Microsoft V. Shah
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Microsoft V. Shah
''Microsoft Corp. v. Shah'' was an Anticybersquatting Consumer Protection Act (ACPA) case heard before the United States District Court for the Western District of Washington. Microsoft sued the defendants, Amish Shah and others, for, among other charges, ''contributory cybersquatting'' for encouraging others, through videos and software, to infringe on Microsoft's trademarks. The case was settled out of court in July 2011 after judge Ricardo S. Martinez denied Shah's motion for dismissal. Legal observers suggested that, if upheld, the case would prove notable for the court's expansion of the ACPA liability to include contributory cybersquatting. Background Amish Shah, with help from the other defendants, registered domain names containing Microsoft trademarks, and induced others to register similar domains. Some of these domains used possible misspellings of trademarked Microsoft names. Consumers seeking Microsoft products could mistakenly end up at the defendants' website a ...
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United States District Court For The Western District Of Washington
The United States District Court for the Western District of Washington (in case citations, W.D. Wash.) is the federal district court whose jurisdiction comprises the following counties of the state of Washington: Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, and Whatcom. Its courthouse, built in 2004, is located at 7th and Stewart in Seattle. As of the 2000 census, 4.6 million people resided in the Western District, representing 78% of the state's population. The district includes the cities of Bellingham, Bremerton, Seattle, Bellevue, Olympia, Vancouver, Everett, and Tacoma, amongst others. Cases from the Western District of Washington are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). The United St ...
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Tort Law
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ...
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Microsoft Litigation
Microsoft has been involved in numerous high-profile legal matters that involved litigation over the history of the company, including cases against the United States, the European Union, and competitors. Governmental In its 2008 annual report, Microsoft stated: Antitrust In the 1990s, Microsoft adopted exclusionary licensing under which PC manufacturers were required to pay for an MS-DOS license even when the system was shipped with an alternative operating system. Critics attest that it also used predatory tactics to price its competitors out of the market and that Microsoft erected technical barriers to make it appear that competing products did not work on its operating system. In a consent decree filed on July 15, 1994, Microsoft agreed to a deal under which, among other things, the company would not make the sale of its operating systems conditional on the purchase of any other Microsoft product. On February 14, 1995, Judge Stanley Sporkin issued a 45-page opinion that th ...
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United States Internet Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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2011 In United States Case Law
Eleven or 11 may refer to: *11 (number), the natural number following 10 and preceding 12 * one of the years 11 BC, AD 11, 1911, 2011, or any year ending in 11 Literature * ''Eleven'' (novel), a 2006 novel by British author David Llewellyn *''Eleven'', a 1970 collection of short stories by Patricia Highsmith *''Eleven'', a 2004 children's novel in The Winnie Years by Lauren Myracle *''Eleven'', a 2008 children's novel by Patricia Reilly Giff *''Eleven'', a short story by Sandra Cisneros Music *Eleven (band), an American rock band * Eleven: A Music Company, an Australian record label * Up to eleven, an idiom from popular culture, coined in the movie ''This Is Spinal Tap'' Albums * ''11'' (The Smithereens album), 1989 * ''11'' (Ua album), 1996 * ''11'' (Bryan Adams album), 2008 * ''11'' (Sault album), 2022 * ''Eleven'' (Harry Connick, Jr. album), 1992 * ''Eleven'' (22-Pistepirkko album), 1998 * ''Eleven'' (Sugarcult album), 1999 * ''Eleven'' (B'z album), 2000 * ''Eleven'' (Ream ...
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Microsoft V
Microsoft Corporation is an American multinational technology corporation producing computer software, consumer electronics, personal computers, and related services headquartered at the Microsoft Redmond campus located in Redmond, Washington, United States. Its best-known software products are the Windows line of operating systems, the Microsoft Office suite, and the Internet Explorer and Edge web browsers. Its flagship hardware products are the Xbox video game consoles and the Microsoft Surface lineup of touchscreen personal computers. Microsoft ranked No. 21 in the 2020 Fortune 500 rankings of the largest United States corporations by total revenue; it was the world's List of the largest software companies, largest software maker by revenue as of 2019. It is one of the Big Tech, Big Five American information technology companies, alongside Alphabet Inc., Alphabet, Amazon (company), Amazon, Apple Inc., Apple, and Meta Platforms, Meta. Microsoft was founded by Bill Gates a ...
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Domain Name System
The Domain Name System (DNS) is a hierarchical and distributed naming system for computers, services, and other resources in the Internet or other Internet Protocol (IP) networks. It associates various information with domain names assigned to each of the associated entities. Most prominently, it translates readily memorized domain names to the numerical IP addresses needed for locating and identifying computer services and devices with the underlying network protocols. The Domain Name System has been an essential component of the functionality of the Internet since 1985. The Domain Name System delegates the responsibility of assigning domain names and mapping those names to Internet resources by designating authoritative name servers for each domain. Network administrators may delegate authority over sub-domains of their allocated name space to other name servers. This mechanism provides distributed and fault tolerance, fault-tolerant service and was designed to avoid a single ...
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Cybersquatting
Cybersquatting (also known as domain squatting) is the practice of registering, trafficking in, or using an Internet domain name, with a bad faith intent to profit from the goodwill of a trademark belonging to someone else. The term is derived from " squatting", which is the act of occupying an abandoned or unoccupied space or building that the squatter does not own, rent, or otherwise have permission to use. Terminology In popular terms, “cybersquatting” is the term most frequently used to describe the deliberate, bad faith abusive registration of a domain name in violation of trademark rights. However, precisely because of its popular currency, the term has different meanings to different people. Some people, for example, include “warehousing,” or the practice of registering a collection of domain names corresponding to trademarks with the intention of selling the registrations to the owners of the trademarks, within the notion of cybersquatting, while others distingui ...
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United States District Court For The Northern District Of California
The United States District Court for the Northern District of California (in case citations, N.D. Cal.) is the federal United States district court whose jurisdiction comprises the following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, and Sonoma. The court hears cases in its courtrooms in Eureka, Oakland, San Francisco, and San Jose. It is headquartered in San Francisco. Cases from the Northern District of California are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Because it covers San Francisco and Silicon Valley, the Northern District of California has become known as the presumptive destination for major federal lawsuits (such as large class actions and multi-district litigation) involv ...
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Domain Registrar
A domain name registrar is a company that manages the reservation of Internet domain names. A domain name registrar must be accredited by a generic top-level domain (gTLD) registry or a country code top-level domain (ccTLD) registry. A registrar operates in accordance with the guidelines of the designated domain name registries. History Until 1999, Network Solutions Inc. (NSI) operated the registries for the ''com'', ''net'', and ''org'' top-level domains (TLDs). In addition to the function of domain name registry operator, it was also the sole registrar for these domains. However, several companies had developed independent registrar services. In 1996 one such company, Ivan Pope's company, NetNames, developed the concept of a standalone commercial domain name registration service which would sell domain registration and other associated services to the public, effectively establishing the retail arm of an industry with the registries being the wholesalers. NSI assimilated ...
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GoDaddy
GoDaddy Inc. is an American publicly traded Internet domain registrar and web hosting company headquartered in Tempe, Arizona, and incorporated in Delaware. , GoDaddy has more than 21 million customers and over 6,600 employees worldwide. The company is known for its advertising on TV and in the newspapers. It has been involved in several controversies related to unethical business practices and censorship. History GoDaddy was founded in 1997 in Phoenix, Arizona, by entrepreneur Bob Parsons. Prior to founding GoDaddy, Parsons had sold his financial software services company Parsons Technology to Intuit for $65 million in 1994. He came out of his retirement in 1997 to launch Jomax Technologies (named after a road in Phoenix Arizona) which became GoDaddy Group Inc. GoDaddy received a strategic investment, in 2011, from private equity funds, KKR, Silver Lake, and Technology Crossover Ventures. The company headquarters was located in Scottsdale, Arizona up until April 2021, when ...
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Legal Liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability. Theories of liability Claimants can prove liability through a myriad of different theories, known as theories of liability. Which theories of liability are available in a given case depends on nature of the law in question. For example, in case involving a contractual dispute, one available theory of liability is breach of contract; or in the tort context, negligence, negligence per se, respondeat superior, vicarious liability, strict liability, or intentional conduct are all valid theories of liability. Each theory of liability has certain conditions, or elements, that must be proven by the claimant before liability will be established. For example, the theory of n ...
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