Latest News 
 
INTELLECTUAL PROPERTY
 
Alleged Unauthorized Purchase of Keyword Ad Term Yields 'Plausible' Lanham Act Claim 
 
The unauthorized purchase of Internet keyword advertising search terms containing a competitor's trademark may be a "use in commerce" under the Lanham Act, the U.S. District Court for the Eastern District of Kentucky held Jan. 31.  T.D.I. International, a maker of golf course drainage systems, filed a trademark infringement suit against a competitor, Golf Preservations, Inc., alleging that the competitor's purchase of Google keywords incorporating the plaintiff's marks (XGD and XGD SYSTEMS) was unlawful.  The competitor moved to dismiss, arguing that the purchase of keyword ads was not a "use in commerce" within the meaning of the Lanham Act.  T.D.I. International, Inc. v. Golf Preservations, Inc., 2008 ILRWeb (P&F) 1087.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Federal Circuit Affirms $73.9 Million Award to TiVo for Infringement by EchoStar
·  Breach of Software License Agreement Not Copyright Violation Unless Exceeding Scope
·  Evidence of P2P Music Transfers Satisfies Pleading Requirements in Copyright Dispute
·  House Approves Bill Requiring Colleges to Take Action on Online Piracy
·  Web Listing Did Not Suffice for Infringement Pleading
·  Federal Circuit Declines to Rehear Ruling That Signals Are Not Patentable
·  Court Affirms Ruling That 1-800 Number Did Not Infringe Vail Ski Resort Service Mark
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Yahoo! Rejects Microsoft Merger Offer; Lawmakers Watch as Firms Weigh Next Steps 
 
Yahoo! Inc. Feb. 11 announced its decision to turn down a $44.6 billion acquisition offer from Microsoft Corp. but left open the possibility for a future deal.  Microsoft's unsolicited offer was deemed inadequate by Yahoo's board of directors, according to a statement from Yahoo.  "After careful evaluation, the board believes that Microsoft's proposal substantially undervalues Yahoo! including our global brand, large worldwide audience, significant recent investments in advertising platforms and future growth prospects, free cash flow and earnings potential, as well as our substantial unconsolidated investments," the company said.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Alleged ECPA, State Law Violations Subject to Click-Contract's Forum Selection Clause
·  Colorado Legislators Advance Anti-Spam Bill Aligning State Law with CAN-SPAM Act
·  Whether to Exploit Hidden Metadata Is Up to Pennsylvania Lawyers Themselves
·  ICANN Seeks Comments on gTLD Technical Stability
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Compelling Identity of Internet Speaker Requires Prima Facie Evidence of Wrong 
 
A plaintiff seeking to compel the identity of an anonymous Internet speaker must make a prima facie showing that the statements published online are defamatory in order to overcome a motion to quash an identifying subpoena, the California Court of Appeal held Feb. 6.  Adopting a new standard for California, the court said that the proper test for balancing an Internet poster's First Amendment right to speak anonymously against the rights of the person about whom he is speaking is whether the plaintiff has made a prima facie showing of success on the merits.  Krinsky v. Doe 6, 2008 ILRWeb (P&F) 1201.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Seventh Circuit to Consider CDA §230 Applicability for Non-Screening Web Host
·  New York Legislators Introduce Bill to Restrict Sexual Predators' Internet Access
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Senate Approves Legislation to Shield Phone Companies from Wiretap Lawsuits 
 
The Senate Feb. 12 approved a controversial electronic surveillance bill with provisions to shield telephone companies from lawsuits accusing them of illegally assisting the Bush administration with warrantless surveillance activities.  The provisions, which divided Senate Democrats, were included in broader legislation (S. 2248) to overhaul the Foreign Intelligence Surveillance Act (FISA).  The Senate approved the bill 68-29, after defeating a series of amendments to strike or alter the retroactive immunity language.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  House Commerce Democrats Urge Colleagues to Reject Telecom Immunity
·  Tauke Backs Wireless Measure, Pans Planned Net Neutrality Bill
·  EC Tells Telecoms to Reduce Roaming Fees on Cross-Border Messaging, Data Downloads
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Wiretap Act 'Interception' Held to Require Access Contemporaneous with Transmission 
 
Using passwords gleaned from key logging software to read e-mails and messages stored online is not "interception" within the meaning of the Wiretap Act, but does come within the purview of the Stored Communications Act, the U.S. District Court for the Eastern District of Michigan held Feb. 6.  In a case of first impression in the Sixth Circuit, the court said that in order to "intercept" an electronic communication in violation of the Wiretap Act, one must access the communication at the moment it is transmitted.  Bailey v. Bailey, 2008 ILRWeb (P&F) 1209.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  California Legislature Advances Bill Expanding Security Breach Notification Law
·  EU Privacy Official Hustinx Says to Expect Hike in Data Protection Enforcement Levels
·  Health Insureds Must Produce Blogs About Illness Despite Privacy, Treatment Concerns
·  User Audience Expectations:  Key to Effective Internet Social Network Privacy Disclosures?
·  Technology Changes, Resulting Attitudes Shift Contributing to Loss of Privacy, Kozinski Says
·  New Jersey Proposed Rules on Computer Security Will Not Be Adopted as Proposed
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Boucher, Goodlatte Reintroduce Measure on State Business Activity Taxing Nexus 
 
Reps. Rick Boucher (D-Va.) and Bob Goodlatte (R-Va.) Feb. 7 reintroduced legislation to establish bright-line standards to delineate when states can levy business activity taxes on out-of-state businesses, a measure long sought by corporations but sharply criticized in the past by state groups and governments.  The legislation is particularly focused on setting national guidelines for when a business would be considered to have physical nexus with a state, with one general guideline being that a company must use employees or services in a state for 15 days or more in a calendar year before it is liable to pay business activity taxes to that jurisdiction.  Subscribers read more ...

Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Dietary Product Web Site Poll, Link to Distributor Irrelevant to Jurisdiction Query 
 
A company whose web site contained links to a distributor offering the company's products for sale was not subject to the jurisdiction of a Texas court because of its web site or product sales on the unrelated site, the U.S. District Court for the Northern District of Texas held Jan. 17.  Dymatize Enterprises, Inc. v. Reflex Nutrition Ltd., 2008 ILRWeb (P&F) 1097.  Subscribers read more ...
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Suspended Jail Time Ordered in France for E-Mail Spying Using Firm's Passwords 
 
Unauthorized use of a security password to view third-party e-mail constitutes a violation of secrecy of correspondence as well as fraudulent access to a protected computer system, and may be punished with jail time, according to a decision from a leading French court that was recently made public for the first time when it was posted on a website.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Teenager Pleads Guilty to Involvement in Scheme Involving Military Computers
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Arista Records, LLC v. Does 1-27 (Recommended Decision on Motions to Dismiss), 2008 ILRWeb (P&F) 1099 [D Me] (Evidence of P2P music transfers satisfies pleading requirements in copyright dispute)
·  Bailey v. Bailey, 2008 ILRWeb (P&F) 1209 [ED Mich] (Wiretap Act 'interception' held to require access contemporaneous with transmission)
·  Beye v. Horizon Blue Cross Blue Shield of New Jersey (Order on Informal Application), 2007 ILRWeb (P&F) 2917 [D NJ] (Court grants company's request for discovery of information children posted online about their eating disorders)
·  Beye v. Horizon Blue Cross Blue Shield of New Jersey (Order), 2007 ILRWeb (P&F) 3313 [D NJ] (Considering privacy and treatment-related arguments raised, court modifies previous order to include only those materials children shared with others, including entries on Internet social networks such as Facebook and MySpace)
·  Beye v. Horizon Blue Cross Blue Shield of New Jersey (Order on Informal Application), 2008 ILRWeb (P&F) 1089 [D NJ] (Court addresses concerns raised by insurance company about subscriber's compliance with the order, ordering subscriber to certify whether or not she had produced the documents requested in the modified order)
·  Comité Interprofessionel du Vin de Champagne (CIVC) v. Doyle, 2008 ILRWeb (P&F) 1211 [WIPO] (Champagne distributor in Ireland must surrender domain name "champagne.ie" to organization representing champagne producers)
·  Doe v. Network Solutions, LLC, 2008 ILRWeb (P&F) 1101 [ND Cal] (Alleged ECPA, state law violations subject to click-contract's forum selection clause)
·  Dymatize Enterprises, Inc. v. Reflex Nutrition Ltd., 2008 ILRWeb (P&F) 1097 [ND Tex] (Dietary product web site poll, link to distributor irrelevant to jurisdiction query)
·  Haymarket Media Group Ltd. v. Whatcar Ltd., 2008 ILRWeb (P&F) 1093 [WIPO] (Notwithstanding respondent's prior knowledge of complainant's mark, where domain name with cc-TLD targets customers in country where complainant does not do business, respondent has demonstrated rights or legitimate interests)
·  Jayne v. Google Internet Search Engine Founders, 2008 ILRWeb (P&F) 1213 [3d Cir] (Google and its founders are not state actors, so plaintiff's allegation—that his social security number when turned upside down is a scrambled code that spells "Google"—does not constitute a violation of the Constitution or federal law)
·  Krinsky v. Doe 6, 2008 ILRWeb (P&F) 1201 [Cal Ct App] (Plaintiff seeking to unmask anonymous Internet poster must make prima facie showing of libel)
·  Netbula, LLC v. Storage Technology Corp., 2008 ILRWeb (P&F) 1095 [ND Cal] (Breach of software license agreement not copyright violation unless exceeding scope)
·  Nuijten, In re (Order Denying Rehearing), 2008 ILRWeb (P&F) 1207 [Fed Cir] (Court denies rehearing of its ruling that signals embedded with information allowing them to place digital watermarks on electronic data files are unpatentable)
·  Taurus IP, LLC v. Ford Motor Co., 2008 ILRWeb (P&F) 1205 [WD Wis] (Web listing did not suffice for infringement pleading)
·  T.D.I. International, Inc. v. Golf Preservations, Inc., 2008 ILRWeb (P&F) 1087 [ED Ky] (Alleged unauthorized purchase of keyword ad term yields 'plausible' Lanham Act claim)
·  TiVo, Inc. v. EchoStar Communications Corp., 2008 ILRWeb (P&F) 1079 [Fed Cir] (Federal circuit affirms $73.9 million award to TiVo for infringement by EchoStar)
·  United States v. Shrake, 2008 ILRWeb (P&F) 1203 [7th Cir] (Constructional challenges to Adam Walsh Child Protection and Safety Act rejected)
·  Vail Associates, Inc. v. Vend-Tel-Co., Ltd., 2008 ILRWeb (P&F) 1215 [10th Cir] (Ski resort failed to prove likelihood of confusion with toll-free alphanumerical phone number; initial interest confusion is not assumed and must be proven by the evidence)
·  Wildfire, Inc. v. Namebase, 2008 ILRWeb (P&F) 1091 [WIPO] (The relevant date for determination of a complainant's trademark rights should be the date of registration of the domain name and not the date of the complaint)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Bradburn v. North Central Regional Library District (Plaintiffs' Memorandum in Support of Motion for Summary Judgment), 2008 ILRWeb (P&F) 1202 [ED Wash] (ACLU argues that public library's use of filtering system blocks access to constitutionally protected expression)
·  Gatson v. Seneca Technologies, Inc. (Memorandum in Opposition to Preliminary Injunction), 2008 ILRWeb (P&F) 1200 [W Va Cir Ct] (Injunction prohibiting the posting of electronic copies of state tax maps would constitute a prior restraint on speech)
 
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 
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.

Global IP Exchange – May 4-6, 2008 – Pinehurst Resort, NC
This exclusive event will bring together an elite group of senior strategists to participate in discussions on the most critical issues in the management of intellectual property. Participants will attend strategic conference sessions, unscripted Brain Weave™ discussions, and private consultations with leading service providers in the industry. Visit http://www.globalipexchange.com for more information.

View all Events & Conferences

Internet Law Attorney Directory

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