Publication Schedule

The ILR Weekly Alert will not publish the Wednesday before Thanksgiving. The next issue will be dated Wednesday, November 28, 2007. The ILR staff wishes its readers a very Happy Thanksgiving!

Latest News 
 
INTELLECTUAL PROPERTY
 
Company Selling Perfume Online as 'PerfumeBay' Infringes on 'eBay' Mark 
 
A company's use of the mark "PerfumeBay" generated a likelihood of consumer confusion and infringed on the "eBay" trademark, the U.S. Court of Appeals for the Ninth Circuit held Nov. 5.  Judge Johnnie B. Rawlinson held that company's use of the name "PerfumeBay" created a likelihood of consumer confusion and infringed on the "eBay" mark, but affirmed the lower court's holding that the company could continue to use a non-conjoined form of the mark, "Perfume Bay."  Perfumebay.com, Inc. v. eBay, Inc., 2007 ILRWeb (P&F) 3001.  Subscribers read more ...

Other Intellectual Property news:
 
·  Merits of Build-First, License-Later Model Discussed at Digital Hollywood Conference
·  Sens. Leahy, Cornyn Introduce Bipartisan Bill Addressing Copyright Enforcement
·  Vonage Settles with AT&T in Third Suit of Big Telcos Alleging Patent Infringement
·  Legal Struggles Said to Be Holding Back Development of P2P Economic Model
·  Music Downloading Teen's Innocence Is Fact Question Allowing Jury Trial
·  Canadian Study Suggests That P2P File Sharing May Increase Music Purchases
·  Rates, Terms Proposed for Subscription Services' Sound Recording Transmissions 
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Fed Announces Amendments to Regulations on Consumer Disclosures in Electronic Form 
 
The Federal Reserve Board Nov. 1 announced it had approved amendments to a series of implementing regulations that clarify requirements for providing consumer disclosures in electronic form.  The five regulations affected by the amendments include those implementing the Equal Credit Opportunity Act (Regulation B), Electronic Fund Transfer Act (Regulation E), Consumer Leasing Act (Regulation M), Truth in Lending Act (Regulation Z), and Truth in Savings Act (Regulation DD).  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Violating Workplace Computer Rules Did Not Violate State Computer Crime Law
·  Policy Exclusion for 'Online Activities' Insurance Coverage Interpreted Broadly
·  Government Opposes States' Motion to Extend Microsoft's Final Judgments
·  U.S. to Renew Request for WTO Panel on Chinese Restrictions in Audiovisual
·  EU Clears Dell to Acquire ASAP Businesses
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Bush Administration Appeals Court Ruling on National Security Letter Constitutionality 
 
The Justice Department Nov. 5 filed notice that it will appeal a federal court's ruling that a USA PATRIOT Act provision authorizing the FBI to issue national security letters (NSLs) to obtain records from individuals and businesses, including demands that Internet service providers hand over information about their customers' Internet use, violated the First Amendment rights of the ISPs.  Doe v. Gonzales (Notice of Appeal), No. 04 Civ. 2614.  Subscribers read more ...
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
House Approves Broadband Mapping, VoIP E-911 Bills with Bipartisan Support 
 
The House Nov. 13 approved a bill (H.R. 3919) to help identify where broadband service is available and where there are gaps.  The House also considered a bill (H.R. 3403) that would help Voice over Internet Protocol (VoIP) providers offer reliable 911 service, but a final vote was still pending late Nov. 13.  Both bills were amended and reported out of the House Energy and Commerce Committee in late October by voice vote.  Both bills were negotiated among industry and consumer groups, as well as between Democrats and Republicans.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  FCC Unveils $400 Million Plan to Create New Broadband Networks for Telemedicine 
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Justices Decline Review of Warrantless 'Special Needs' Search of Personal Computer 
 
The U.S. Supreme Court Nov. 13 declined review of a U.S. Court of Appeals for the Ninth Circuit ruling that protection of a government e-mail server qualified as a "special need" that justified a warrantless search of a personal computer suspected of being used by a hacker.  The Ninth Circuit affirmed the federal hacking conviction under the Computer Fraud and Abuse Act, 18 USC §1030(a)(5)(B), of a state university student whose personal computer in his dorm room was remotely accessed by university officials without a warrant through its connection with the school's network.  Heckenkamp v. United States, No. 07-496.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Senate Judiciary Members Undecided on Telecom Immunity, Feinstein Says
·  Senate Panel Delays Action on FISA Bill; Markup Could Be Pushed Into December
·  Financial Regulators Issue Final Rule on Problems Related to Identity Theft
·  TJX Failed Most PCI Data Security Standards, Knew of Risks Before Breach, Banks Assert
·  TJX Opposes 'Futile' Motion to Amend; Company's Merchant Bank Files MSJ
·  Federal Privacy Commissioner Criticizes Proposal for ISP Disclosure Requirement
·  German Data Retention Law Passes Parliament Amid Controversy
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Court Says Online Book Seller Not Agent of Retailer That Distributed Its Coupons 
 
A state trial court judge Oct. 12 ruled that barnesandnoble.com was not subject to state use tax because an affiliated company, Barnes & Noble, Inc., distributed coupons on its behalf to customers in California stores.  The ruling is the second victory in seven months for barnesandnoble.com, which won a similar case in federal court in Louisiana in March.  Barnesandnoble.com, LLC v. State Board of Equalization, 2007 ILRWeb (P&F) 2893.  Subscribers read more ...

Other Taxation news: 
 
·  EU Finance Ministers Plan to Tackle VAT on E-Services, Other Tax Issues
 
Subscribers may search ILR's Taxation database 

CRIMINAL LIABILITY 
 
'Botmaster' Agrees to Plead Guilty in Scheme Targeting Paypal, Others 
 
A well-known member of the "botnet underground" agreed Nov. 9 to plead guilty to four felony counts for his role in a scheme that used armies of compromised computers to intercept electronic communications sent to online payment company Paypal, Inc. and then use the stolen usernames and passwords to make unauthorized purchases, the U.S. Attorney in Los Angeles announced.  United States v. Schiefer (Information and Plea Agreement), CR 07-01240.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Defendant Pleads Guilty to Illegal Use of File-Sharing Programs to Access Data
·  Two Charged in South Florida in $1 Million Internet Securities Scheme
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Apple Computer, Inc. v. Burst.com, Inc., 2007 ILRWeb (P&F) 3007 [ND Cal] (Apple's motions for summary judgment granted in part and denied in part in action seeking a declaration of invalidity and noninfringement on patents related to the sharing, editing, and playing of audio and video works through computers; compression; and high-speed transmission)
·  Barnesandnoble.com, LLC v. State Board of Equalization, 2007 ILRWeb (P&F) 2893 [Cal Super Ct] (Court says online book seller not agent of retailer that distributed its coupons)
·  Carey Licensing, Inc. v. Erlich, 2007 ILRWeb (P&F) 2901 [ED Mo] (Mere ownership of domain name incorporating plaintiff's mark is not a "use in commerce" under the Lanham Act; hyperlinks found in search engine results not a violation of a Consent Judgment)
·  Children of America, Inc. v. Magedson, 2007 ILRWeb (P&F) 2891 [Ariz Super Ct] (Web operator not liable for third party postings absent some hand in authorship)
·  Chrisman v. City of Los Angeles, 2007 ILRWeb (P&F) 2715 [Cal Ct App] (Violating workplace computer rules did not violate state computer crime law)
·  Elektra Entertainment Group, Inc. v. McDowell, 2007 ILRWeb (P&F) 3009 [MD Ga] (Music downloading teen's innocence is fact question allowing jury trial)
·  Ellen G. White Estate, Inc. v. Mayo, 2007 ILRWeb (P&F) 3005 [NAF]
(Respondent, who registered domain name confusingly similar to name of foundress of Seventh-day Adventist Church, has legitimate interests in domain name, given the non-commercial nature of site)
·  Ex Parte Reexamination Proceeding re Patent No. 5960411 (Amazon's "1-Click" Patent), 2007 ILRWeb (P&F) 2899 [PTO] (PTO rejects most claims of Amazon's so-called "1-Click" patent)
·  Facebook, Inc., In re (Assurance of Discontinuance), 2007 ILRWeb (P&F) 2887 [NY Att'y Gen] (New York AG reaches agreement with Facebook on online child safety)
·  Netscape Communications Corp. v. Federal Insurance Co., 2007 ILRWeb (P&F) 2897 [ND Cal] (Policy exclusion for "online activities" insurance coverage interpreted broadly)
·  Sony BMG Music Entertainment v. Rodriguez, 2007 ILRWeb (P&F) 2895 [ED Cal] (Magistrate recommends entry of default judgment and statutory damages against P2P user who did not respond to record company's well-pleaded complaint)
·  Tres Jeanee, Inc. v. Brolin Retail Systems Midwest, Inc., 2007 ILRWeb (P&F) 2903 [WD Ky] (Software clickwrap agreement enforceable against plaintiff, but defendant may not avail itself of the arbitration clause found therein because it only covers defendant's software; plaintiff alleges defects in defendant's hardware as well)
·  Velcro Industries B.V. v. Chung, 2007 ILRWeb (P&F) 2889 [WIPO] (UDRP proceedings are not a forum to decide whether trademark has become generic; the domain name velcro.biz is transferred to the holder of the VELCRO trademark)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Arista Records, LLC v. Does 1-17 (Memorandum in Support of Motion to Quash Subpoena Pursuant to FRCP 45B(3)(A) by the University of Oregon), 2007 ILRWeb (P&F) 2832 [D Ore] (University seeks to quash RIAA subpoena commanding the University to disclose the identities of students alleged to have illegally downloaded copyrighted sound recordings)
·  BNSF Railway Co. v. Doe 1 (Memorandum in Opposition to Motion to Compel Discovery), 2007 ILRWeb (P&F) 2830 [Cal Super Ct] (Motion to compel discovery, asking ISP to disclose identities of anonymous message board posters, should be denied)
·  Fair Housing Council of San Fernando Valley v. Roommate.com, LLC (Brief of Amici Curiae Amazon.com, Inc., et al. in Support of Roommate.com in En Banc Proceedings), 2007 ILRWeb (P&F) 3000 [9th Cir] (Amici argue that CDA protection is vital to speech on the Internet, and that a web site should not lose that protection because it gives users specific options for expressing their views)
·  New York, State of v. Microsoft Corp. (Amicus Curiae Brief of the United States in Opposition to the Motions to Extend the States' Final Judgments), 2007 ILRWeb (P&F) 3002 [D DC] (DOJ asserts there is no legal basis to order a five-year extension of the Final Judgments against Microsoft)
·  Northeastern University v. Google, Inc. (Complaint), 2007 ILRWeb (P&F) 3004 [ED Tex] (Google allegedly infringes Northeastern University's patent entitled "Distributed Computer Database System & Method")
·  TJX Companies Retail Security Breach Litigation, In re (Reply Memorandum in Support of Financial Institution Plaintiffs' Motion for Class Certification), 2007 ILRWeb (P&F) 2834 [D Mass]
·  TJX Companies Retail Security Breach Litigation, In re (Memorandum in Support of Motion for Leave to Amend), 2007 ILRWeb (P&F) 2836 [D Mass]
·  TJX Companies Retail Security Breach Litigation, In re (Declaration of Joel S. Lisker), 2007 ILRWeb (P&F) 2838 [D Mass]
·  TJX Companies Retail Security Breach Litigation, In re (Answer to Plaintiffs' Consolidated Class Action Complaint), 2007 ILRWeb (P&F) 2840 [D Mass]
·  TJX Companies Retail Security Breach Litigation, In re (Defendant TJX's Memorandum in Opposition to Financial Institution Plaintiffs' Motion for Leave to Amend), 2007 ILRWeb (P&F) 3006 [D Mass]
·  TJX Companies Retail Security Breach Litigation, In re (Memorandum in Support of Fifth Third Bancorp's Motion for Summary Judgment), 2007 ILRWeb (P&F) 3008 [D Mass]
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

BitTorrent DNA - New
BitTorrent has begun licensing its file distribution technology to third-party content distributors under the service name BitTorrent DNA (Delivery Network Accelerator.) This allows the distributed downloading of broadband content via a peer-to-peer file sharing protocol. This Competitor Profile examines BitTorrent's strategy aimed at shedding its reputation as a popular tool for illegal sharing of proprietary content, and what challenges the company faces in communicating the value of its service.

High-speed Internet Packaging & Pricing Strategies: 4th Edition
This 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, 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. It will also examine the impact that the emergence of telco fiber-optic services, mainly Verizon FiOS and AT&T U-verse, are having on cable offerings and strategies.

View all Market Research Reports & Briefs

Events & Conferences 
 
Security, Employees & Privacy: Avoiding the Liability & Risk of Advanced Security Technology
TODAY - November 14, 2007 at 2:00 p.m. ET
The battle over the issue of privacy vs. security is heating up, as leading organizations steadily embrace more advanced electronic systems that, unfortunately, are challenging traditional ideas of employee privacy rights. To minimize their risk and liability, more and more organizations are seeking the middle ground that can satisfy security directors—and still preserve the privacy of their employees.  Join BNA subsidiary IOMA and its expert faculty to find out about the critical facts surrounding this controversial issue.  Learn more

Best Practices for Businesses Exploring, Exploiting, and Expanding in Web 2.0
Upcoming Interactive Audio Conference
January 15, 2008 | 2:00 – 3:30 p.m. ET
This audiocast, co-sponsored by Pike & Fischer and the ABA's Section of Science & Technology Law, will be a first-of-its-kind opportunity for attorneys and business leaders to gain practical guidance from industry professionals on how best to harness the power of Web 2.0 while mitigating legal risks.  Businesses seeking to maximize profits through blogging, customer-generated content, social networking, web marketing, and other next-gen apps need to know how to avoid the pitfalls and potholes embedded in the Web 2.0 landscape.  Register now to secure actionable insight and take-away recommendations. 

Legal Risk Management in the Web 2.0 World - DVD Recordings Available
Over 120 business and legal professionals joined Pike & Fischer for this inaugural and groundbreaking legal forum where the growing array of legal risks associated with social networking, user-generated content (UGC) and other applications in the burgeoning Web 2.0 world were discussed and debated at length.   Attendees learned more about existing and potential Web 2.0 liabilities and how best to manage the risks of their organizations and those of their clients.  
Missed the event?  Order a DVD recording of select panels and keynotes.
Learn more    Order Now

View all Events & Conferences

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