Upcoming Changes to Internet Domain Names and Your Trademark Rights

Companies commonly register for multiple domain names (or URLs) so that their customers can more easily find their website. Registering for multiple similar domain names can also preempt cybersquatters, entities that buy domain names in order to interfere with the rights of trademark holders.

Right now, most websites end in familiar domain name extensions such as .com, .net, or .org, or country extensions such as .cn for China, .us for United States, and so forth. But the Internet Corporation for Assigned Names and Numbers (ICANN) will be adding new extensions soon, to include terms such as .careers, .shoes, .builders, and many more.

The Internet is changing? You don't say!
Photo used under CC license from @LarsZi on Flickr.

To protect your business or nonprofit brand, consider registering for more domain names. You can get special advance access by providing proof of your trademark holdings to the Trademark Clearinghouse (TMCH). (The official website is http://trademark-clearinghouse.com/; be conscious that, ironically, there are other, unrelated services with very similar names.) If you find out that someone has registered for a domain name that is "identical to or confusingly similar to" your trademark, you can contest the registration using the Uniform Rapid Suspension (URS) system.

To read more about the upcoming changes, check out this article at the Harvard Business Review. If you have questions about how to protect your small business' or nonprofit's brand, contact Glickman Turley to discuss ways we may be able to help. 

Government announces more rights for same-sex couples

Attorney General Eric Holder released a memorandum that grants same-sex couples even more of the rights accorded to opposite-sex married couples, and clarifies certain situations for states that do not recognize same-sex marriage.
 

Love not H8.
Photo used under CC license from @Fibonacci Blue on Flickr.

The new rights include:
- The option to refuse to testify against one's spouse in court
- Rights for spouses of federal prisoners, including special visitation, furlough, and communication
- Benefits for programs run by the Justice Department
- Death benefits for spouses of public officers
For a more detailed explanation of these rights, please read this article by SCOTUSblog.

The New York Times noted that, while this is a big step to reduce discrimination against LGBTQ people, it does not go far enough. The government has yet to announce that federal contractors cannot make hiring decisions on the basis of sexual orientation or gender identity.

You can read the full text of Attorney General Holder's memorandum here (pdf).

I'll stay... as long as you love me

For singer Justin Bieber, things are getting worse. He turned himself in to authorities in Toronto, Canada, this week on charges of assaulting a limousine driver. And over 100,000 people have signed a petition to the White House, asking that Bieber be deported. How could these two events impact Justin's future immigration status in the United States?

Don't make him fade away.
Photo used under Creative Commons license from @ilovejb123 on Flickr.

If it turns out that Justin is convicted of crimes in any country, and he decides to apply for a green card, he will have to explain his criminal record. Applicants for certain types of immigration benefits, such as asylum or a green card, must disclose any prior criminal convictions. This is true whether the crime occurred in the U.S. or in any other country. If a person doesn't disclose his or her criminal record, it is likely that the government may still find out. Prior criminal convictions won't necessarily prevent someone from getting approved for immigration benefits, but it is important to talk with an attorney before applying to be aware of any risks. The list of crimes that can impact someone's immigration status is very complicated, and an experienced attorney can help determine whether someone's record will cause problems.

Could the White House petition result in Justin's deportation? It's very unlikely, because Justin's crimes likely aren't serious enough to qualify him for deportation. He also has many fans in the U.S. who would like him to stay! Having broad support from your community can be important in certain immigration settings. Under certain circumstances, the law allows the government to exercise discretion, and decide whether a person should be allowed to stay in the United States despite some mishap. Again, it is important to talk to an attorney before requesting prosecutorial discretion. An attorney can help you figure out whether your circumstances would qualify you to apply, and whether you would have a good chance of success.

"Never Say Never"... to Justin Bieber's deportation?

Celebrities such as Lindsay Lohan, Nicolas Cage, and Paris Hilton often make the news when they get on the wrong side of the law. But the recent arrest of Justin Bieber, on allegations of drag racing and driving under the influence of alcohol, marijuana, and prescription drugs, could lead to more serious consequences than just a fine or jail time.

... Except the Miami Beach PD, that is.
Photo used under Creative Commons license from @jiposhy on Flickr.

Bieber is Canadian, and does not hold U.S. citizenship. He is currently in the U.S. on a temporary visa, based on his extraordinary musical abilities. However, because Justin hasn't been formally charged yet, it is unclear whether the offenses would impact his immigration status. Non-citizens in the U.S., such as Bieber, may face deportation or become ineligible for certain types of immigration relief after being convicted of certain crimes. These crimes are formally named "aggravated felonies" or "crimes of moral turpitude" in the law. Although those titles sound serious, some relatively commonplace acts can result in criminal convictions under those categories.

For more news about Justin Bieber's arrest, read this CNN article.

If you are interested in applying for immigration status based on extraordinary ability in the sciences, arts, education, business, or athletics (an O visa), Glickman Turley may be able to help you. Even if you aren't a musical sensation, if you are an immigrant facing criminal charges, or if you are an immigrant who already has a criminal record, then it is important for you to talk to an attorney about your immigration status. Contact us today to see how we may be able to help.

Is Boehner getting serious about immigration reform?

While we can only speculate whether immigration reform was one of House Speaker John Boehner’s New Year’s resolutions, there are some signs that he is moving in that direction.  At the end of 2013, Boehner hired Rebecca Tallent, the former adviser to Sen. John McCain (R-Ariz.) on immigration and a supporter of broad immigration reform.  Ms. Tallent fought for comprehensive overhauls of the immigration system in 2003 and 2007, albeit unsuccessfully.  She knows the landscape and will likely be able to get things moving.

Boehner has said that he is committed to a “step by step” approach to immigration reform, rather than one big comprehensive bill.  “The American people are skeptical of big, comprehensive bills, and frankly, they should be,” Mr. Boehner told reporters recently. “The only way to make sure immigration reform works this time is to address these complicated issues one step at a time. I think doing so will give the American people confidence that we’re dealing with these issues in a thoughtful way and a deliberative way.”

Mr. Boehner recently criticized the Tea Party opposition during the recent budget deal in Congress which further suggests that he is serious about overhauling the immigration system despite vehement opposition from conservative Republicans.  More moderate House Republicans see immigration reform as essential to gaining the Hispanic vote in the 2016 presidential election. Mitt Romney, the Republican nominee for president in 2012, took a hard line on immigration and won only 27 percent of the Hispanic vote.

For more on this subject, see this recent New York Times article.

Foreclosed Homeowners Have Tenant Rights in Eviction Actions

The Supreme Judicial Court of Massachusetts today held that the Housing Court and other courts which hear eviction matters may consider homeowner defenses and counterclaims against the mortgage companies engaged in evicting them post foreclosure.  See BANK OF AMERICA, N.A. vs.  ROSA (SJC-11330). This is another victory for homeowners in the foreclosure process given recent history of extensive bank misconduct. 

Federal Student Loan Agency Recognizes Same-Sex Marriage

Is someone in your family planning to apply for federal student aid? A recent change may affect the results. The U.S. Department of Education just announced that it will recognize students' and parents' same-sex marriages in determining federal student loan eligibility. Depending on the particular circumstances, this change could mean either an increase or decrease in the aid received.

Unfortunately, college still requires a lot of Benjamins.
Photo used under Creative Commons license from @401(K) 2013 on Flickr.

Education secretary Arne Duncan wrote, "We must continue to ensure that every single American is treated equally in the eyes of the law, and this important guidance for students is another step forward in that effort... As students fill out their FAFSA this coming year, I'm thrilled they'll be able to do so in a way that is more fair and just.”

The changes are effective immediately, although updated forms are not yet available. Students may file an amended FAFSA to make sure their aid is calculated correctly.

 

For more details, please see: http://www.insidehighered.com/news/2013/12/16/education-department-recognizes-same-sex-marriages-student-aid-purposes#ixzz2nfmLF48P