Your Trademark as a Top Level Domain — Opportunities & Risks

Taking Trademarks to the Top Domain: Opportunities and Risks in the New gTLD Space - Interactive Webinar
February 5, 2009 | 2:00 – 3:30 p.m. EST
This webinar, co-sponsored by Pike & Fischer and the ABA Section of Intellectual Property Law, will address ICANN's forthcoming roll-out of new generic top-level domains (gTLDs). Join ABA Committee Chair Anthony Biller, along with Yahoo!'s J. Scott Evans, NeuStar's Jeff Neuman, Expedia's Tamara Reznik, and Covington & Burling's Kristina Rosette, as they assess the opportunities and risks for trademark owners in these new namespaces. Register your entire staff for one low price to secure actionable insight and take-away recommendations. Learn more. Reduced rates available for ILR subscribers.
 

Latest News 
 
INTELLECTUAL PROPERTY
 
DMCA §512(c) Safe Harbor Reaches Beyond 'Storage' to Cover Access-Enhancing Services 
 
The Digital Millennium Copyright Act's safe harbor, at 17 USC §512(c), shields online service providers from liability for infringing content uploaded by their users, even if they manipulate that content to facilitate access, the U.S. District Court for the Central District of California held Dec. 29.  Though the safe harbor provision does mention "storage," precluding monetary penalties against service providers "for infringement of copyright by reason of storage at the direction of a user," the court concluded Congress did not intend to strictly limit it to service providers' content "storage."  UMG Recordings, Inc. v. Veoh Networks, Inc., 2008 ILRWeb (P&F) 3251.  Subscribers read more ...

Other Intellectual Property news:
 
·  Trademark Owners Blast ICANN's New gTLD Program as Unnecessary, Undeveloped
·  YouTube Ad Program Shows Site Can Prevent Piracy
·  New Trademark Law Applied to Earlier-Filed eVisa Dispute; Court Holds Word Still Diluting
·  Most Pew Survey Respondents Believe DRM Will Not Lock Down Content by 2020
·  Recording Industry to Discontinue Litigation Program, Cites Changing Marketplace
·  Knowledge of Gray Market Risks Supports Vicarious, Contributory Infringement Liability
·  Contributory Patent Infringement, Inducement Analysis Based on Sony, Grokster Principles
·  Psystar Argues Apple Misused Its Mac OS Copyrights
·  Closed Music Stores, Investigations, Linux Problems Yield Calls for DMCA Exemptions
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Online Payment Confirmations Not Bound by FACTA's Receipt Restrictions 
 
Online retailers are not required to comply with terms in the Fair and Accurate Credit Transaction Act that prohibit the printing of credit card expiration dates on receipts, the U.S. District Court for the Southern District of Florida held Dec. 9.  Judge James Lawrence King, considering holdings going both ways, concluded by examining the statute in context that FACTA's restriction on "printing" credit card information on receipts, at 15 USC §1681(c), was intended to cover paper receipts printed by merchants' cash registers, not payment confirmations displayed on-screen after an Internet purchase.  Smith v. Zazzle.com, Inc., 2008 ILRWeb (P&F) 3235.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Per Roommates.com, MySpace, CDA Controls Unless Host Requires Illegal Content
·  Software Firm, Two Cell Phone Providers Settle DA Allegations of Illegal 'Spoofing'
·  Employee's Information Misuse, Harm to Corporate Interests Not Covered by CFAA
·  Ninth Circuit Certifies Spam Issue to State Court
·  Ireland Increases Spam Fines to Combat Unsolicited Electronic Communications
·  Tenth Circuit Turns Back Commerce Clause Objection to State Internet Payday Loan Law
·  ICANN Updates Whois Complaint Process
·  Commenters Urge ICANN to Adopt Better Whois in New Domain Initiative
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Second Circuit Concludes Government Must Solicit Review of Contested NSL Gag Orders 
 
The "gag order" feature of the FBI's issuance of "national security letters" to Internet service providers seeking information about their customers violates the First Amendment, the U.S. Court of Appeals for the Second Circuit held Dec. 15. However, those constitutional problems can be resolved, the Second Circuit said, by narrowing constructions of the NSL provisions to avoid the First Amendment and separation of powers problems identified by the district court.  John Doe, Inc. v. Mukasey, 2008 ILRWeb (P&F) 3217.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Americans in Paris Push 'Global Network Initiative' as Answer to Oppressive Regimes
·  Web Newspaper Granted Standing to Assert Anonymous Posters' First Amendment Rights
·  Student Seeks Expungement of Cyberbullying Record
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Broadband, Digital Transition Among Few Issues Expected to Move 
 
The new chairmen of the Senate and House Commerce committees, Sen. John Rockefeller (D-W.Va.) and Rep. Henry Waxman (D-Calif.), respectively, will have the biggest impact on the legislative agenda in 2009, which is to say that very few communications bills are likely to emerge this year.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Canadian Internet Providers Urge Continuation of 'New Media' Regulatory Exemption
·  Canadian Regulator Rejects Forbearance Challenge, Partially Approves Internet Speed Request
·  AT&T Receives First GSA Award for Trusted Internet Connection Services
·  European Commission Gives Reluctant OK to Spanish Proposal for Broadband Rollout
·  2009 to Bring New FCC Chairman, New NTIA Director, Hope for a Better Direction
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Data Collection by Online Firms Expected to Be Top Privacy Issue 
 
The monitoring of consumers' web activity for marketing purposes is expected to be a top privacy issue in 2009.  Congress and the Federal Trade Commission already are keeping a close watch on the online advertising industry because of concerns that it is storing up huge amounts of data on Internet users, without adequate consumer protections.  Now, with Democrats promising to bring change in a number of areas, privacy advocates are hoping the time is ripe for convincing policymakers that self-regulation by online marketers is not working.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  FTC Recommends National Data Security, Breach Notification, Authentication Standards
·  Yahoo to Apply New Restrictions to Data Collected on Internet Users
·  German Internet Use Tracking Company Awarded European Privacy Trust Mark
·  Consumers Most Trust American Express to Protect Privacy, Ponemon Survey Finds
·  New Jersey Publishes Pre-Proposal Draft of Revised Computer Security Rules
·  FAQs on Binding Corporate Rules Issued, Range of Privacy Issues Discussed by Art. 29
·  India's Lower House Passes IT Act Amendments to Protect Data
·  Nevada Senate to Consider ECPA-Like Access Rules
·  Data Security Legislation Expected to Face Big Challenges
·  Senator Could Revisit Spyware Despite Potential Battle with Industry
 
Subscribers may search ILR's Privacy & Security database 

JURISDICTION & PROCEDURE 
 
Australian Court Allows Foreclosure Documents to Be Served Via Facebook 
 
One of Australia's highest courts Dec. 16 allowed legal papers to be served on two defendants via their Facebook accounts.  Legal firm Meyer Vandenberg Lawyers Dec. 12 obtained permission from the Supreme Court of the Australian Capital Territory to serve the court's judgment in a loan default matter via Facebook, following numerous failed attempts to serve it on them in person.  Capital v. Corbo (Order of Service), 2008 ILRWeb (P&F) 3231.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Website's Content About Defamation Plaintiff Does Not Create Jurisdiction Where She Lives
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Record-Keeping Rules for Sexually Explicit Content Again Exclude Most Web Services 
 
A final rule issued Dec. 18 by the Department of Justice setting record-keeping, labeling, and age-verification requirements for "producers" of sexually explicit content appears to exclude most Web services, including YouTube and "adult" social networking sites that do not select or alter user submissions.  The regulations are intended to ensure that all individuals displayed in sexually explicit media are of legal age, and require producers to retain information verifying the ages and identities of those displayed, and to provide labels indicating where that information is.  Subscribers read more ...
 
Other Criminal Liability news: 
 
New Criminal Liability Overview: Criminal Law and the Internet, by Ben Vernia and Mali Friedman, Covington & Burling LLP, and M. Ryan Calo, Center for Internet and Society at Stanford Law School
·  Mobility, Teleworking Make Networks More Vulnerable, According to Cisco
·  New York Bill Would Prohibit Use of Rogue Software
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Capital v. Corbo (Order of Service), 2008 ILRWeb (P&F) 3231 [ACT Sup Ct] (Australian court allows foreclosure documents to be served via Facebook)
·  CLRB Hanson Industries, LLC v. Google, Inc., 2008 ILRWeb (P&F) 3221 [ND Cal] (AdWords customers have standing to bring claims that Google's practice of charging customers up to 120% of an advertising "Daily Budget" constitutes unfair competition)
·  Condux International, Inc. v. Haugum, 2008 ILRWeb (P&F) 3233 [D Minn] (Employee's information misuse, harm to corporate interests not covered by CFAA)
·  CRTC Telecom Decision 2008-117 (Cybersurf Corp.), 2008 ILRWeb (P&F) 3223 [CRTC] (ILECs must provide speeds for wholesale asymmetric DSL services that match the speeds made available to their retail Internet service customers)
·  CRTC Telecom Decision 2008-118 (MTS Allstream, Inc.), 2008 ILRWeb (P&F) 3225 [CRTC] (Ruling deregulating the provision by incumbent providers of wholesale broadband Internet services is upheld)
·  Enterline v. Pocono Medical Center, 2008 ILRWeb (P&F) 3219 [MD Pa] (Web newspaper granted standing to assert anonymous posters' First Amendment rights)
·  Goddard v. Google, Inc., 2008 ILRWeb (P&F) 3255 [ND Cal] (CDA controls unless host requires illegal content)
·  John Doe, Inc. v. Mukasey, 2008 ILRWeb (P&F) 3217 [2d Cir] (Second Circuit concludes government must solicit review of contested NSL gag orders)
·  Kleffman v. Vonage Holdings Corp. (Order Certifying Question to California Supreme Court), 2008 ILRWeb (P&F) 3237 [9th Cir] (Court asks California Supreme Court to clarify whether state's anti-spam law prohibits e-mail marketers from sending e-mails from multiple domain names to bypass spam filters)
·  Kruska v. Perverted Justice Foundation, Inc., 2008 ILRWeb (P&F) 3245 [D Ariz] (Website's content about defamation plaintiff does not create jurisdiction where she lives)
·  Kwik-Sew Pattern Co. v. Gendron, 2008 ILRWeb (P&F) 3091 [WD Mich] (Plaintiff not entitled to award statutory damages under 15 USC §1117(d) where no ACPA claim is alleged)
·  LiveUniverse, Inc. v. MySpace, Inc., 2008 ILRWeb (P&F) 3247 [9th Cir] (Social networking site failed to state a claim for monopolization, attempted monopolization, or unfair competition against competitor MySpace)
·  Mardas v. New York Times Co., 2008 ILRWeb (P&F) 3227 [High Ct Just, QB (UK)] (Plaintiff can proceed with defamation case in England based on a "few dozen hits" to an article published on the Web)
·  Microsoft Corp. v. Ram Distribution LLC, 2008 ILRWeb (P&F) 3241 [ED Wis] (Knowledge of gray market risks supports vicarious, contributory infringement liability)
·  Quik Payday, Inc. v. Stork, 2008 ILRWeb (P&F) 3215 [10th Cir] (Tenth Circuit turns back Commerce Clause objection to state Internet payday loan law)
·  Ricoh Co. v. Quanta Computer, Inc., 2008 ILRWeb (P&F) 3243 [Fed Cir] (Contributory patent infringement, inducement analysis based on Sony, Grokster principles)
·  Smith v. Zazzle.com, Inc., 2008 ILRWeb (P&F) 3235 [SD Fla] (Online retailers are not required to comply with terms in the FACTA that prohibit the printing of credit card expiration dates on receipts)
·  Telecommunications Relay Services, Speech-to-Speech Services, E911 Requirements for IP-Enabled Service Providers (Final Rule), 2008 ILRWeb (P&F) 3253 [FCC] (Commission addresses several issues relating to system assigning users of Internet-based Telecommunications Relay Service, specifically Video Relay Service and Internet-Protocol Relay, ten-digit numbers linked to the North American Numbering Plan)
·  UMG Recordings, Inc. v. Veoh Networks, Inc., 2008 ILRWeb (P&F) 3251 [CD Cal] (Online video upload service qualifies for safe harbor immunity under DMCA §512(c))
·  United States v. Whorley, 2008 ILRWeb (P&F) 3229 [4th Cir] (Statute criminalizing receipt of obscene materials via computer does not violate First Amendment)
·  Visa International Service Association v. JSL Corp., 2008 ILRWeb (P&F) 3239 [D Nev] (Trademark dispute involving the level of dilution—actual or likely—should be decided under the federal Trademark Dilution Revision Act of 2006, even though the case was filed before the act was enacted)
·  Visible Systems Corp. v. Unisys Corp., 2008 ILRWeb (P&F) 3249 [1st Cir] (Jury could rationally have found a likelihood of reverse confusion given junior user's large online presence)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Apple, Inc. v. Psystar Corp. (Defendant's Notice of and Motion for Leave to Amend), 2008 ILRWeb (P&F) 3208 [ND Cal] (Company sued by Apple for selling computers running on unauthorized versions of Mac OS software alleges Apple misused its copyrights by leveraging them to force Mac software purchasers to use Apple hardware)
·  Evans v. Bayer (Complaint), 2008 ILRWeb (P&F) 3202 [SD Fla] (Student seeks expungement of cyberbullying record)
·  Football Association Premier League Ltd. v. YouTube, Inc. (Second Amended Class Action Complaint), 2008 ILRWeb (P&F) 3048 [SD NY] (Copyright owners allege recent advertising partnerships announced between YouTube and major media outlets show it is aware of, and monetizes, infringement on the service)
·  GateHouse Media Massachusetts I, Inc. v. New York Times Co. (Complaint), 2008 ILRWeb (P&F) 3210 [D Mass] (Regional newspaper claims that defendant is infringing its copyright and trademarks by posting plaintiff's headlines and marks on defendant's news site)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

High-speed Internet Packaging and Pricing Strategies: 5th Edition - New!
Cable operators have continued keeping broadband prices relatively stable while steadily increasing data rates, and are using short-term discounting and entry-level tiers to attract price-sensitive customers and compete with generally lower DSL prices. But Verizon's FiOS service, which operates over a fiber-to-the-home network, is delivering the most speed for the dollar on both the downstream and upstream, according to our annual analysis of high-speed Internet pricing and promotions. This report includes in-depth examinations of the broadband pricing, bundling and marketing strategies of the top service providers, including Comcast, Time Warner Cable, Cox, Cablevision, Charter, Bright House, Qwest, AT&T and Verizon. The report ranks each provider by maximum speeds provided and by price points, and includes 20 tables and charts of data and analysis.  Learn More  Order Now

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Residential subscriptions to VoIP service have been growing dramatically in the past few quarters, even as growth of other advanced home communications services slows down. We are forecasting that VoIP-connected households should exceed 25 million by the end of the decade, and will grow at about 14% annually over the next few years. In this report, we offer more detailed forecasts plus an analysis of the various residential VoIP services on the market.  Learn More  Order Now

Events & Conferences 
 

Broadband Policy Summit V
Early Bird Discount—Save $100 -- Expires May 18, 2009
Sheraton Crystal City, Arlington, VA, June 18-19, 2009
As the Obama administration prepares to take the reins in Washington, a new age in telecommunications law and policy begins. Broadband Policy Summit V, Washington's preeminent broadband communications policy forum, promises more than ever to be the place to learn how to position your company and clients to thrive in this new broadband environment.  Learn More  Register Now


Taking Trademarks to the Top Domain: Opportunities and Risks in the New gTLD Space - New speakers added
February 5, 2009, 2:00 PM - 3:30 PM EST
ICANN's forthcoming roll-out of new generic top-level domains (gTLDs) generates both excitement and fear in the trademark community.  Mark owners are enthusiastic about the seemingly limitless opportunities for brand recognition and online security in a domain of their own, but that enthusiasm is tempered by fears that current practices for trademark enforcement will be inadequate to cover these new namespaces.  Pike & Fischer has assembled top legal experts to help trademark owners weigh these opportunities and risks in advance of the new gTLD expansion.  Learn More  Register Now
Reduced rates available for ILR subscribers.

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