Latest News 
 
INTELLECTUAL PROPERTY
 
Hyperlinks to Competing Products on Page with Mark May Support Infringement Claim

An online company may have initially confused consumers by providing links to its products on a webpage despite listing another company as a "featured brand," the U.S. District Court for the Middle District of Pennsylvania held Jan. 12.  Judge A. Richard Caputo said that because the plaintiff company, Leachco, Inc., might be able to show that BabyAge.com used the Leachco mark to lure in customers, only to divert them to other products, it was possible Leachco could establish likelihood of confusion and succeed on an infringement claim.  BabyAge.com, Inc. v. Leachco, Inc., 2009 ILRWeb (P&F) 1019.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Mark Used on Rival's Site Actionable as Infringement
·  Delaware Court Rules on Disputed Terms in Software Patent Suit Against H&R Block
·  Video Site's Investors Not, on Role Alone, Liable for Alleged Infringements
·  Brand Owners Want Congressional Review of New gTLD Program's Costs, Ramifications
·  Italian Authority Metes Out Fine to ISP for Limiting P2P Transfers
·  ICANN Addresses Public Concerns About New Domains: 'We Are Listening'
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Hotels.com, Expedia.com Agree to Enhance Website Accessibility for Disabled Travelers

Hotels.com and Expedia.com have agreed to improve their online travel sites to settle a lawsuit alleging the sites refused to guarantee disabled travelers accessible rooms under a settlement approved Jan. 15.  Civil rights attorneys alleged Hotels.com did not allow mobility-impaired individuals to search for accessible features, such as doorways wide enough for a wheelchair, or make reservations guaranteeing that an accessible room would be available to them at the discounted rates offered to other customers.  Smith v. Hotels.com L.P. (Settlement Agreement), 2009 ILRWeb (P&F) 1093.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Worker Delay in Returning Company Laptops Is CFAA 'Loss,' Alleged Deletions 'Damage'
·  Agreement Banning Competitive References Not Breached by Anonymous Web Comments
·  Independent Review of ICANN's .xxx Rejection Could Be Completed by May
·  N.Y. Bill Would Define Computers as Potential 'Gambling Devices,' Prohibit Online Gambling
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Italian Municipality Files Secondary Suit Connected to Claims Against Google Officials

The ombudsman for the Municipality of Milan said Feb. 5 that his office filed a secondary lawsuit against four top officials of Google, Inc. who are on trial in Milan for alleged criminal defamation and civil privacy violations.  Ombudsman Alessandro Barbetta explained that his office tacked a civil suit onto the criminal trial against Google officials filed by Milan prosecutors.  The ombudsman's claim could increase any final monetary settlement by 50 percent.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  Spanish DPA Fines YouTube Video Poster Who Failed to Gain Data Subject's Consent
·  Florida Bill Would Require ISPs to Let Parents Block Minors' Internet Access
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Senate Cuts Broadband Funding Proposed in Economic Stimulus Bill

In an effort to win votes for the overall economic stimulus and recovery package (H.R. 1), Senate negotiators late Feb. 6 cut funding for broadband infrastructure grants from $9 billion to $7 billion.  Separately, the Congressional Budget Office estimated that the vast majority of the grant funds could not be disbursed over the next two years, but would take seven years.  Subscribers read more ...

Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
State Officials Say High Number of Sex Offenders on MySpace Is Cause for Concern

In response to a subpoena, the social networking site MySpace has identified approximately 90,000 convicted and registered sex offenders using its service, attorneys general from Connecticut and North Carolina announced Feb. 3.  According to Roy Cooper (D), North Carolina's attorney general, the revelation highlights the need for improving child protection on social networking sites through the use of additional technology and safety tools.  In addition, he said, the information casts doubt on certain findings in a recent task force report that he said downplayed the threat of sexual predators on social networking sites.  Subscribers read more ...

Other Privacy & Security news: 
 
Analysis & Perspective:    The Promise and Perils of Deep Packet Inspection, by Samir Jain, WilmerHale, Washington, D.C.
·  Web Companies Sign EU Self-Regulatory Pact on Privacy Principles for Social Networking
·  Complying with Data Protectionist Rules Chief Policy Challenge, Deloitte Survey Says
·  Boucher Could Pursue Privacy Legislation in New Role as Internet Subcommittee Chair
·  Obama Orders Cybersecurity Review of Government, Hathaway Is Named Leader
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Missouri Addresses In-State Sales Orders by an Out-of-State Seller

Customer orders placed via the Internet or by telephone to a company's out-of-state office are subject to state and local use tax when the products are shipped from the company's out-of-state distribution center, the Missouri Department of Revenue advised Dec. 18.  Missouri Department of Revenue Letter Ruling No. 5259 (Out-of-State and In-State Sales), 2008 ILRWeb (P&F) 3301.  Subscribers read more ...

Other Taxation news: 
 
·  Illinois Rules on Software Licenses Exempt from Retailers' Occupation Tax
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Specific Jurisdiction Based on Website Requires Actual Knowledge of Forum Harm

In the Ninth Circuit, a nonresident infringing a trademark on a website must know that the mark owner resides in a state in order for specific personal jurisdiction to arise there, the U.S. District Court for the Northern District of California held Jan. 23.  Because there was no evidence that an Arizona-based company operating an attorney-advertising website knew a competitor operating under a similar name was located in California, it did not purposefully direct its alleged infringing activities there for purposes of the jurisdiction analysis.  Advice Co. v. Novak, 2009 ILRWeb (P&F) 1095.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  Metadata Associated with Police Department Official Notes Not 'Public Records' in Arizona
·  Web Service Must Preserve Relevant Data Upon Request, Even If Not Routinely Retained
·  Website Offering Franchise Opportunities Does Not Support Jurisdiction in New Jersey
·  Website Sales Not Enough for Jurisdiction Wherever Infringing Products Are Later Sold
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Use of Internet to Obtain Illegal Content Qualifies as Act in Interstate Commerce

Evidence that a defendant used an online peer-to-peer file-sharing service to download child pornography was sufficient for a jury to find he received it through interstate commerce, the U.S. Court of Appeals for the First Circuit held Feb. 2.  The government was not required to track the path of the content across the Internet in order to show the defendant received it through interstate commerce, Judge Jeffrey R. Howard said, noting the Fifth and Third Circuits have also held evidence of Internet transmission meets the interstate commerce requirement.  United States v. Lewis, 2009 ILRWeb (P&F) 1201.  Subscribers read more ...

Other Criminal Liability news: 
 
·  Italian Court Mulling Criminal Case Against Top Google Officials, Including Privacy Chief
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Advice Co. v. Novak, 2009 ILRWeb (P&F) 1095 [ND Cal] (Nonresident infringing a trademark on a website must know that the mark owner resides in a state in order for specific personal jurisdiction to arise there)
·  Arista Records LLC v. Usenet.com, Inc., 2009 ILRWeb (P&F) 1089 [SD NY] (Online newsgroup service must preserve data about subscribers' music file uploads and downloads upon request, even if not routinely retained)
·  BabyAge.com, Inc. v. Leachco, Inc., 2009 ILRWeb (P&F) 1019 [MD Pa] (Hyperlinks to competing products on page with mark may support infringement claim)
·  Carrie v. Tolkien, 2009 ILRWeb (P&F) 1079 [High Ct Just, QB (UK)] (Claimant's failure to remove allegedly defamatory posting from his own blog warrants dismissal of libel action)
·  Illinois Department of Revenue Letter Ruling No. ST 08-0197-GIL, 2008 ILRWeb (P&F) 3303 [Ill Dep't Rev] (Illinois rules on software licenses exempt from retailers' occupation tax)
·  Indiaweekly.com LLC v. Nehaflix.com, Inc., 2009 ILRWeb (P&F) 1081 [D Conn] (Allegations that online Indian video store displayed competitor's trademarks on its website to appear in search engine hits state an actionable trademark infringement claim)
·  Kepner-Tregoe, Inc. v. Tracy Learning, Inc., 2009 ILRWeb (P&F) 1099 [D NJ] (Website offering franchise opportunities does not support jurisdiction in New Jersey)
·  Lake v. City of Phoenix, 2009 ILRWeb (P&F) 1087 [Ariz Ct App] (Metadata associated with police department official records are not "public records" under Arizona's freedom of information law)
·  Lasco Foods, Inc. v. Hall and Shaw Sales, Marketing, & Consulting, LLC, 2009 ILRWeb (P&F) 1085 [ED Mo] (Former employees' delay in returning company laptops is CFAA 'loss,' alleged deletions 'damage,' but case dismissed because employer failed to allege unauthorized access)
·  Microsoft Corp. v. Pronet Cyber Technologies, Inc., 2009 ILRWeb (P&F) 1103 [ED Va] (Defendants "knowingly" trafficked in counterfeit labels in violation of 18 USC §2318, even though they did not "know" that their conduct was unlawful)
·  Missouri Department of Revenue Letter Ruling No. 5259 (Out-of-State and In-State Sales), 2008 ILRWeb P&F) 3301 [Mo Dep't Rev] (Customer orders placed via Internet or telephone to company's out-of-state office are subject to state and local use tax when the products are shipped from the company's out-of-state distribution center)
·  North American Bushman, Inc. v. Saari, 2009 ILRWeb (P&F) 1091 [MD Pa] (Agreement prohibiting litigating parties from using each others' names and trademarks for business purposes is not breached by comments on one party's open web forum that simply mention the other's name)
·  Richter v. INSTAR Enterprises International, Inc., 2009 ILRWeb (P&F) 1101 [ND Ill] (Website sales not enough for jurisdiction wherever infringing products are later sold)
·  Simplification, LLC v. Block Financial Corp., 2009 ILRWeb (P&F) 1083 [D Del] (Court rules on disputed terms in software patent suit against H&R Block)
·  Smith v. Hotels.com L.P. (Settlement Agreement), 2009 ILRWeb (P&F) 1093 [Cal Super Ct] (Hotels.com, Expedia.com agree to enhance website accessibility for disabled travelers)
·  UMG Recordings, Inc. v. Veoh Networks, Inc., 2009 ILRWeb (P&F) 1203 [CD Cal] (Investors serving on board of directors for online video-sharing service cannot be held liable for alleged copyright infringement)
·  United States v. Lewis, 2009 ILRWeb (P&F) 1201 [1st Cir] (Evidence that defendant used online P2P file-sharing service to download child pornography was sufficient for a jury to find he received it through interstate commerce)
·  WebMD, LLC v. RDA International, Inc., 2009 ILRWeb (P&F) 1097 [NY Sup Ct] (Internet advertising contract guaranteed only a certain number "visitors"—not "unique" visitors—to plaintiff's site)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Sony BMG Music Entertainment, In re (Amicus Curiae Brief of Electronic Frontier Foundation, et al., in Support of Respondents), 2009 ILRWeb (P&F) 1022 [1st Cir] (Amici ask court to permit live webcasting of hearing in P2P infringement case)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Preparing for Web 3.0: A Business Primer for The Next Generation Internet Environment – New!
The next generation of the World Wide Web will evolve rapidly and dynamically over the next few years as the Internet infrastructure develops and expands. New technologies and applications such as intelligent search, cloud computing and ubiquitous connectivity will dramatically impact the business practices of broadband service providers. The time for investigation into so-called "Web 3.0" applications is now. This report provides forward-looking insights and analysis of the next-generation Web to arm the reader with greater situational awareness. We also identify some of the companies and individuals who will be key players in the new Web environment, including Google, IBM, Microsoft, Apple and AT&T.  Learn More   Order Now

Broadband Competition Outlook 2009
The cable industry and telephone companies are facing some unsettling prospects in terms of customer growth and revenue increases – all the result of the economic downturn. Consumers are spending less as their job security becomes more tenuous and their discretionary income plummets. This stands to put a damper on spending for communications products and services in 2009. In this report, we offer more details on these trends and provide our forecasts on customer growth for new multichannel video services, high-speed Internet, IP telephony, and the features and applications that ride on those technologies. Among our projections is a forecast of 5.7 million new broadband households - down 12% from 2008 levels.  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 takes 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


Global IP Exchange 2009
On February 22, 2009, Chief Intellectual Property Counsel from across the country will be gathering in Austin, Texas at the Barton Creek Resort, to meet, share information and receive expert advice from the world's leading minds in Intellectual Property. The third annual Global IP Exchange will present three days of engaging peer-level executive discussions, unique case-studies from leading corporations, and personalized meetings with experts in the industry. The unique format of the Exchange allows you to customize your own itinerary, ensuring that every session, advisory meeting and roundtable you attend is tied to your specific responsibilities and objectives. With this year's outstanding speaking faculty that includes John Doll, the Commissioner of Patents, USPTO (key note address) along with other industry leaders from 3M, Goodrich, Nortel, IBM, Palm, P&G and Time Warner, you will certainly be in good company.

View all Events & Conferences

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