Latest News 
 
INTELLECTUAL PROPERTY
 
Use of Term in Domain Name Does Not Suffice as Source Indicator 
 
Use of a term as part of a domain name alone does not constitute use as an indicator of the source of goods or services that can be registered with the Patent and Trademark Office, the Trademark Trial and Appeal Board ruled May 2.  Upholding a trademark examining attorney's refusal to register the term "irestmycase," the board court concluded that the applicant had failed to submit sufficient use of the term in commerce when its sole use was as part of a domain name. The board also rejected the argument that use of the term "restmycase" should function as use of "irestmycase."  In re Roberts, 2008 ILRWeb (P&F) 1803.  Subscribers read more ...

Other Intellectual Property news:
 
·  Single Reference to Rival's Trademark in Website Metatag Deemed Fair Use
·  New York Attorney General Announces Piracy Enforcement Assistant, Legislation
·  Infringement Liability Possible in Offshore Internet Sports Handicapping Operations
·  File-Sharing Defendant Permitted to Proceed on CFAA, Invasion of Privacy Counterclaims
·  RIAA Sues Digital Music Aggregator, Playlist Service
·  Amended Orphan Works Reform Bill Advances Through House IP Subcommittee
·  TorrentSpy Faces Injunction, $111 Million Damages
·  Key WIPO Members Name Francis Gurry as New Head
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
FTC Issues Final Rules Fielding CAN-SPAM Compliance Questions 
 
The Federal Trade Commission May 12 issued long-awaited final rules and comments addressing compliance questions related to the federal CAN-SPAM Act, which requires marketers to provide consumers with the right to "opt-out" of receiving unsolicited e-mail messages.  Under the rules, e-mail recipients cannot be required to pay a fee, provide information other than their e-mail address and opt-out preferences, or take any steps other than sending a reply e-mail message or visiting a single Internet webpage to opt out of receiving future messages from a sender.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  House Panel Questions Gutierrez Over Commerce's Internet Oversight
·  Texas AG Sues Screen Saver Online Vendor Over Allegedly Deceptive Spyware Practices
·  Internet Advertisers Fined $400,000 for Violating Washington Spyware Law
·  Microsoft Will Appeal Large EU Fine for Not Honoring 2004 Antitrust Ruling
·  Difficult-but-Not-Impossible Damages Inquiry Will Not Support Injunction in Hacking Case
·  Commercial Contract's Class Action Waiver May Be Unconscionable in California
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
No Free Speech Violation in Firing Worker Who Sent E-Mail from School Computer 
 
The University of Virginia did not violate an employee's First Amendment rights when it fired her after she sent an e-mail on her school account from a work computer to university employees regarding a school pay restructuring plan, the U.S. Court of Appeals for the Fourth Circuit ruled May 2 in an unpublished opinion.  The e-mail sent by university human resources employee Dena Bowers passed on information on the alleged salary restructuring that she had received from the NAACP, which opposed the plan.  The school said that the e-mail was taken to be an official HR department communication "causing confusion and disruption in the workplace."  Bowers v. Scurry, 2008 ILRWeb (P&F) 1807.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Legislator Urges Passage of Online Protection Bill
·  Unsubstantiated Web Comments Calling Company 'Spammer' May Show Actual Malice
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Conyers, Lofgren Introduce Bill to Require Broadband Net Neutrality 
 
House Judiciary Committee Chairman John Conyers (D-Mich.) and Rep. Zoe Lofgren (D-Calif.) May 8 introduced a bill (H.R. 5994) that would establish an antitrust remedy for discrimination by broadband service providers.  According to a joint statement, the legislation would require Internet service providers to interconnect with the facilities of other network providers, and operate their network, on a reasonable and nondiscriminatory basis.  The bill would ensure that all content, applications, and services are treated the same and have an equal opportunity to reach consumers, it stated.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Canadian Telecom Agency Denies Bell's Request to Vary Review Criteria for Forbearance
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Privacy Complaint Charges Canadian ISPs Monitor Online Subscribers Without Consent 
 
Major Internet service providers in Canada are violating their subscribers' privacy by monitoring customer online activities without their consent, according to a May 9 complaint filed by the Canadian Internet Policy and Public Interest Clinic with the Office of the Privacy Commissioner of Canada. Bell Canada and other major ISPs, including Rogers Communications, Inc., Shaw Communications, Inc., and Cogeco Cable, Inc., have been monitoring subscribers' Internet activities through deep packet inspection (DPI) technology since October 2007, but refuse to indicate how much personal information is being collected, Philippa Lawson, the public interest group's executive director, said in a May 9 statement.  In re Bell Canada/Bell Sympatico Use of Deep Packet Inspection: PIPEDA Complaint, 2008 ILRWeb (P&F) 1808.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Senators Press DHS on Use of Contractors for Cybersecurity Initiative Support Services
·  CDT's Schwartz Appointed to NIST Privacy Board
·  New Iowa Data Breach Notification Law Contains Risk of Financial Harm Trigger
·  New Law Grants U.K. Information Office Power to Impose Fines for Data Breaches
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
New York Tax Department Clarifies New Internet Sales Tax Requirements 
 
The New York State Department of Taxation and Finance May 8 issued a guidance memo (TSB-M-08(3)S) explaining the state's new law requiring certain Internet retailers to collect sales taxes on online sales.  The new law requires that Internet retailers register as sales tax vendors and collect sales taxes on sales, if they enter into agreements with individuals or companies in New York to refer customers to their websites.  The guidance memo came just weeks after Amazon.com sued the state to have the new law declared unconstitutional.  Subscribers read more ...

Other Taxation news: 
 
·  Ohio Plans to Collect $2.1 Million in Tax, Sends Bills to Online Cigarette Purchasers
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Online Comments About Ohio Company Provide Contacts for Jurisdiction There 
 
An individual who posted allegedly defamatory comments about an Ohio company on numerous Internet bulletin boards is subject to the jurisdiction of an Ohio court in a lawsuit arising from those comments, the Ohio Court of Appeals held April 18.  Judge William B. Hoffman, writing for the court, held that Roberts' comments provided the requisite minimum contacts for specific personal jurisdiction because he posted them to purposefully injure the company, which he knew was located in Ohio.  Kauffman Racing Equipment, L.L.C. v. Roberts, 2008 ILRWeb (P&F) 1703.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Website Maps Do Not Support Personal Jurisdiction
·  Jurisdiction Proper When Website Makes Forum Sales, Targets Criticism
 
Subscribers may search ILR's Jurisdiction & Procedure database

Latest Cases 
 
·  Bowers v. Scurry, 2008 ILRWeb (P&F) 1807 [4th Cir] (No free speech violation in firing worker who sent e-mail from school computer)
·  Capitol Records, Inc. v. Weed, 2008 ILRWeb (P&F) 1699 [D Ariz] (File-sharing defendant permitted to proceed on CFAA, invasion of privacy counterclaims)
·  Columbia Pictures Industries, Inc. v. Bunnell, 2008 ILRWeb (P&F) 1801 [CD Cal] (TorrentSpy faces injunction, $111 million damages)
·  Doe v. Friendfinder Network, Inc. (Order Denying Motion for Reconsideration), 2008 ILRWeb (P&F) 1805 [D NH] (Court declines to reconsider the part of its ruling holding that the CDA immunizes website operators from liability for certain allegedly defamatory postings)
·  Facilitating the Provision of Fixed and Mobile Broadband Access, Educational and Other Advanced Services in the 2150-2162 and 2500-2690 MHz Bands (Final Rule; Declaratory Ruling), 2008 ILRWeb (P&F) 1815 [FCC] (FCC continues its efforts to transform its rules and policies governing the licensing of the Educational Broadband Service (EBS) and the Broadband Radio Service (BRS) in the 2495-2690 MHz (2.5 GHz) band)
·  Kauffman Racing Equipment, L.L.C. v. Roberts, 2008 ILRWeb (P&F) 1703 [Ohio Ct App] (Online comments about Ohio company provide contacts for jurisdiction there)
·  MaxPower Corp. v. Abraham, 2008 ILRWeb (P&F) 1707 [WD Wis] (Difficult-but-not-impossible damages inquiry will not support injunction in hacking case)
·  Renaissance Health Publishing, LLC v. Resveratrol Partners, LLC, 2008 ILRWeb (P&F) 1705 [Fla Dist Ct App] (Florida jurisdiction proper when website makes sales, directs criticism there)
·  Renhcol, Inc. v. Don Best Sports, 2008 ILRWeb (P&F) 1697 [ED Tex] (Infringement liability possible in offshore Internet sports handicapping operations)
·  Roberts, In re, 2008 ILRWeb (P&F) 1803 [TTAB] (Use of a term as part of a domain name alone does not constitute use as an indicator of the source of goods or services that can be registered with the PTO)
·  Silverstein v. E360Insight, LLC, 2008 ILRWeb (P&F) 1813 [CD Cal] (Unsubstantiated web comments calling company 'spammer' may show actual malice)
·  Stinnett v. Atlantic City Showboat, Inc., 2008 ILRWeb (P&F) 1701 [ED Pa] (N.J. casino website featuring directions from Philadelphia does not establish minimum contacts for jurisdiction in Pennsylvania)
·  Subpoena Duces Tecum to AOL, LLC, In re, 2008 ILRWeb (P&F) 1713 [ED Va] (ECPA prohibits AOL from producing e-mails in response to civil discovery subpoena)
·  Syncsort, Inc. v. Innovative Routines International, Inc., 2008 ILRWeb (P&F) 1711 [D NJ] (Single reference to rival's trademark in website metatag deemed fair use)
·  Telecom Decision CRTC 2008-38 (Bell Aliant Regional Communications, Limited Partnership and Bell Canada – Application to review and vary part of Telecom Decision 2007-35), 2008 ILRWeb (P&F) 1809 [CRTC] (Canadian telecom agency denies Bell's request to vary review criteria for forbearance)
·  Washington, State of v. SecureLink Networks, LLC, 2008 ILRWeb (P&F) 1811 [Wash Super Ct] (Internet advertisers fined $400,000 for violating Washington spyware law)
·  Yahoo! Litigation, In re, 2008 ILRWeb (P&F) 1709 [CD Cal] (Commercial contract's class action waiver may be unconscionable in California)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Atlantic Recording Corp. v. Project Playlist, Inc. (Complaint), 2008 ILRWeb (P&F) 1616 [SD NY] (RIAA sues digital music aggregator, playlist service)
·  Bell Canada/Bell Sympatico Use of Deep Packet Inspection: PIPEDA Complaint, In re, 2008 ILRWeb (P&F) 1808 [Can Priv Comm'r] (Canadian public interest group asks Privacy Commissioner to investigate whether ISP use of "Deep Packet Inspection" violates Canada's privacy law)
·  Faulkner Press, L.L.C. v. Class Notes, L.L.C. (Complaint), 2008 ILRWeb (P&F) 1624 [ND Fla] (Publisher of college course study guides sues competitor for copyright infringement arising from college professor's lectures and website)
·  Texas, State of v. McLaughlin (Plaintiff's Original Petition), 2008 ILRWeb (P&F) 1804 [Tex Dist Ct] (Texas AG sues screen saver online vendor over allegedly deceptive spyware practices)
·  Zango, Inc. v. Kaspersky Lab, Inc. (Brief Amici Curiae of the Anti-Spyware Coalition, et al. in Support of Appellee), 2008 ILRWeb (P&F) 1806 [9th Cir] (Amici argue that providers of anti-spyware software and services fall within the scope of CDA immunity)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

VoIP in the Business World: Market Forecast and Analysis - New!
This report compares the business-class VoIP offers from six carriers, detailing both the services for large enterprises and SMBs. We then project the market opportunity out to 2012, forecasting both numbers of business-class VoIP lines and resulting revenues. We predict that AT&T, Verizon and Qwest will capture the biggest share of large enterprises as VoIP customers, but will face competition in the SMB space from a variety of new entrants. Nine tables and charts are included.

Mobile Multimedia Service and Price Comparison 
In this report we closely examine the video/multimedia offerings and pricing schemes among the top wireless service providers, including AT&T, Verizon Wireless and Sprint Nextel. We rate each provider's offerings on ease of use, price, value and variety of content. AT&T and Verizon Wireless get the highest overall ratings.

Events & Conferences 
 
Broadband Policy Summit IV - Navigating the Digital Revolution
Seats Are Going Fast - Register Now!
The Westin Embassy Row, Washington, D.C., June 12 -13, 2008
Reserve your seat today at Washington's preeminent annual policy forum.  BPS IV will once again play host to the nation's top federal, state, and private sector players who will discuss and debate the critical issues facing the broadband industry, including the 700 MHz spectrum auction, wireless broadband, network management/net neutrality, broadband deployment and more.  Confirmed keynotes include FCC Commissioner Michael J. Copps, FTC Commissioner J. Thomas Rosch, Ambassador David Gross and Rep. Cliff Stearns (R-FL).  View the Summit program.  Group, academic and gov't rates available.  Interested in sponsoring?  Contact Todd Dale. 


Digital Risk Management Forum: Overcoming Legal Hurdles in the Web 2.0 World
September 16 - 17, 2008 - AED Conference Center - Washington, D.C.
Join us for our second annual legal forum on existing and potential liabilities facing Web 2.0 businesses.  We've expanded our program to include a half-day workshop on Web 2.0 essentials, and we've included panels addressing best practices for monetizing applications tied to personal information, legal remedies for victims of online gossip and rumor, proactive steps for avoiding Attorney General subpoenas, plus a whole lot more!  View the entire program.  Interested in participating in or sponsoring this legal symposium?  Contact Meg Hargreaves at 301-562-1530 x 229.

View all Events & Conferences

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