Latest News 
 
INTELLECTUAL PROPERTY
 
Supreme Court to Review Dispute Over Settlement of Freelancers' Post-Tasini Claims

The U.S. Supreme Court will hear a case weighing whether a federal district court may exercise jurisdiction over a settlement between publishers and authors involving copyrighted works that were not registered pursuant to the Copyright Act.  On March 2, the court granted a writ of certiorari in response to a petition challenging the Second Circuit's decision that the district court lacked jurisdiction to approve the settlement of copyright infringement claims that had been left pending while the high court issued its landmark 2001 ruling on digital republication in Tasini.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Internet Broadcasters, Small Webcasters Reach Agreement on Copyright Royalties
·  Senate, House Judiciary Committees Hold Hearings on TV Licensing in the Digital Age
·  Celebrity Name Disputes Under UDRP: Challenges, Contours, Likely Outcomes
·  Copyright Industries Submit Proposals for Special 301 Report to U.S. Trade Officials
·  Microsoft Corp. Asserts Dutch Company Infringes Portable Navigation Device Patents
·  Domainer Capitalizing on Non-Famous Mark Defeats ACPA, Lanham Act Claims
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
New Google Policy Requires Mobile Ads to Contain Price Data, Billing Intervals

Internet giant Google, Inc. has required mobile content text and image advertisers to display their products' prices and billing intervals in ad text, a spokesman for the company said Feb. 25.  The policy change followed discussions with Florida's attorney general, Google said.  In an e-mail, Google told its "AdWords" advertisers that it would not accept text or image ads that did not contain the price and billing interval when promoting mobile content services.  Subscribers read more ...

Other Internet Commerce news: 
 
·  EU Regulator Could Force Microsoft to Offer Competing Internet Browsers
·  Alleged Losses Incurred After Employee Data Misuse Sufficient to Pursue Civil CFAA Claims
·  Commissioner Leibowitz Named Chairman of Federal Trade Commission
·  FACTA's Permissible Statutory Damage Range Does Not Violate Due Process Clause
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Prima Facie Showing, First Amendment Balancing Required to Unmask Speakers

A plaintiff seeking to unmask anonymous speakers must establish a prima facie case of defamation and show the necessity in identifying anonymous parties outweighs their right to speak anonymously, the Maryland Court of Appeals held Feb. 27.  The court adopted a five-part test it said should be applied to balance First Amendment protections with the interests of parties seeking redress for alleged defamation.  Independent Newspapers, Inc. v. Brodie, 2009 ILRWeb (P&F) 1275.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  FTC Warns Consumers About Risks That Virtual Worlds May Pose to Children
·  Site Host Who Posted Third Party E-Mail She Solicited May Fall Outside CDA 230 Immunity
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
President Nominates Genachowski to Serve as Chairman of Federal Communications Commission

President Obama March 3 nominated Julius Genachowski to serve as chairman of the Federal Communications Commission, a position that requires confirmation by the Senate.  "Julius Genachowski is a great pick to lead the agency at this time," commented Jim Cicconi, senior executive vice president of external and legislative affairs at AT&T.  Genachowski's name had been widely circulated as the president's choice for the FCC since the beginning of the year.  Subscribers read more ...

Other Telecommunications news: 
 
·  Where a Defendant Has No Duty to Deal, Price Squeeze Claims Not Viable Under §2
·  NTIA Requests Industry Meetings to Develop Broadband Grant Programs
·  Small Carriers Urge Congress to Allow USF to Support Broadband
·  National Broadband Plan Mandate a 'Very Big Deal' for FCC, Copps Says
·  Broadband Grant Regulations Major Factor in Whether Carriers Apply
·  Carriers Say Net Neutrality Rules Will Stifle Build Out of Broadband
·  Access to Telephony, Internet Increases as Broadband Costs Remain High, ITU Says
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Industry Group Drops Effort to Craft Principles for U.S. Data Privacy Legislation

An industry coalition that includes leading technology companies, such as Microsoft Corp., has decided to abandon efforts to develop a set of principles for omnibus U.S. privacy legislation, a Microsoft official said.  Instead, the coalition is now focused on crafting an industry-wide self-regulatory framework that can be tested over time with a broad range of organizations that collect and use consumers' personal data, according to Microsoft Chief Privacy Strategist Peter Cullen.  Subscribers read more ...

Other Privacy & Security news: 
 
·  APEC Group Proposes Privacy Framework for Regulation of Cross-Border Data Flows
·  Cybersecurity Funds to Increase in FY 2010, According to Obama Budget Proposal Outline
·  New Law's Data Breach Terms Boon to Some, Burden to Others
·  Art. 29: Data Rights Second to Child's Best Interest
·  Argentine Supreme Court Rules Against Law Giving Secret Service Access to E-Mails, Calls
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
SSUTA Board Members Cite Momentum for New States to Make Membership Bids

Bids by Massachusetts and Wisconsin to seek membership in the Streamlined Sales Tax Governing Board, Inc. likely will spur other states to follow suit, governing board members were told during a recent teleconference.  Governing Board President John Doyle of West Virginia said the anticipated Massachusetts petition likely will propel Connecticut to do likewise, judging from recent conversations with Connecticut's House majority leader, Denise Merrill (D).  Subscribers read more ...

Other Taxation news: 
 
·  Fee for Online Training Subject to N.Y. Sales Tax
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Domain Registration with Arizona-Based GoDaddy Did Not Create Jurisdiction There

A California resident's domain name registrations with Arizona-based GoDaddy.com was not a sufficient contact with the state for specific personal jurisdiction there, the U.S. District Court for the District of Arizona held Feb. 2.  Basing jurisdiction solely on domain registrations with GoDaddy would stretch the concept of minimum contacts too far, Judge Stephen M. McNamee explained.  Kruska v. Perverted Justice Foundation, Inc., 2009 ILRWeb (P&F) 1267.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  Infringing Sale Did Not Generate Specific Jurisdiction Since Site Did Not Target State
·  Site Promoting Ohio Event, Selling Tickets to Residents Supports Jurisdiction of Owners
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
EU Organized Crime Body to Examine Legal, Technical Issues in VoIP Wiretaps

At the request of Italian authorities, the European Union will coordinate an examination by member state law enforcement officials of the legal and technical bases officials may use to listen in on Voice over Internet Protocol (VoIP) conversations to fight organized crime, EU officials said Feb. 20.  The EU body Eurojust will coordinate the effort.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Chanel, Inc. v. Guetae, 2009 ILRWeb (P&F) 1271 [D NJ] (Infringing sale did not generate specific jurisdiction since site did not target state)
·  Citigroup, Inc. v. Shui, 2009 ILRWeb (P&F) 1283 [ED Va] (Registrant of domain name "citybank.org" is liable under ACPA)
·  Crosby v. South Orange County Community College District, 2009 ILRWeb (P&F) 1285 [Cal Ct App] (Trial court did not err in limiting relief to declaring state college's Internet use policy invalid and requiring the adoption of a revised policy)
·  Grand Jury Subpoena to Boucher, In re, 2009 ILRWeb (P&F) 1269 [D Vt] (Compelled disclosure of unencrypted version of laptop hard drive does not violate privilege against self-incrimination)
·  Independent Newspapers, Inc. v. Brodie, 2009 ILRWeb (P&F) 1275 [Md Ct App] (Maryland adopts Dendrite standard for discovery of anonymous speaker's identity)
·  Interactive Data for Mutual Fund Risk/Return Summary (Final Rule), 2009 ILRWeb (P&F) 1263 [SEC] (SEC adopts rule amendments requiring mutual funds to provide risk/return summary information in a form that is intended to improve its usefulness to investors)
·  Irvine v. 233 Skydeck, LLC, 2009 ILRWeb (P&F) 1281 [ND Ill] (FACTA's permissible statutory damage range does not violate due process clause)
·  J4 Promotions, Inc. v. Splash Dogs, LLC, 2009 ILRWeb (P&F) 1273 [ND Ohio] (Site promoting Ohio event, selling tickets to residents supports jurisdiction of owners)
·  Kruska v. Perverted Justice Foundation, Inc., 2009 ILRWeb (P&F) 1267 [D Ariz] (California resident's domain name registrations with Arizona-based GoDaddy.com was not a sufficient contact for specific personal jurisdiction there)
·  Motorola, Inc. v. Lemko Corp., 2009 ILRWeb (P&F) 1265 [ND Ill] (Allegations that a company incurred losses in response to employees' misuse of proprietary data were sufficient for it to proceed under CFAA)
·  New York Office of Tax Policy Analysis Advisory Opinion TSB-A-09(3)S, 2009 ILRWeb (P&F) 1113 [NY Dep't Tax Fin] (Fee for online training subject to N.Y. sales tax)
·  Pacific Bell Telephone Co. v. linkLine Communications, Inc., 2009 ILRWeb (P&F) 1259 [US Sup Ct] (A price squeeze claim may not be brought under Sherman Act §2 when the defendant has no antitrust duty to deal with the plaintiff at wholesale)
·  Philbrick v. eNom, Inc., 26 ILR (P&F) 576 [D NH] (Domainer capitalizing on non-famous mark defeats ACPA, Lanham Act claims)
·  Superga Trademark S.A. v. Gilberto, 2009 ILRWeb (P&F) 1279 [WIPO] (No evidence of bad faith where respondent registered domain name corresponding to geographic region)
·  Volvo Trademark Holding AB v. Volvospares, 2009 ILRWeb (P&F) 1261 [WIPO] (Spare parts reseller has rights or legitimate interests in the domain name "volvospares.com")
·  Williamson v. Delsener, 2009 ILRWeb (P&F) 1277 [NY App Div] (E-mail communications between counsel satisfied statute of frauds; settlement agreement binding)
·  Woodhull v. Meinel, 2008 ILRWeb (P&F) 2903 [NM Ct App] (New Mexico applies single publication rule to Internet publications)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Facebook, Inc. v. Wallace (Complaint), 2009 ILRWeb (P&F) 1222 [ND Cal] (Facebook alleges that defendants have engaged in a spam and phishing campaign, violating CAN-SPAM Act and CFAA)
·  Microsoft Corp. v. TomTom N.V. (Complaint), 2009 ILRWeb (P&F) 1220 [WD Wash] (Microsoft Corp. asserts Dutch company infringes portable navigation device patents)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

HDTV Service Comparison – New!
Over the past five years multichannel video providers have been increasingly competing on the breadth of their high-definition content, as more and more consumers buy HD-capable televisions. So far, DirecTV has held a distinct advantage over its rivals in terms of its number of HD channels, but that is quickly changing. Some providers have clearly assembled both the physical plant and the contracts with content owners to provide more HD content than their competitors. But in a new analysis, we find that the HD content and pricing varies significantly from provider to provider, and from region to region. In this report we analyze the HD packaging and pricing strategies in a representative sample of markets. Providers covered in this study include DirecTV, Verizon, Time Warner Cable, AT&T, Cox Communications and more. We include 20 charts and tables.  Learn More  Order Now

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

Events & Conferences 
 

Broadband Policy Summit V
Michael Copps to deliver opening keynote address
Sheraton Crystal City, Arlington, VA, June 18-19, 2009
Michael Copps, the Acting Chair of the Federal Communications Commission, will give the opening keynote address at 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. The Acting Chairman is joined by speakers representing the industry's top companies, like Verizon, AT&T, Time Warner, Google, and Amazon; leading public policy advocates, including Public Knowledge, Consumers Union, the Leadership Conference on Civil Rights, and MAP; and renowned investment specialists, including Precursor, Regulatory Source Associates, and J.P Morgan.  Learn More  Register Now  Early Bird Discount Expires May 18, 2009


Taking Trademarks to the Top Domain: Opportunities and Risks in the New gTLD Space - Recordings Now Available!
This webinar, co-sponsored by Pike & Fischer and the ABA Section of Intellectual Property Law, addressed ICANN's forthcoming roll-out of new generic top-level domains (gTLDs). The speakers included 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. Hear their assessment of the opportunities and risks for trademark owners in these new namespaces.  Learn More  Order Now

View all Events & Conferences

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