Web 2.0: Recognizing Business Opportunities & Avoiding Risks – Next Tuesday, Jan. 15

Best Practices for Businesses Exploring, Exploiting, and Expanding in Web 2.0
Interactive Audio Conference
January 15, 2008 | 2:00 – 3:30 p.m. ET
The Web 2.0 environment offers exciting new opportunities for businesses to maximize revenues and grow their profits—through blogging, customer-generated content, social networking, web marketing, and more.  But along with these new opportunities come legal risks to consider as you and your clients move to broader application of these next-gen applications.  Start off 2008 with an interactive experience that will get you on track for upgrading and improving your Web 2.0 presence — and that of your clients — while minimizing legal risk.  Join Pike & Fischer's panel of experienced attorneys and business leaders and tap into their collective forward-looking wisdom on how to avoid the pitfalls and potholes embedded in the Web 2.0 environment.  Learn more.  Register now.

Latest News 
 
INTELLECTUAL PROPERTY
 
Adding 'e' Before Trademark in Domain Name Deemed Evidence of Actual Dilution 
 
A domain name composed by placing an "e" in front of a famous trademark reduces the capacity of the mark owner to identify its goods and services, and is evidence of actual trademark dilution, the U.S. District Court for the District of Nevada held Dec. 27.  The court said that the Visa credit card mark was diluted when an independent business opened a web site at <evisa.com>.  Adding an "e" to the famous trademark diluted the mark by virtue of online business's affinity for the "e" designation, and satisfied the dilution standard set out in Moseley v. V Secret Catalogue, Inc.  Visa International Service Association v. JSL Corp., 2007 ILRWeb (P&F) 3275.  Subscribers read more ...

Other Intellectual Property news:
 
·  Purchase of Competitor's Mark as Search Keyword Is Trademark 'Use' in Commerce
·  Summary Judgment Favoring eBay Upheld, but Refusal of Attorneys' Fees Affirmed
·  EU Initiates Demand for Greater Access to Online Music, Films and Games in Europe
·  Vonage, Nortel Settle Infringement Dispute Over Internet Phone Technology
·  Broadcom Wins Yet Another Round in Patent War with Qualcomm
·  TorrentSpy's E-Discovery Violations Earn Terminating Sanctions, Default Judgment
·  Record Companies Argue Saving Music Files in Kazaa 'Shared' Folder Implies Distribution
·  No Cert for Challenge of Extension of Copyright Term
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Samba Signs Internet Protocol Pact with Microsoft Vindicating EU Stance 
 
In one of the most important agreements signed in the wake of a landmark Sept. 17 ruling by the European Court of First Instance backing the antitrust charges by the European Commission against Microsoft, the world's leading software maker licensed workgroup server technical protocols for the Windows Operating system to be used by the open-source software group Samba.  The breakthrough for Samba, which comes through an agreement Microsoft signed with the nonprofit Protocol Freedom Information Foundation, an organization established by the Software Freedom Law Center, follows a long-running battle that Microsoft waged to restrict information to open source software groups.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Hong Kong Begins Enforcing Ban on Unsolicited Electronic Messages
·  New York Attorney General Ends Probe of Dial-Up Charges from Earthlink Unit
·  ICANN Releases Domain Tasting Policy Report
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Numerical Attorney-Rating Web Site Is Opinion Protected by First Amendment 
 
A web site featuring information about attorneys and a comparative attorney rating system constitutes First Amendment-protected opinion, the U.S. District Court for the Western District of Washington held Dec. 18.  Browne filed a lawsuit against Avvo challenging the accuracy and validity of the rating system Avvo used on its web site to compare attorneys.  Avvo moved to dismiss on the grounds that the attorney ratings on its web site were protected by the First Amendment.  Judge Robert S. Lasnik agreed and granted Avvo's motion to dismiss.  Browne v. Avvo, Inc., 2007 ILRWeb (P&F) 3225.  Subscribers read more ...
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Chairman Promises Investigation of Comcast Internet Transmission Issues 
 
Federal Communications Commission Chairman Kevin Martin Jan. 8 said the FCC will look into allegations that Comcast discriminated against Internet activity by customers using file-sharing programs such as BitTorrent.  "We're going to investigate and make sure that no consumer is going to be blocked," Martin said.  His announcement at the 2008 Consumer Electronics Show (CES) came in response to a question posed by Consumer Electronics Association President and Chief Executive Officer Gary Shapiro during a public question and answer session. Subscribers read more ...
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Facebook Beacon Backlash Illustrates Privacy Expectation, Protection Disparity 
 
Consumer surprise and backlash to social networking site Facebook's roll-out of a feature that automatically publicized users' off-site activities revealed a wide gap between privacy expectations and privacy protections in the United States.  Consumer advocates in the United States, where online behavioral advertising and tracking is largely self-regulated and companies are not required to obtain consumer consent prior to collecting consumer data, are now calling for greater government regulation of this form of advertising.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  President to Seek Action on FISA in New Year, Aides Say
·  No Wiretap Act Violation for Reading, Using Competitor's Erroneously Sent E-Mail
·  Most People Surveyed Unconcerned About Information Available Online
·  Connecticut Governor to Propose Opt-Out for Personal Information Available Online
·  Revised CAN-SPAM, GLB Privacy, TSR Rules Due in '08, Regulatory Agenda Says
·  Efforts to Protect Security of Laptop Did Not Create Privacy on Monitored Network
·  Customer Class Complaint Against Sears Alleges Buying History Disclosed Online
·  Suppression Denied for E-Mails Obtained by Government Under Now-Questioned SCA
 
Subscribers may search ILR's Privacy & Security database 

JURISDICTION & PROCEDURE 
 
Server Site Sets Venue for E-Filing Fraud Prosecution 
 
Causing the electronic transmission of a fraudulent form to a federal agency establishes venue in the federal district in which the agency has its computer servers, the U.S. Court of Appeals for the Fourth Circuit held Dec. 14.  The venue provision applicable to securities offenses, 15 USC §78aa, provides:  "Any criminal proceeding may be brought in the district wherein any act or transaction constituting the violation occurred."  United States v. Johnson, 2007 ILRWeb (P&F) 3265.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Forum Selection Clause in Web Foreign Bride Service Contract Held Enforceable
·  Contact Regarding Litigation Not Jurisdiction Grounds Under New York Long-Arm Statute
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Supervisor's Consent for Police Search of Employee's Office Computer Held Invalid 
 
Police officers who obtained permission from regional church officials to search the office and computer of a pastor violated the Fourth Amendment when they went forward with the searches without obtaining consent from the pastor himself, the Florida District Court of Appeal, First District, held Dec. 26.  Under the circumstances of the case, the employee retained a reasonable expectation of privacy in personal files he placed on his office computer, the court decided.  State of Florida v. Young, 2007 ILRWeb (P&F) 3269.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Japan Proposes Criminal Spam Penalties, Forcing ISPs, Telecoms to Reveal Spammers
·  11 Indicted in Michigan on Fraud Charges of Operating Scheme Fueled by Spam E-Mail
·  Guilty Plea in Hacking, Deletion of Client Files
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Applied Information Sciences Corp. v. eBay, Inc., 2007 ILRWeb (P&F) 3253 [9th Cir] (Summary judgment favoring eBay upheld where owner of "SmartSearch" mark failed to produce any evidence of likely confusion)
·  Boston Duck Tours, LP v. Super Duck Tours, LLC, 2007 ILRWeb (P&F) 3257 [D Mass] (Purchase of competitor's mark as search keyword is trademark 'use' in commerce)
·  Browne v. Avvo, Inc., 2007 ILRWeb (P&F) 3225 [WD Wash] (Numerical attorney-rating web site is opinion protected by First Amendment)
·  Christian Credit Counselors, Inc. v. Domain Group LLC, 2007 ILRWeb (P&F) 3259 [WIPO] (Using generic domain name solely for third party links constitutes legitimate use where complainant's mark is not famous or distinctive and respondent had no actual knowledge of complainant's mark)
·  Columbia Pictures, Inc. v. Bunnell, 2007 ILRWeb (P&F) 3219 [CD Cal] (TorrentSpy's e-discovery violations earn terminating sanctions, default judgment)
·  Ehrenfeld v. Mahfouz, 2007 ILRWeb (P&F) 3271 [NY Ct App] (Contact regarding libel litigation not jurisdiction grounds under New York long-arm statute)
·  Florida, State of v. Young, 2007 ILRWeb (P&F) 3269 [Fla Dist Ct App] (Supervisor's consent for police search of employee's office computer held invalid)
·  Ideal Aerosmith, Inc. v. Acutronic USA, Inc., 2007 ILRWeb (P&F) 3255 [WD Pa] (No Wiretap Act violation for reading, using competitor's erroneously sent e-mail)
·  iFranchise Group v. Bean, 2007 ILRWeb (P&F) 3267 [WIPO] (Where a privacy service is listed as the domain name registrant at the time a complaint is filed, but the registrant is identified as someone other than the privacy service after the filing, the UDRP panel elects to treat the underlying registrant as the proper party respondent)
·  Krause v. Chippas, 2007 ILRWeb (P&F) 3261 [ND Tex] (Web site's forum selection clause is binding on parties)
·  PeoplePC, Inc., In re (Assurance of Discontinuance), 2007 ILRWeb (P&F) 2719 [NY Att'y Gen] (New York attorney general ends probe of dial-up charges from Earthlink unit)
·  United States v. Johnson, 2007 ILRWeb (P&F) 3265 [4th Cir] (Server site sets venue for e-filing fraud prosecution)
·  United States v. King, 2007 ILRWeb (P&F) 3221 [11th Cir] (No reasonable expectation of privacy in computer files remotely accessed over military computer network)
·  United States v. Warshak, 2007 ILRWeb (P&F) 3273 [SD Ohio] (Suppression is not appropriate for e-mails seized by the government in good-faith reliance on the Stored Communications Act, which does not provide for a suppression remedy)
·  Virgin Records America, Inc. v. Thompson, 2008 ILRWeb (P&F) 1001 [5th Cir] (Attorney's fees against record companies not warranted where infringement suit against wrongly identified party was not frivolous)
·  Visa International Service Association v. JSL Corp., 2007 ILRWeb (P&F) 3275 [D Nev] (Adding 'e' before trademark in domain name deemed evidence of actual dilution)
·  Woodruff v. Anastasia International, Inc., 2007 ILRWeb (P&F) 3263 [Tenn Ct App] (Forum selection clause in Web foreign bride service contract held enforceable)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Atlantic Recording Corp. v. Howell (Plaintiffs' Supplemental Brief in Support of Their Motion for Summary Judgment), 2007 ILRWeb (P&F) 3220 [D Ariz] (Record companies argue saving music files in Kazaa 'shared' folder implies distribution)
·  Desantis v. Sears, Roebuck and Co. (Class Action Complaint), 2008 ILRWeb (P&F) 1000 [Ill Cir Ct] (Customer class complaint against Sears alleges buying history disclosed online)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

U.S. Mobile WiMAX Market Update - New
With the recent resignation of Sprint Nextel CEO Gary Forsee raising speculation as to the long term prospects of Sprint Nextel's WiMAX effort, Xohm, and news that Clearwire has delayed its WiMAX rollout in at least one market, we take a look at how these developments, along with the demise of the Sprint Nextel/Clearwire WiMAX partnership, could affect the future of services riding on the next-generation wireless technology. We provide our views of the likely success factors and challenges for WiMAX initiatives over the next 12 – 18 months.

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-vrse, are having on cable offerings and strategies.

View all Market Research Reports & Briefs

Events & Conferences 
 
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

Internet Law Attorney Directory

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