Wednesday, September 27, 2006 ILR Home Page
Weekly Alert
September 27, 2006
Latest News
  • Intellectual Property
  • Internet Commerce
  • Telecommunications
  • Privacy & Security
  • Taxation
  • Criminal Liability
    Latest Cases
    Latest Pleadings, Motions, & Briefs
    High-Speed Internet Packaging & Pricing Strategies: 3rd Edition
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    INTELLECTUAL PROPERTY
    Trademark Dilution Law Reform Is Cleared for White House
    The House passed by unanimous consent on Sept. 25 a bill (H.R. 683) to amend the Federal Trademark Dilution Act in response to the Supreme Court's 2003 ruling in the Victoria's Secret case. The bill, which has already cleared the Senate, now goes to the president for his signature. The reform would overturn the Supreme Court's holding in Moseley v. V Secret Catalogue, Inc., 13 ILR (P&F) 120 (2003), that actual dilution, rather than merely a likelihood of dilution, must be shown to establish liability under the FTDA. Read more...
    Other Intellectual Property news:
  • State Law Fraud Claims Fail in Suit Against Patentees of NTP Wireless E-Mail Technology
  • AHRA Does Not Immunize XM Radio's Music Storage Device, Record Labels Argue
  • Canadian Public Interest Group Objects to Sony Rootkit Settlement
  • Defendant Not Liable for Enduring Search Displays
  • 3-D Digital Images of Cars Not Sufficiently Creative as to Afford Copyright Protection
  • Copyright Royalty Distribution Reform Is Cleared for President's Signature
  • Canadian Government Proposes Regulations for Mandatory Deposit of E-Publications
  • Content Industry, Academia Team Up to Combat Illegal File-Sharing on Campuses
    • Search ILR's Intellectual Property database

    INTERNET COMMERCE
    eBay Did Not Breach User Agreement by Suspending Seller of Prescription Drugs
    A dentist who repeatedly attempted to sell prescription drugs on eBay has no breach of contract claim against eBay for suspending his account, the Ohio Court of Appeals ruled Sept. 11. Both eBay's user agreement and its policy on Restricted and Prohibited Items are "clear," "easily understandable," and "unambiguous" in their prohibition against the sale of such merchandise, said Judge Gene Donofrio, in affirming a ruling in favor of eBay. Durick v. eBay, Inc., 2006 ILRWeb (P&F) 2629. Read more...
    Other Internet Commerce news:
  • Commerce to Renew DNS Pact with ICANN, but Length, Terms Still Under Negotiation
  • Transparency Concerns Dog ICANN at House Hearing to Discuss Entity's Future
  • Majority Leader Working to Attach Rider on Internet Gambling to Pending Legislation
  • In U.K., Microsoft Wins Reported Largest Civil Spam Award in Europe
    • Search ILR's Internet Commerce database

    TELECOMMUNICATIONS
    U.S. Seeks to Narrow Focus of WIPO Broadcast Treaty
    The United States has launched a campaign at the World Intellectual Property Organization to narrow down the scope of a proposed treaty on the protection of broadcasters' rights and has urged member governments to reconsider a decision to convene a diplomatic conference next year to finalize and adopt the treaty. U.S. officials attending the Sept. 25-Oct. 3 meeting of WIPO's General Assembly have called for the convening of at least one and preferably more sessions of WIPO's Standing Committee on Copyright and Related Rights over the next year to discuss how to narrow the treaty's scope, which would grant broadcasters new rights and require governments to provide broadcasters the legal means to protect the technology used to encrypt their signals. Read more...
    Other Telecommunications news:
  • Panel Argues for 'White Spaces' Rules; Stevens Aide Still Optimistic on Passage
  • Stevens Says Communications Bill Blocked Until After November Elections
  • Comcast CEO Sees More Savings Through Voice Competition Than Video
  • Martin Answers Senators' Queries on VoIP, Media Ownership, Broadband
  • VoIP E-911 Provisions in Jeopardy as Barton Seeks to Strip from Port Bill
    • Search ILR's Telecommunications database

    PRIVACY & SECURITY
    Data Retention Laws Are 'Mass Surveillance' Says Irish Group Launching Court Challenge
    A Dublin-based privacy advocacy group Sept. 14 filed a statement of claim in the Irish High Court, challenging Irish and European Commission data retention laws which, the group said, "require mass surveillance," and violate European Union human rights law. Digital Rights Ireland (DRI) said that the Irish Criminal Justice (Terrorist Offences) Act, 2005 and the European Data Retention Directive (2006/24/EC), from which the Irish law originates, are "a breach of Human Rights, as recognized in the European Convention on Human Rights and the EU Charter on Fundamental Rights which all EU member states have endorsed." Digital Rights Ireland Ltd. v. Minister for Communications, Marine and Natural Resources (Statement of Claim), 2006 ILRWeb (P&F) 2606. Read more...
    Other Privacy & Security news:
  • Class Action Suit Filed Against AOL Over Web Posting of User Search Data
  • House Panel Approves Measure to Allow Warrantless Surveillance
  • Senate Republicans Announce Deal on Electronic Surveillance
  • NIST Opens Threat Database to Vendor Comments
  • Report Finds Internet Vulnerability Rising; Spam, Adware, Phishing Increase in 2006
  • International Chamber of Commerce Releases Standardized Binding Corporate Rules Form
  • European Commission Seeks Input on Data Breach Notification, Net Neutrality Proposals
    • Search ILR's Privacy & Security database

    TAXATION
    California Sends Returns to Online Buyers of Cigarettes Seeking Excise, Use Tax
    The California State Board of Equalization announced Sept. 26 it has sent tax returns to 12,000 California residents who may have bought untaxed cigarettes or tobacco products from online or mail-order vendors outside the state, seeking excise and use tax on those purchases. SBOE identified the taxpayers by analyzing thousands of invoices it has obtained from the vendors. Although SBOE has been receiving as many as 10,000 such invoices a month, new funding in the 2006-07 state budget has enabled the agency's staff to analyze the invoices and contact taxpayers to collect the tax revenue. Read more...
    Search ILR's Taxation database

    CRIMINAL LIABILITY
    German Court Holds WiFi Owners Liable for Crime Committed Via Network
    Individuals who do not password-protect their wireless Internet routers can be held liable for crimes others commit using the unprotected Internet access, according to a German court. In a case decided June 27, but released the week of Sept. 11, a Hamburg District Court found a plaintiff responsible for distributing copyrighted music online. Although the plaintiff claimed to have never done such a thing, the court found the plaintiff to be an accomplice because he had made Internet access freely available in his immediate vicinity by not requiring a password to access his Internet router. Read more...
    Other Criminal Liability news:
  • Another Samsung Executive Agrees to Plead Guilty to DRAM Cartelization
    • Search ILR's Criminal Liability database

    Latest Cases
  • Austin Board of Realtors, In re, 2006 ILRWeb (P&F) 2501 [FTC] (Final consent order forcing Board of Realtors to change a rule preventing discount brokers from listing properties on the Board's public web sites)
  • Computer Leasco, Inc. v. NTP, Inc., 2006 ILRWeb (P&F) 2625 [6th Cir] (State law fraud claims fail in suit against patentees of NTP wireless e-mail technology)
  • Copiepresse v. Google, Inc., 2006 ILRWeb (P&F) 2621 [Tribunal de Première Instance de Bruxelles (Belgium)] (Belgian court orders Google to stop publishing content from Belgian newspapers without permission or payment of fees)
  • Dedvukaj v. Maloney, 2006 ILRWeb (P&F) 2503 [ED Mich] (Personal jurisdiction based on eBay auction sales)
  • Diarama Trading Co. v. J. Walter Thompson, Inc. (Summary Order), 2006 ILRWeb (P&F) 2635 [2d Cir] (District court properly granted summary judgment to marketer who had registered domain name on behalf of client)
  • Durick v. eBay, Inc., 2006 ILRWeb (P&F) 2629 [Ohio Ct App] (eBay's prohibition on sale of prescription drugs is unambiguous; eBay entitled to summary judgment on breach of contract claim)
  • Faegre & Benson, LLP v. Purdy, 2006 ILRWeb (P&F) 2505 [D Minn] (Permanent injunction entered in cybersquatting action)
  • Meshwerks, Inc. v. Toyota Motor Sales U.S.A., Inc., 2006 ILRWeb (P&F) 2631 [D Utah] (3-D digital images of cars not sufficiently creative as to afford copyright protection)
  • Nazaruk v. eBay, Inc., 2006 ILRWeb (P&F) 2627 [D Utah] (Lawsuit stemming from allegedly racist comments posted on eBay dismissed under forum selection clause in User Agreement; civil rights causes of action against eBay user dismissed)
  • Pop Warner Little Scholars, Inc. v. New Hampshire Youth Football & Spirit Conference, 2006 ILRWeb (P&F) 2613 [D NH] (Search results triggered by out-of-date metatags do not warrant injunctive relief)
  • Southwestern Bell Telephone, L.P. v. Missouri Public Service Commission, 2006 ILRWeb (P&F) 2633 [ED Mo] (State agency lacks jurisdiction to order unbundling obligations to be included as part of interconnection agreements)
  • Thyroff v. Nationwide Mutual Insurance Co., 2006 ILRWeb (P&F) 2507 [2d Cir] (Second Circuit certifies question to NY Court of Appeals: whether electronic data may be the subject of a conversion claim)
  • United States v. Ellison, 2006 ILRWeb (P&F) 2637 [6th Cir] (Police need no probable cause to conduct computer check of license plate)
  • VMC Satellite, Inc. v. McWhorter, 2006 ILRWeb (P&F) 2509 [ED Va] (Evidence that defendant's web site identified a Virginia company as a satisfied customer sufficiently demonstrates that defendant transacted business in Virginia for purposes of exercising personal jurisdiction)
    • Search ILR's Cases database

    Latest Pleadings, Motions, & Briefs
  • Atlantic Recording Corp. v. XM Satellite Radio, Inc. (Plaintiffs' Opposition to Motion to Dismiss), 2006 ILRWeb (P&F) 2440 [SD NY] (AHRA does not immunize XM radio's music storage device, record labels argue)
  • Digital Rights Ireland Ltd. v. Minister for Communications, Marine and Natural Resources (Statement of Claim), 2006 ILRWeb (P&F) 2606 [High Ct (Ireland)] (Irish civil rights group institutes an action against the Irish Government challenging new European and Irish laws requiring mass surveillance)
  • Doe v. AOL LLC (Class Action Complaint), 2006 ILRWeb (P&F) 2610 [ND Cal] (Class action suit filed against AOL over web posting of user search data)
  • Draker v. Schreiber (Plaintiff's Original Petition), 2006 ILRWeb (P&F) 2608 [Tex Dist Ct] (Assistant principal at Texas high school files action for defamation, negligence, and gross negligence against students and their parents for a MySpace web page created by the students about the plaintiff)
    • Search ILR's Pleadings database

    High-Speed Internet Packaging & Pricing Strategies: 3rd Edition
    This P&F report provides a detailed and up-to-date analysis of the high-speed Internet pricing, bundling and marketing strategies of the top providers, including Comcast, Time Warner Cable, Cox, Cablevision, Charter, Insight, Mediacom, Bright House, Cable One, BellSouth, Qwest, AT&T and Verizon. The report ranks each provider by maximum speeds provided and by price points, and includes 18 tables of data and analysis.
    Learn more

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