred the domain name to his own name and filed… Continue reading

  • Del Monte vs. Del Monte

    My last post was on the Legal Rights Objection (LRO) between Merck KGaA and Merck & Co., and today it’s the one between Del Monte Corp. and Del Monte International GmbH. Both are proceedings between parties that have a common history and an ongoing relationship defined by agreements. Nevertheless, in Merck, the Panel found that… Continue reading

  • Merck vs. Merck

    I used to live in the building seen above—well, maybe not that exact building, but one exactly like it in the same complex. It is Lincoln Village, military housing in Damstadt, Germany. Which doesn’t have much to do with anything, except that Merck KGaA is also in Darmstadt, Germany. When I was driving past the… Continue reading

  • Who Owns a Domain Name?

    If you say the person listed as the “registrant” in the domain name record owns the domain name, the court in Fraserside IP L.L.C. v. Kovalchukmight disagree with you. The question before the court was personal jurisdiction over Igor Kovalchuk, the person listed as the registrant of the website www-dot-DrTuber-dot-com (web site definitely not safe… Continue reading