Enforcement project

Do.

To prepare for class, do the activities shown below. Bring to class any supporting documentation. Be prepared to discuss all the questions.

Read.

Read this.

Investigate.

  1. Go to http://iphattitudes.com/. Review the site.
  2. How should you document the site? Regular printout? Screen cap? HTML code? All?
  3. Is there any identifying info on the site regarding the owner? What is it?
  4. How do you determine the registrant of the domain name? Do a WHOIS and bring the results.
  5. Where is the video hosted? On iphattitudes.com? Elsewhere?
  6. Where is the rest of the content on iphattitudes.com site hosted? Do a traceroute using http://network-tools.com/.
  7. Does the U.S. Copyright Office list “designated agents” for the service providers hosting the video and content? Who are the designated agents? Go to https://www.copyright.gov/dmca-directory/.

Enforce.

Note: Several of you have written to ask whether you are required to draft C&D letters for today’s class. I applaud you all for looking more extra work, but to be clear, you are not required to draft any letters. The instructions below ask “what might [your clients] do?” That means you need to come to class having done enough investigation and thinking to come up with a recommended course of action for each of the clients. You need not draft any C&D letters. Indeed, a C&D might not be appropriate in all cases.

If you do choose to draft any demand letters, I would be happy to give you feedback on them. But I am more interested in you coming to class with reasoned and supported action plans.

Plaintiff # 1: Professor Nathenson.

Professor Nathenson wants the owner of iphattitudes.com to remove the video from that site.

  • You are Nathenson’s lawyer.
  • Does he have any good claims against the owner of iphattitudes.com?
  • If so, what might he do?

Plaintiff # 2: The owner of the song.

Rick is the owner of the song that is the basis for Professor Nathenson’s version.

  • You are Rick’s lawyer.
  • Does Rick have any good claims against Professor Nathenson?
  • If so, what might he do?

Plaintiff # 3: IPH.

IPH owns the federal trademark registration shown below.

  • You are IPH’s lawyer.
  • Does IPH have any good claims against the owner of iphattitudes.com?
  • If so, what might it do?

Revised July 11, 2017 (clarifying no requirement of C&D letters)