Latest News 
 
INTELLECTUAL PROPERTY
 
Injunction Denied Against Uses Anticipated in Trademark Application, but Not Realized 
 
A trademark application anticipating a broad spectrum of uses is only speculative evidence of the mark's future use and will not, by itself, support a finding that the plaintiff will be irreparably damaged by the defendant's use of a similar-sounding mark, the U.S. District Court for the Eastern District of North Carolina held Oct. 19.  Consequently, plaintiff, which operates two UGC web sites—lulu.com and lulu.tv—is not entitled to a preliminary injunction against the registrant of hulu.com.  Lulu Enterprises, Inc. v. N-F Newsite, LLC, a/k/a Hulu, LLC, 2007 ILRWeb (P&F) 2865.  Read more ...

Other Intellectual Property news:
 
·  Court Rejects YouTube's Demand That Tur Pay $300,000 to Dismiss Suit
·  Copyright, Trademark Damages Awarded for Unique Injuries Arising from Same Facts
·  Verizon, Vonage Settle Dispute; Vonage to Pay Up to $120 Million
·  Means Detailing Output, 'Independence' of Voice Recognition Software Clearly Defined
·  User Advocacy Group's Head Laments Copyright Trends, Proposes Reforms
 
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INTERNET COMMERCE 
 
Novell Can Sue Microsoft for Harming Competition in PC Operating System Market 
 
Novell, Inc. has antitrust standing to sue Microsoft Corp. for anticompetitive conduct harming competition in the personal computer operating systems market, but its claims relating to the office productivity applications market dominated by Microsoft in the mid-1990s are untimely, according to the U.S. Court of Appeals for the Fourth Circuit, which resolves two interlocutory appeals.  Novell, Inc. v. Microsoft Corp., 2007 ILRWeb (P&F) 2843.  Read more ...
 
Other Internet Commerce news: 
 
·  Australian Agency Won't Interfere with Google in Bid for DoubleClick
·  Providing Credit Card Number for Online Purchase Creates Agency for Purchase
·  Speculation of Wrongdoing Not Enough to Overcome ISP's Limited Liability Clause
·  Internet Advertiser Agrees to Settlement of Washington Spyware Act Complaint
·  FTC Snares Internet Hijacker, Mousetrapper Violating Prohibitions in 2002 Court Order
·  Japanese Ministry to Submit Legislation to Update Spam Law, Require Opt-In Consent
 
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FREEDOM OF SPEECH
 
Statute Saddling Content Creation with Recordkeeping Held Unconstitutional 
 
A statute requiring stringent recordkeeping in connection with the creation of any sexually explicit content is unconstitutionally overbroad and must be struck for facial invalidity, the U.S. Court of Appeals for the Sixth Circuit held Oct. 23.  The government's interest behind the statute was to eradicate child pornography by requiring specific records so that law enforcement could more easily identify and prosecute it. However, the requirement affected all sexually explicit images, including protected speech produced by and shared with consenting adults.  Connection Distributing Co. v. Keisler, 2007 ILRWeb (P&F) 2869.  Read more ...
 
Other Freedom of Speech news: 
 
·  House Passes Bill Providing Conditions for Compelled Disclosure of Media Sources
·  House Panel Reports Bill to Curb U.S. Firms Helping Foreign States Limit Internet Access
 
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TELECOMMUNICATIONS 
 
House Commerce Panel OKs Broadband, E-911 Legislation 
 
The House Energy and Commerce Committee Oct. 30 reported out a bill (H.R. 3919) to identify the areas of the country that have broadband service and a bill (H.R. 3403) to require Voice over Internet Protocol (VoIP) providers to offer E-911 service to their customers.  Rep. Joe Barton (R-Texas), the ranking minority member of the committee, said the bills had been worked out in a bipartisan fashion and that he would support them.  Read more ...
 
Other Telecommunications news: 
 
·  Agriculture Subcommittee Examines Issues of Rural Broadband Deployment
·  FCC Approves Two Petitions to Deregulate Broadband Services
·  Sens. Dorgan, Snowe Appeal to Inouye for Hearing on Network Discrimination
 
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PRIVACY & SECURITY 
 
Companies Facilitated Surveillance in 'Good Faith,' Senate Report Says 
 
Phone companies that participated in the Bush administration's warrantless surveillance program did so "in good faith," according to a report released Oct. 26 by the Senate Intelligence Committee.  The companies were responding to written requests or directives authorized by the president soon after the Sept. 11, 2001, terrorist attacks, according to the report, which offers some details on closed committee deliberations on legislation to update the Foreign Intelligence Surveillance Act (FISA).  Read more ...
 
Other Privacy & Security news: 
 
·  En Banc Hearing Granted on Issue of Government Right to Access Stored E-Mail
·  Lawmakers, Internet Security Experts Announce Commission on Cybersecurity
·  Court Finds Doctor's E-Mail to Attorneys Using Hospital Network Not Privileged
·  'Wired' Bill's Health Data Privacy Safeguards Fail to Protect Patient E-Records, Critics Say
 
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TAXATION
 
House OKs Seven-Year Internet Tax Moratorium, Sends Bill to White House 
 
The House Oct. 30, by a vote of 402-0, cleared a seven-year extension of the Internet tax moratorium for President Bush's signature.  Bush is expected to sign the legislation before the Nov. 1 expiration of the current moratorium.  Republicans, led by Rep. Lamar Smith (R-Texas), expressed disappointment that the legislation (H.R. 3678) does not permanently ban Internet access tax, but Smith called the bill a "step in the right direction."  Read more ...

Other Taxation news: 
 
·  Sununu Seeks Senate Floor Vote on Amendment to Ban Internet Access Taxes
·  House Unclear on Path for Proceeding with Senate Extension of Internet Tax Ban
·  House to Consider Internet Tax Ban Oct. 30 Under Suspension of Rules
 
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JURISDICTION & PROCEDURE 
 
Pay-Per-Click Links Make Site Interactive, Support Jurisdiction in Domain Name Dispute 
 
Hyperlinks that, when clicked, create revenue for the web site owner, make the site "interactive" for jurisdictional purposes, the U.S. District Court for the Northern District of Illinois held Oct. 12.  The court said that jurisdictional due process requirements were satisfied when a web site devoted to Illinois attractions made money off of Illinois-related links.  Even though the site owner did not physically "transact business" in Illinois, the links were enough.  Chicago Architecture Foundation v. Domain Magic, LLC, 2007 ILRWeb (P&F) 2853.  Read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Without Evidence of Targeting Forum, Web Site Alone Did Not Support Jurisdiction
·  Online Business Directories Not Subject to Jurisdiction Wherever Sites Are Accessed
·  Leave for Immediate Discovery Granted to Ascertain Identities of Doe Defendants
·  Web Site Enabling Customers to Browse and Order Products Held 'Interactive'
 
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CRIMINAL LIABILITY 
 
Poker Players Alliance Recommends Regulation Over Prohibition of Online Poker 
 
Congress's decision last year to outlaw online poker harms poker players by leaving their activities unregulated, speakers at the Poker Players Alliance's issue advocacy event said Oct. 24.  The panelists said that regulation of online gaming, rather than an outright ban, is a better means to protect consumers and recover revenue from online poker that has been driven offshore by the Unlawful Internet Gambling Enforcement Act, 31 USC §§ 5361-5367.  Read more ...
 
Other Criminal Liability news: 
 
·  Senate Bill Introduced to Amend CFAA, Expand Prosecutorial Power Over Cybercrime
 
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Latest Cases 
 
·  Adsit Co. v. Gustin, 2007 ILRWeb (P&F) 2847 [Ind Ct App] (Providing credit card number for online purchase creates agency for purchase)
·  AllVoice Computing PLC v. Nuance Communications, Inc., 2007 ILRWeb (P&F) 2863 [Fed Cir] (Means detailing output, 'independence' of voice recognition software clearly defined)
·  American Airlines, Inc. v. Google, Inc. (Order Denying Motion to Dismiss), 2007 ILRWeb (P&F) 2857 [ND Tex] (Without elaboration, court declines to dismiss action challenging Google's sale of trademarks as keywords that trigger competitors' ads)
·  Chicago Architecture Foundation v. Domain Magic, LLC, 2007 ILRWeb (P&F) 2853 [ND Ill] (Pay-per-click links make site interactive, support jurisdiction in domain name dispute)
·  Connection Distributing Co. v. Keisler, 2007 ILRWeb (P&F) 2869 [6th Cir] (The recordkeeping requirements that 18 USC §2257 placed upon producers of images of "actual sexually explicit conduct" violate the First Amendment)
·  Federal Trade Commission v. Zuccarini (Stipulated Order), 2007 ILRWeb (P&F) 1931 [ED Pa] (FTC snares Internet hijacker, mousetrapper violating prohibitions in 2002 court order)
·  Global Ground Support, LLC v. All Test and Inspection, Inc., 2007 ILRWeb (P&F) 2845 [ED Pa] (Without evidence of targeting forum, web site alone did not support jurisdiction)
·  Goforit Entertainment LLC v. Digimedia.com L.P., 2007 ILRWeb (P&F) 2525 [MD Fla] (Online business directories not subject to jurisdiction wherever sites are accessed)
·  LaFace Records, LLC v. Does 1-5, 2007 ILRWeb (P&F) 2689 [WD Mich] (Leave for immediate discovery granted to ascertain identities of Doe defendants)
·  Lulu Enterprises, Inc. v. N-F Newsite, LLC, a/k/a Hulu, LLC, 2007 ILRWeb (P&F) 2865 [ED NC] (UGC site Lulu not entitled to preliminary injunction against soon-to-be-launched Hulu)
·  Microsoft Corp. v. Evans, 2007 ILRWeb (P&F) 2849 [ED Cal] (Copyright, trademark damages awarded for unique injuries arising from same facts)
·  Novell, Inc. v. Microsoft Corp., 2007 ILRWeb (P&F) 2843 [4th Cir] (Novell has antitrust standing to bring claims alleging that Microsoft's conduct injured competition in the market for PC operating systems, but its claims alleging harm to competition in the software-application market were properly dismissed as untimely)
·  Pure Research Products, L.L.C. v. Allergy Research Group, Inc., 2007 ILRWeb (P&F) 2713 [D Colo] (Web site enabling customers to browse and order products held 'interactive')
·  Scott v. Beth Israel Medical Center, Inc., 2007 ILRWeb (P&F) 2861 [NY Sup Ct] (Court finds doctor's e-mail to attorneys using hospital network not privileged)
·  Tur v. YouTube, Inc., 2007 ILRWeb (P&F) 2851 [CD Cal] (Court rejects YouTube's demand that Tur pay $300,000 to dismiss suit)
·  Washington, State of v. SecureLink Networks LLC (Stipulated Judgment), 2007 ILRWeb (P&F) 2855 [Wash Super Ct] (Internet advertiser agrees to settlement of Washington Spyware Act complaint)
·  Whitnum v. Yahoo! Inc., 2007 ILRWeb (P&F) 2711 [NY Sup Ct] (Speculation of wrongdoing not enough to overcome ISP's limited liability clause)
 
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Latest Pleadings, Motions, & Briefs 
 
·  Abrams v. Facebook, Inc. (Complaint), 2007 ILRWeb (P&F) 2816 [ND Cal] (Class action seeking to halt Facebook's practice of transmitting or permitting the transmission of text messages to mobile phones)
·  Eros, LLC v. Simon (Complaint), 2007 ILRWeb (P&F) 2818 [ED NY] (Merchants in Second Life allege Lanham and Copyright Act violations by avatar who makes and sells unauthorized copies of plaintiffs' virtual products)
·  Facebook, Inc. v. Does 1-10 (Complaint), 2007 ILRWeb (P&F) 2030 [ND Cal] (Facebook alleges that computer users violated the CFAA and California computer law by using an automated script to gain unauthorized access to Facebook's "friend-finder" functionality)
 
Search ILR's Pleadings database 

Latest Research from Pike & Fischer

Video-on-Demand Usage: Projections & Implications - New
Service providers are now eager to develop new business models for on-demand services. Comcast, for example, has had talks with some Hollywood studios about the possibility of delivering movies on demand on the same day they are released in theaters. Some executives project that multichannel video will eventually become all on-demand. This Market Intelligence Brief provides some current statistics on VOD usage, outlines the VOD strategies of the top multichannel video providers, and projects the growth of video-on-demand consumption over the next five years – and what that will mean in terms of revenue opportunities.  We conclude that VOD will represent substantially less than half of all TV viewing per household on a monthly basis by 2012.

High-speed Internet Packaging & Pricing Strategies: 4th Edition - New
This report provides a detailed and up-to-date analysis of the high-speed Internet pricing, bundling and marketing strategies of the top providers, including Comcast, Time Warner Cable, Cox, Cablevision, Charter, Insight, Mediacom, Qwest, AT&T and Verizon. The report ranks each provider by maximum speeds provided and by price points, and includes 18 tables of data and analysis. It will also examine the impact that the emergence of telco fiber-optic services, mainly Verizon FiOS and AT&T U-vrse, are having on cable offerings and strategies.

View all Market Research Reports & Briefs

Events & Conferences 
 
Security, Employees & Privacy: Avoiding the Liability & Risk of Advanced Security Technology
Wednesday, November 14, 2007 at 2:00 p.m. ET
The battle over the issue of privacy vs. security is heating up, as leading organizations steadily embrace more advanced electronic systems that, unfortunately, are challenging traditional ideas of employee privacy rights. To minimize their risk and liability, more and more organizations are seeking the middle ground that can satisfy security directors—and still preserve the privacy of their employees.  Join BNA subsidiary IOMA and its expert faculty to find out about the critical facts surrounding this controversial issue.  Learn more

Legal Risk Management in the Web 2.0 World - DVD Recordings Available
Over 120 business and legal professionals joined Pike & Fischer for this inaugural and groundbreaking legal forum where the growing array of legal risks associated with social networking, user-generated content (UGC) and other applications in the burgeoning Web 2.0 world were discussed and debated at length.   Attendees learned more about existing and potential Web 2.0 liabilities and how best to manage the risks of their organizations and those of their clients.  
Missed the event?  Order a DVD recording of select panels and keynotes.
Learn more    Order Now

Net Neutrality: Still on the Front Burner - Summit Audio Recording Available
It's not too late to catch the debate that took center stage at Pike & Fischer's Broadband Policy Summit.  Purchase this 75-minute audio recording and listen in as our panel of experts engage in a lively debate of the pros and cons of net neutrality and whether or not legislation is likely to pass in the 110th Congress.   You'll hear the very latest insights and opinions from top organizations in the thick of the net neutrality debate -- including Jim Cicconi of AT&T; Gigi Sohn, President of Public Knowledge; Mike McCurry, Partner, Public Strategies and Paul E. Misener of Amazon.com.  
Learn More   Order Now

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