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Latest News 
 
INTELLECTUAL PROPERTY
 
Advertiser Not Liable for AdWords' Broad Matching of Key Words to Protected Phrases 
 
An advertiser enjoined from using a certain phrase has committed no wrong when Google's AdWords program "broad matches" generic terms owned by the advertiser to the protected phrase, the U.S. District Court for the District of Arizona held May 3.  The court said that the advertiser's appearance as a sponsored link after a Google search for the protected phrase did not amount to contempt if the advertiser had not actually purchased the phrase or its natural derivatives. The advertiser had little control over the searches that would return its link, the court said, and absent other use of the phrase, there was no actionable violation. Rhino Sports, Inc. v. Sport Court, Inc., 2007 ILRWeb (P&F) 1811. Read more ...

Other Intellectual Property news:
 
·  Wyden, Brownback Sponsor Bill Rolling Back Board-Set Royalties for Internet Radio
·  At Policy Summit, Panelists Discuss Whether to Save, Scrap Compulsory License Sections
·  Australia Accedes to WIPO 'Internet Treaties'
·  Magistrate Rules That Keyword Purchases, Metatag Use, Are Not 'Use in Commerce'
·  'Oscarwatch' Site's Use of 'Oscar' Mark Violates ACPA, Lanham Act, Academy Says

Search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Small E-Mail Provider Lacked Standing to Bring CAN-SPAM Suit for Trivial Harm 
 
A small-time e-mail account provider whose operations were maintained by a commercial web hosting provider lacked standing to bring a private right of action under the federal CAN-SPAM Act, 15 USC §7701 et seq., the U.S. District Court for the Western District of Washington held May 15.  Along the way, the court also ruled that a state-law cause of action over incomplete information in the message sender's "from address" was preempted by CAN-SPAM. The court followed the Fourth Circuit's recent decision in Omega World Travel v. Mummagraphics, Inc., 21 ILR (P&F) 330, 469 F3d 348 (4th Cir 2006), in reaching this result. Gordon v. Virtumundo, Inc., 2007 ILRWeb (P&F) 1817.  Read more ...
 
Other Internet Commerce news: 
 
·  Fed Gov. Kroszner Calls on Banks to Embrace Electronic Check Clearing
 
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TELECOMMUNICATIONS 
 
Rockefeller Introduces Resolution Calling for National Broadband Plan 
 
Sen. John Rockefeller (D-W.Va.), a senior member of the Senate Commerce, Science, and Transportation Committee, introduced a resolution (S. Res. 191) May 8 calling for a national broadband strategy.  President Bush in March 2004 set the goal of universal, affordable broadband access by 2007.  The administration has been criticized, however, by some in Congress for failing to establish a plan to fulfill this goal.  Rockefeller's resolution, which was referred to the committee, calls on the Senate to establish a next-generation broadband network capable of delivering 100 megabits per second (mbps) connectivity to homes and businesses by 2015.  Read more ...

Other Telecommunications news: 
 
·  Federal Government Can Do More to Promote Broadband, Adelstein Says
·  House Subcommittee Hears Benefits of Open Internet for Video Innovations
·  Rep. Markey Circulates Broadband Bill to Improve Data on Service Availability
·  Businesses Could Pay Higher Fee Under Numbers-Based USF Reform
 
Search ILR's Telecommunications database

PRIVACY & SECURITY 
 
N.Y. Consumer Board Asks FTC to Address Google-DoubleClick Merger Privacy Concerns 
 
The New York Consumer Protection Board (CPB) May 9 asked the Federal Trade Commission to take action to delay approval of the merger of the Internet search giant Google, with the online advertising company DoubleClick, "until Google discloses how it will allow millions of Internet users to protect their privacy."  In a letter to the FTC, the board said it also wants Google, which already collects data on millions of individual users, to explain in detail how it will use the increased amount of data it can collect as a result of the merger.  According to Google, DoubleClick delivers billions of digital communications every day.  Read more ...
 
Other Privacy & Security news: 
 
·  House Commerce Approves Bills to Curb Spyware, Sale of Social Security Numbers
·  Data Security Breaches Rampant Among Businesses, Survey Shows
·  Judge Orders University of Wisconsin to Identify 53 Student Downloaders
·  Massachusetts Senate OKs Data Security Bill; Measure Headed to Conference Committee
·  U.K. Data Privacy Office Gives Approval for Philips to Transfer Data Outside EU
 
Search ILR's Privacy & Security database 

TAXATION
 
Tax Treatment of Domain Name Transfer, Acquisition Speculative Absent Precedent 
 
Trading in and acquiring domain names is fast becoming an essential part of doing business, but the tax ramifications of these intangible transactions lie largely in uncharted territory, two law professors told a gathering of attorneys May 10. Speaking at the American Law Institute-American Bar Association's "Internet Law For the Practical Lawyer" conference in Washington, D.C., the professors said that applying existing tax formulas to domain name transactions is often a force-fit. They advised attorneys to understand the options and ramifications, both as counselors and as consumers, and offered tips for maximizing the value of a domain name investment.  Read more ...

Other Taxation news: 
 
·  Department's Advisory Opinion Addresses Sales Tax on Videos Delivered Electronically
·  Streamlined Sales Tax, Other Issues to Receive Senate Panel Hearing in May
 
Search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Defendants Who Responded to E-Mail, Not Postal Mail, May Be Electronically Served 
 
Service of process via e-mail is proper against foreign defendants who could not otherwise be alerted to the plaintiff's trademark infringement claims, the U.S. District Court for the Northern District of California held April 17.  The court said that e-mail service did not violate any international agreements, and seemed to be the only dependable way of reaching the alleged infringers.  Williams-Sonoma, Inc. v. FriendFinder, Inc., 2007 ILRWeb (P&F) 1683. Read more ...
 
Search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
CAN-SPAM Indictment Alleging Message Data Was False, Misleading Need Not Be Clarified 
 
An indictment sufficiently alleges the offense of sending unsolicited e-mail with a "materially false" header and domain name information when it describes the messages' content and sending patterns in enough detail to allow the charged party to create a defense, the U.S. District Court for the District of Arizona held April 24. The court held that the government's indictment did not need clarification in order for the defendant to understand the charges.  Even though the federal anti-spam statute is complicated, so long as the government's allegations clearly fall within the statute's purview, further clarification need not be provided, the court said. United States v. Clason, 2007 ILRWeb (P&F) 1681.  Read more ...
 
Other Criminal Liability news: 
 
·  Failure to Check Computer for Passwords Not Fatal Due to Apparent Consent to Search
·  Internet Pharmacy Settles Charges That Its Web-Issued Prescriptions Were Improper
 
Search ILR's Criminal Liability database 

Latest Cases 
 
· Gordon v. Virtumundo, Inc., 2007 ILRWeb (P&F) 1817 [WD Wash] (Small e-mail provider lacked standing to bring CAN-SPAM suit for trivial harm)
·  Interscope Records v. Leadbetter, 2007 ILRWeb (P&F) 1685 [WD Wash] (Disputed issues of material fact regarding P2P user's liability for direct and contributory copyright infringement)
·  Kahle v. Gonzales (Amended Opinion), 2007 ILRWeb (P&F) 1813 [9th Cir] (Challenge to laws that extend copyright protection to "orphan works" properly dismissed in amended opinion)
·  New York, People of v. Kozlow, 2007 ILRWeb (P&F) 1689 [NY Ct App] (Defendant charged with attempted dissemination of indecent material to minors may properly be convicted even though his IM and e-mail communications contained no nude or sexual images)
·  New York Office of Tax Policy Analysis Advisory Opinion TSB-A-07(11)S, 2007 ILRWeb (P&F) 1677 (Department's advisory opinion addresses sales tax on videos delivered electronically)
·  Rhino Sports, Inc. v. Sport Court, Inc., 2007 ILRWeb (P&F) 1811 [D Ariz] (Trademarked search term that generates sponsored link does not establish use in commerce where only generic keywords were purchased)
·  Site Pro-1, Inc. v. Better Metal, Inc., 2007 ILRWeb (P&F) 1809 [ED NY] (Keyword purchases, metatag use, are not 'use in commerce')
·  United States v. Andrus, 2007 ILRWeb (P&F) 1679 [10th Cir] (Failure to check computer for passwords not fatal due to apparent consent to search)
·  United States v. Clason, 2007 ILRWeb (P&F) 1681 [D Ariz] (CAN-SPAM indictment alleging message data was false, misleading need not be clarified)
·  Williams-Sonoma, Inc. v. FriendFinder, Inc., 2007 ILRWeb (P&F) 1683 [ND Cal] (Defendants who responded to e-mail, not postal mail, may be electronically served)
 
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Latest Pleadings, Motions, & Briefs 
 
·  Academy of Motion Picture Arts and Sciences v. Stone (Complaint), 2007 ILRWeb (P&F) 1808 [CD Cal] ('Oscarwatch' site's use of 'Oscar' mark violates ACPA, Lanham Act, Academy says)
·  Hageseth v. Superior Court of the State of California (Brief of Attorney General in Opposition to Petition), 2007 ILRWeb (P&F) 1620 [Cal Ct App] (California AG argues that state has territorial jurisdiction to prohibit unlicensed practice of medicine over the Internet)
·  Hageseth v. Superior Court of the State of California (Response to Brief of Attorney General), 2007 ILRWeb (P&F) 1810 [Cal Ct App] (Out-of-state doctor who prescribed medication over the Internet argues that California has no territorial jurisdiction to prohibit the unlicensed practice of medicine if it does not occur in California)
 
Search ILR's Pleadings database 

Latest Research from Pike & Fischer

Cable Commercial-Services Strategies
The nation's top cable operators are launching a long-anticipated push to develop and broadly deploy a commercial services portfolio focused on the small and mid-sized business (SMB) segment. In attacking this multibillion dollar opportunity, the cable companies have fundamental decisions to make regarding technology solutions, the types of customers to target, the channel partners they will leverage in reaching those customers, and service portfolios to market through those channels.  This 30+ page report provides an overview of the commercial services strategies of the leading U.S. cable operators, analyzes their existing and emerging capabilities, and details the critical success factors for the cable industry in targeting the SMB opportunity.
Learn More about our May 23 audio event 

View all Market Research Reports & Briefs

Events & Conferences 
 
Broadband Policy Summit III 
June 7-8, 2007 - The Ritz-Carlton Pentagon City - Arlington, VA
Learn firsthand from top industry experts and regulators what's hot on the legislative and regulatory agendas, how this affects broadband business practices, and what you need to do to position your organization for strategic success.  Hear from top policy-makers and industry leaders from Congress, the FCC, NTIA, state commissions, cable operators, telcos and law firms. 
Download Brochure   Register Now 

Legal Risk Management in the Web 2.0 World
September 18, 2007 - AED Conference Center - Washington, D.C.
Gain the latest insights and guidance on dealing with the growing array of legal risks associated with social networking, user-generated content and other applications in the Web 2.0 world.  Prepare yourself by learning about existing and potential liabilities, and how you can manage your risk.  Join Pike & Fischer's team of attorney-experts and Broadband Advisory Services analysts and your fellow telecom and law colleagues for this unprecedented event.  Take advantage of our early bird rate and secure your registration today.
Learn More  Register Now

View all Events & Conferences

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