Latest News 
 
INTELLECTUAL PROPERTY
 
Trademark Owners Welcome ICANN Team's Proposed Rapid Domain Suspension System

A rapid suspension system for clearly infringing domain names proposed by the Internet Corporation for Assigned Names and Numbers will make it easier for trademark owners to quickly resolve challenges posed by massive cybersquatters, trademark attorneys said.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Despite Continued Concerns, Objections, Planning Underway for Several New gTLDs
·  EC Plans No Legal Action Against France Based on 'Three Strikes' Downloading Law
·  Selling Unauthorized Downloads of CD Tracks Is Infringement of CD as Single 'Work'
·  Trademark Owners File Class Action Against Google
·  Delaware Judge Says eBay Told Judges to Keep Doing What They Have Been Doing
·  IBM, Samsung, Lead IPO's List of 300 Companies with Most Patents
·  British Creative Industries Call for ISPs to Cut Off Persistent P2P Infringers
·  Law Firm IP Study Ranks U.S. in Top Tier, but Lagging in Trademark Competitiveness
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
ALI Members Approve, Raise No Concerns on Software Contract Principles Final Draft

Members of the American Law Institute unanimously voted to approve a proposed final draft of "Principles of the Law of Software Contracts" May 19, paving the way for a more unified best practices for contracts involving the sale or exchange of computer software.  The approved principles were the culmination of comments received and updating work done since a tentative draft was approved at the ALI's 2008 annual meeting.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Search Engine Firms Ordered to Stop Accepting Phony Mortgage Relief Ads
·  EU Hits Intel with Record $1.4 Billion Fine, Alleges Antitrust Violations Hurt Consumers
·  Business Could Not Represent Class Against eBay
·  Unconscionable Attorney's Fee Clause Does Not Affect Arbitration Clause's Efficacy
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Legislation Offered to Impose Limits on Business Dealings with Harsh Regimes

A bill introduced in the House May 6 would restrict the personal data that U.S.-based Internet and technology companies may permissibly release to foreign governments.  The Global Online Freedom Act of 2009 (H.R. 2271), introduced by Rep. Christopher Smith (R-N.J.), would criminalize corporate compliance with foreign Internet censorship operations, except for law enforcement purposes the U.S. Department of Justice deems legitimate.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Copps Readying Nondiscrimination, Public Interest Rules for New FCC Chair

Federal Communications Commission acting Chairman Michael Copps May 14 said he was readying a new nondiscrimination principle for network management, as well as public interest obligations for broadcasters, for the new agency chairman.  Subscribers read more ...

Other Telecommunications news: 
 
·  FCC Adopts Local Number Porting, VoIP Disconnect Rules for Consumers
·  Federal Efforts to Spur Broadband Could Be Best Help for Journalism
·  Telecoms Seek Access to Incumbents' E-Networks
·  First Broadband Grant Awards Scheduled to Be Made by Dec. 31
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
E-Health Chief Says Stakeholders Should Ask Congress to Extend HITECH Deadlines

Congress has established excellent goals for using electronic health records to improve the quality and efficiency of health care, but lawmakers did not realize how long it will take to make the transformation, David Blumenthal, the national coordinator for health information technology, said May 15.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Government Decisions in 2009 Crucial to Success of IT Investment, Blumenthal Says
·  Italy's Privacy Chief Says Agency Will Impose New Fines, Repeats Call for Greater Authority
·  Ireland Reports Data Protection Complaints Held Steady in '07 and '08, E-Mail Spam Fell
·  ONC, CMS Recovery Act Work Plans Indicate Statutory Mandate Challenges
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Bill Signed by Washington Governor Sets Sales, B&O Taxes on Digital Goods

Washington Gov. Christine Gregoire (D) May 18 signed legislation imposing sales and use taxes on specific streamed or remotely accessed digital services, goods, and prewritten computer software.  Subscribers read more ...

Other Taxation news: 
 
·  Tennessee Court Finds DOR Erred in Assessing $2.4M on Software Creation
·  San Francisco City, County Levy $31 Million Assessment Against Expedia
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Site Offering Only Samples No Basis for Jurisdiction

A Canadian company's website, through which it offered free samples of its decorative woodworking products, did not form the basis for personal jurisdiction over the company in Connecticut because it did not specifically target the state, the U.S. District Court for the District of Connecticut held May 5.  Panterra Engineered Plastics, Inc. v. Octopus Products, Ltd., 2009 ILRWeb (P&F) 1835.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  Potentially Breached Online Terms' Arbitration Clause Does Not Affect Venue
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Google Trial on Fast Track, Chief Engineer to Testify on Video Take Down Technology

Attorneys for four Google, Inc. officials charged in a privacy and criminal defamation trial before the Milan Tribunal Court May 19 were granted use of the court's fast-track process, a move that means a verdict is possible within weeks rather than months.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Asis Internet Services v. Vistaprint USA, Inc., 2009 ILRWeb (P&F) 1833 [ND Cal] (California anti-deception claim not preempted by CAN-SPAM)
·  Bryant v. Europadisk, Ltd., 2009 ILRWeb (P&F) 1677 [SD NY] (Music marketer authorized to sell only physical CDs infringed the owner's copyright by authorizing the sale of digital downloads)
·  Federal Trade Commission v. One or More Unknown Parties Misrepresenting Their Affiliation With the Making Home Affordable Program, 2009 ILRWeb (P&F) 1841 [D DC] (Search engine firms ordered to stop accepting phony mortgage relief ads)
·  Gurevich v. Gurevich, 2009 ILRWeb (P&F) 1829 [NY Sup Ct] (Estranged wife may admit into evidence e-mails she obtained from husband's account without his knowledge)
·  Huff v. Liberty League International, LLC, 2009 ILRWeb (P&F) 1705 [CD Cal] (Attorney's fee provision in a click-to-agree contract requiring a customer to pay all fees and costs is substantively unconscionable; unconscionability did not impact contract's arbitration clause)
·  L'Oréal v. eBay France, 2009 ILRWeb (P&F) 1827 [TGI Paris (France)] (eBay not liable to trademark holders for counterfeit goods sold on site)
·  Mazur v. eBay, Inc., 2009 ILRWeb (P&F) 1839 [ND Cal] (An individual who purchased items on eBay for her business could not properly represent a class alleging violations of a California consumer protection law because she did not interact with eBay as a "consumer")
·  Panterra Engineered Plastics, Inc. v. Octopus Products, Ltd., 2009 ILRWeb (P&F) 1835 [D Conn] (Canadian company's website offering free samples did not form the basis for personal jurisdiction over the company in Connecticut)
·  Penguin Group (USA), Inc. v. American Buddha, 2009 ILRWeb (P&F) 1703 [SD NY] (Out-of-state defendant in copyright infringement action is not amenable to suit in New York)
·  Riggs v. MySpace, Inc., 2009 ILRWeb (P&F) 1825 [WD Pa] (A social network's failure to compel arbitration before terminating an account may violate its contractual obligations with respect to an arbitration clause in its terms of use, but it neither invalidates the terms as a whole nor affects the validity of a venue selection clause stated elsewhere)
·  Salyer v. Southern Poverty Law Center, Inc., 2009 ILRWeb (P&F) 1699 [WD Ky] (Kentucky would apply the single-publication rule to the Internet)
·  Société Air France v. Allaye-Chan, 2009 ILRWeb (P&F) 1837 [WIPO] (Where complainant may have a significant number of non-English speaking customers who will not automatically recognize "suck" as a pejorative term, a "sucks" domain name is deemed to be confusingly similar)
·  Teksystems, Inc. v. Farr, 2009 ILRWeb (P&F) 1823 [Tenn Ct App] (Fabrication of software by temporary employees for their clients is subject to an exemption from Tennessee sales tax)
·  Valspar Refinish, Inc. v. Gaylord's, Inc., 2009 ILRWeb (P&F) 1701 [Minn] (E-mail did not satisfy contract's written notice requirement)
·  Wisconsin, State of v. Sveum, 2009 ILRWeb (P&F) 1831 [Wis Ct App] (No Fourth Amendment search or seizure occurs when police attach a GPS device to the outside of a vehicle while it is in a place accessible to the public and then use that device to track the vehicle while it is in public view)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  FPX, LLC v. Google, Inc. (Class Action Complaint), 2009 ILRWeb (P&F) 1808 [ED Tex] (Complaint alleges Google's practice of selling trademarks as keywords for sponsored links without regard to mark ownership confuses Internet users and infringes owners' exclusive rights in violation of the Lanham Act)
·  John Beck Amazing Profits, LLC v. Google, Inc. (Class Action Complaint), 2009 ILRWeb (P&F) 1812 [ED Tex] (Trademark owners file class action on behalf of all U.S. trademark holders against Google and AOL)
·  RealNetworks, Inc. v. DVD Copy Control Association, Inc. (Second Amended Complaint), 2009 ILRWeb (P&F) 1810 [ND Cal] (RealNetworks files antitrust counterclaim against movie studios)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Household Telecom Spending and the Economic Crisis: A Consumer Survey – New!
Cutbacks in home communications and entertainment services have yet to emerge as a measurable trend, despite the ongoing recession. This nationwide survey indicates that most consumers are spending the same amount on phone, Internet and multichannel video as they've spent in the past. Respondents say they would rather keep Internet, video and voice services in their budgets than any other type of expense, including gym memberships, personal care products and apparel. But the results also point to customers becoming more aware of ways to spend less on those services, such as converting to lower-priced Internet service tiers or watching TV shows online for free. This report provides details on our survey findings, including a rich array of demographic variables and predictions about customer behavior over the remainder of 2009. Thirty-nine charts are included.  Learn More  Order Now

Web Video Usage: A Consumer Survey – New!
Pike & Fischer has found that consumers have no plans to cut back their spending on multichannel video services this year, although many are opting against buying premium packages or VOD movies. Households that reported watching Web-based video on a regular basis were in fact the most likely respondents to say they will keep their traditional multichannel video service. This report details our survey findings, including a variety of demographic information about Web video usage, and provides an outlook on how cable operators are responding to the rise of online video. Twenty-one tables and charts are included.  Learn More  Order Now

Events & Conferences 
 

Broadband Policy Summit V – Senior Advisor Mark Seifert, NTIA & Grant Seiffert, President of TIA Added as Keynotes
Sheraton Crystal City - Arlington, VA, June 18 & 19, 2009
BPS V 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 a volatile economy, wireless broadband, network management/net neutrality, broadband deployment and more. Confirmed keynotes include Rep. Rick Boucher (D-VA), Acting FCC Chair Michael J. Copps, Mark Seifert, Senior Advisor at the National Telecommunications and Information Administration, Department of Commerce & Grant Seiffert, President of the Telecommunications Industry Association. View the Summit program. Interested in sponsoring? Contact Todd Dale.  Learn More  Register Now 


Pinning Down Cloud Computing: Legal Risk Management and Best Practices for Business – Webinar Recordings Available!
There's been a lot of buzz about cloud computing.  Much of it touts cloud computing as a way for companies to save money in lean times.  But what are the risks associated with its adoption?  What's the best way to vet cloud providers?  How do you train employees to use cloud services wisely?  Is the current state of the law as unclear as many commentators contend?  Order a recording of our May 6 webinar featuring legal experts from Sun Microsystems, Salesforce.com, GE Capital, and Wilson Sonsini Goodrich & Rosati, who examined the benefits and risks of cloud computing from both the legal and practical perspectives.  Learn More  Order Now

View all Events & Conferences

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