Latest News 
 
INTELLECTUAL PROPERTY
 
Advertising with Another's Trademark Online Contributed to Likely Confusion 
 
The presence of two similarly-named companies on the Internet contributes to a likelihood of confusion between them, even if the services they offer are not identical, the U.S. District Court for the Northern District of California held Jan. 15.  The court granted a trademark owner's preliminary injunction on finding that the contemporaneous Internet presence of the mark owner's web site building company and the plaintiff's identically named financial services company contributed to a likelihood of confusion.  Palantir Technologies, Inc. v. Palantir.net, Inc., 2008 ILRWeb (P&F) 1037.  Subscribers read more ...

Other Intellectual Property news:
 
·  Experts Debate Efficacy, Appropriateness of Service Provider-Imposed Copyright Filters
·  Lawsuits Likely to Rise Over Virtual World Creations, Copyright
·  Royalty Board Issues Determination of Rates, Terms for Business Establishment Services
·  Trademark Owners Question Efficacy of ICANN's Domain Registration Fee Scheme
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Ruling for Anti-Spyware Vendor Lauded, but CDA §230 Application Called Suspect 
 
Giving software programs the authority to block suspected spyware is desirable in today's culture of pervasive malware and covert behavioral tracking, but the dimensions of that authority— through Communications Decency Act §230 immunity or otherwise—may not be so clear cut.  A federal district court in Washington recently ruled in Zango, Inc. v. Kaspersky Lab, Inc., 23 ILR (P&F) 402 (WD Wash, 2007), that §230 provided immunity to an anti-spyware program's maker in a suit brought by a blocked advertiser. The case is on appeal in the Ninth Circuit and will be argued this coming spring.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Microsoft Proposes Deal with Yahoo, Raising Privacy, Competition Concerns
·  House Commerce Subcommittee Plans to Scrutinize Internet Mergers, Chair Says
·  Online Advertiser Reaches Accord with FTC Over Misleading 'Free' Product Promotions
·  Japan Seeks Changes to Spam Policy; Would Require Consumer Opt-In, Up Fines
·  Disloyal Employee's PC Access Was 'Unauthorized'
·  Signed E-Security Pact Enforceable Against Worker
·  FTC Challenges Internet Advertiser's Actions as Violation of Previous Permanent Injunction
·  Bush Proposes Bolstering NIST Funding, but Several Key Programs Phased Out
·  Marketers Must Pay Over $2.5 Million for Making False Product Efficacy Claims
 
Subscribers may search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
Report Says Bush's Broadband Goal Met, but Additional Data, Competition Needed 
 
The Commerce Department's National Telecommunications and Information Administration (NTIA) released a report Jan. 31 concluding that President Bush's goal of universal, affordable broadband access by 2007 was met, but that more work is needed.  "As this report demonstrates, a reasonable assessment of the available data indicates that the nation has, to a very great degree, realized this objective," the report stated.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  No Need for Net Neutrality Regulations, Verizon's Tauke Tells High-Tech Conference
·  Spectrum Auction Achieves Goal of Ensuring 'Open Access' Network
·  President Requests Huge Increases for Communications Policy Agencies
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Kids' Social Networking Site Settles FTC's Allegations of Violating COPPA 
 
The operators of a social networking site specifically targeting children between the ages of 8 and 14 will be required to delete all personal information collected and maintained within that site, according to a proposed settlement filed by the federal government in the U.S. District Court for the Northern District of California.  In addition to prohibiting future violations of federal law, the settlement would require the defendants, Industrious Kid, Inc. and owner Jeanette Symons, to pay a $130,000 civil penalty.  United States v. Industrious Kid, Inc. (Consent Decree and Order), 2008 ILRWeb (P&F) 1067.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Reid Works to Break Senate Impasse Over Long-Term Measure Updating FISA
·  President Signs Bill Providing Extension of Surveillance Law
·  Advisory Committee Hears Debate on Adequacy of Social Network Privacy Policies
·  Three More States Introduce Legislation Focused on Adware, Spyware Installations
·  Cybersecurity, Data Privacy Addressed in President's Fiscal 2009 Proposed Budget
·  FTC Forum to Examine Privacy Impact of Marketing to Mobile Consumer Devices
·  HP, Intuit, AOL Most Trusted Firms for Privacy, Ponemon Survey Finds
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Iowa Proposes Tax Exemption for Qualified Purchases by Web Search Portal Businesses 
 
The Iowa Department of Revenue has proposed amending the state's provision on exemptions for manufacturers and others engaged in processing to add a new exemption for purchases of specified property and services made by a qualifying Web search portal business.  The amendment, published in the Jan. 2 issue of the Iowa Administrative Bulletin, would implement Iowa Code Section 423.3(89) by adding Iowa Regulations Section 701-230.10(423).  Subscribers read more ...

Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Online Auction Shutdown Request Satisfies Calder 'Minimum Contacts' Jurisdiction Test 
 
A company that requested eBay to shut down an auction of allegedly-infringing products is subject to the jurisdiction of a court in the state where the auction hosts reside, the U.S. Court of Appeals for the Tenth Circuit held Jan. 28.  A company contacted eBay requesting that the Internet auction site terminate an auction of products it alleged infringed on its copyrights, and also e-mailed the auction hosts, stating that it intended to file an action in federal court against them. The auction at issue was hosted by a couple residing in Colorado, and their auction pages clearly noted that the merchandise was located in Colorado. Dudnikov v. Chalk & Vermilion Fine Arts, Inc., 2008 ILRWeb (P&F) 1061.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Registry Agreement Forum Selection Clause Binds Third Party Who Invoked UDRP Clause
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Colorado Introduces Anti-Spam Statute Establishing Civil, Criminal Penalties 
 
Legislation introduced in Colorado Jan. 17 would establish civil sanctions and criminal penalties for parties who violate the federal CAN-SPAM Act or send certain other kinds of unsolicited commercial e-mail messages.  The "Spam Reduction Act of 2008" (H.B. 1178), defines a violation of the CAN-SPAM Act, 15 USC §7701-7713, as a deceptive trade practice and creates a new misdemeanor e-mail fraud offense.  Subscribers read more ...
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Ankersen v. Option Care Enterprises, Inc., 2008 ILRWeb (P&F) 1083 [SD Ind] (Electronic security agreement prohibiting employees from copying software or storage media is enforceable against an employee who read the terms, signed the agreement)
·  Compana LLC v. Mondial Assistance SAS, 2008 ILRWeb (P&F) 1075 [ND Tex] (Registry agreement forum selection clause binds third party who invoked UDRP clause)
·  Curran v. Cousins, 2007 ILRWeb (P&F) 3311 [1st Cir] (Correctional officer's termination stemming from content of Internet posting did not violate First Amendment; public interest in speech outweighed by effective functioning of Sheriff's Department)
·  Detroit, City of v. Detroit Police Officers Association, 2007 ILRWeb (P&F) 3307 [Mich Ct App] (City wrongfully suspended police officer for continuing to operate website critical of department officials)
·  Dudnikov v. Chalk & Vermilion Fine Arts, Inc., 2008 ILRWeb (P&F) 1061 [10th Cir] (Online auction shutdown request satisfies Calder 'minimum contacts' jurisdiction test)
·  Federal Trade Commission v. Sili Neutraceuticals, LLC (Default Judgment and Order), 2008 ILRWeb (P&F) 1085 [ND Ill] (Marketers must pay over $2.5 million for making false product efficacy claims)
·  Modis, Inc. v. Bardelli, 2008 ILRWeb (P&F) 1077 [D Conn] (Employee's use of company e-mail system to communicate with a future employer was "unauthorized" within the meaning of the CFAA)
·  MySpace, Inc. v. Total Web Solutions Ltd., 2008 ILRWeb (P&F) 1071 [Nominet UK DRS] (MySpace secures transfer of .uk domain name registered six years before MySpace's founding)
·  National Association for Stock Car Auto Racing, Inc. v. Racing Connection, 2008 ILRWeb (P&F) 1081 [WIPO] (Respondent, which sells tours to NASCAR events, has a legitimate interest in using the domain name "nascartours.com" in connection with a bona fide offering of services)
·  Palantir Technologies, Inc. v. Palantir.net, Inc., 2008 ILRWeb (P&F) 1037 [ND Cal] (Advertising with another's trademark online contributed to likely confusion)
·  Shell v. DeVries, 2007 ILRWeb (P&F) 3309 [10th Cir] (Reproduction of copyrighted pages from website for use as evidence in unrelated litigation constitutes fair use)
·  Target Brands, Inc. v. RareNames, WebReg, 2008 ILRWeb (P&F) 1073 [NAF] (Respondent uses the domain name "targetcard.com" in connection with a bona fide offering of goods or services, and respondent has legitimate interests in the domain name "targetpromotion.com")
·  TiVo, Inc. v. EchoStar Communications Corp., 2008 ILRWeb (P&F) 1079 [Fed Cir] (Judgment of infringement against maker of digital video recorders affirmed in part and reversed in part)
·  United States v. Industrious Kid, Inc. (Consent Decree and Order), 2008 ILRWeb (P&F) 1067 [ND Cal] (Kids' social networking site settles FTC's allegations of violating COPPA)
·  United States v. Little, 2008 ILRWeb (P&F) 1069 [MD Fla] (Court rejects challenge to constitutionality of obscenity statutes in the context of the Internet)
·  United States v. Member Source Media LLC (Stipulated Final Judgment), 2008 ILRWeb (P&F) 1065 [ND Cal] (Online advertiser reaches accord with FTC over misleading 'free' product promotions)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Federal Trade Commission v. Odysseus Marketing, Inc. (Plaintiff's Motion for an Order Holding Defendants in Civil Contempt for Violations of Permanent Injunction and Memorandum in Support), 2008 ILRWeb (P&F) 1016 [D NH] (FTC challenges Internet advertiser's actions as violation of previous permanent injunction)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

The iTunes Movie Rental Service - Can it Enliven Apple TV? - New!
Apple's introduction of an online movie rental service through iTunes will enable consumers to view Web-based video on their televisions. The service uses the Apple TV set-top box, which the company hopes will heat up what so far have been lackluster sales of the device. In this competitor profile, we assess the opportunities and risks that Apple faces with the new iTunes venture -- especially its chances of competing against growing libraries of video-on-demand services from multichannel video providers.

Broadband Competition Outlook 2008 - New!
This report offers up Pike & Fischer's projections for the coming year on competitive developments in the broadband services market. It includes forecasts on subscriber growth for various services and qualitative analysis of the impact that new applications such as mobile broadband applications, high-definition TV and VoIP will have on the marketplace. Eight bar and pie charts are included.

View all Market Research Reports & Briefs

Events & Conferences 
 
Broadband Policy Summit IV - Navigating the Digital Revolution
The Westin Embassy Row, Washington, D.C., June 12 -13, 2008
BPS IV--the 2008 edition of the preeminent annual forum for the broadband telecommunications industry--will once again air and dissect the critical and complex issues facing broadband businesses and policymakers. Interact with panels of top federal, state, and private sector players and top-level keynoters to gain invaluable, actionable insights into the industry's emerging shape and explore new developments in recurring themes. View the Summit Agenda or our list of speakers, growing daily. Register today and take advantage of our early bird rate. 


Best Practices for Businesses Exploring, Exploiting, and Expanding in Web 2.0
Best-selling audio conference CD now available!
Don't miss out on this opportunity to gain practical guidance from industry professionals on how best to harness the power of Web 2.0 while mitigating legal risks. The recording of our Jan. 15 program, on CD, is now available--to revisit on your own, or share with colleagues. Your purchase includes the original presentation handout--PLUS the Q&A with our speakers.  Order now.

View all Events & Conferences

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