Latest News 
 
INTELLECTUAL PROPERTY
 
Trademark in Keyword Ad Caused Initial Interest Confusion by Diverting Customers 
 
Using a competitor's trademark in keyword advertising and actually diverting Internet searchers constitutes initial interest confusion in violation of the Lanham Act, the U.S. District Court for the Northern District of California held Feb. 15.  The court said that diversion, in an Internet search engine context, constituted initial interest confusion.  The court did not decide whether initial interest confusion was also present when search terms were entered into an internal catalog search feature, however, citing a dearth of facts.  Storus Corp. v. Aroa Marketing, Inc., 2008 ILRWeb (P&F) 1251.  Subscribers read more ...

Other Intellectual Property news:
 
·  Wisconsin Alumni Research Foundation Sues Intel for Patent Infringement
·  Copyright Office Declares Judges' Ruling on Ephemeral Rates Was Legal Error
·  Ruling Appealed That Credit Card Companies Not Liable for Users' Copyright Infringement
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Electronically Transmitted Receipt 'Printed' on Screen Subject to FACTA Requirements 
 
Fair credit reporting standards limiting the printing of consumer credit card information on receipts govern online transaction confirmations in addition to in-person store sales, the U.S. District Court for the Southern District of Florida held Jan. 29.  Grabein filed a lawsuit against 1-800-Flowers arising from an online flower purchase.  When Grabein purchased flowers from the retailer online, he was provided with an electronically transmitted receipt that included his credit card expiration date, which he alleged violated the Fair Credit Reporting Act, 15 USC §1681c(g), as amended by the Fair and Accurate Credit Transaction Act of 2003 (FACTA).  Grabein v. 1-800-Flowers.com, Inc., 2008 ILRWeb (P&F) 1109.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  FTC to Examine Range of Issues Surrounding Wireless Applications
·  Microsoft Commitment to Interoperability Draws Skeptical Response from Regulators
·  EU Internet, E-Mail Providers Make Progress Tackling Spam in 2007, ENISA Study Finds
·  Preemption of Maine Tobacco Laws May Hinder Efforts Against Web Sales to Minors
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Providing Category Tags Does Not Make Gripe Site Owners CDA Information Providers 
 
An open forum web site allowing users to post gripes about companies does not jeopardize its role as publisher, for Communications Decency Act purposes, merely by providing categories and "tags" for users to apply to posts, the U.S. District Court for the Middle District of Florida held Feb. 15.  The court said that an Internet gripe site was entitled to immunity under the CDA, 47 USC §230, for defamation claims stemming from posts it hosted on its site.  Even though it offered users various categories to choose from and provided users with advice on how to make their gripes reach a wide audience, there was no evidence that the site or its owners controlled the content, the court said.  Whitney Information Network, Inc. v. Xcentric Ventures, LLC, 2008 ILRWeb (P&F) 1223.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Raising Defamation, Customer Privacy Claim, Caymans Bank Gains Order Closing Wikileaks
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Prepared to Step In If Networks Improperly Block Internet, Martin Says 
 
The chairman of the Federal Communications Commission said Feb. 25 that the agency is ready to step in if it determines that network operators are engaging in management practices that improperly block consumer access to the Internet.  FCC Chairman Kevin J. Martin made his remarks during an en banc field hearing of the commission into broadband network management practices.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Markey Circulates Wireless Bill with Preemption, Consumer Safeguards
·  Internet Companies, Policy Groups Say Comcast Violates FCC's Neutrality Principles
·  President Says He Will Not Budge on Demands for Telecom Immunity
·  French Agency Won't Contemplate Temporary Measures in Telecom Probe
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Google Pilot to Test Personal Health Records; Group Cites More User Control Than HIPAA 
 
Google, Inc. recently launched a pilot with the Cleveland Health Clinic to test a prototype program that would allow patients access to their health records through posting them in their online Google account, according to a statement posted Feb. 21 on the company's official blog by Engineering Manager Alan Newburger.  Newburger said that the Google plan would keep confidential health information private because only the individual would have control over when the data could be shared with family members or health care providers.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Senators Introduce Legislation to Curb Internet 'Phishing' Scams
·  FTC Closes Monster.com Breach Inquiry, Doesn't Order New Data Security Measures
·  Federal Retirement Thrift Investment Board Focusing on Computer Security, Telework
·  French Privacy Official Is Elected to Lead EU Data Privacy Group, Discusses Priorities
·  U.S., EU Create Joint Working Group to Discuss Plans for Safe Harbor Program
·  Commercial Online E-Health Record Sites May Not Protect Privacy, Group Cautions
·  Missouri Attorney General Files Suit Against Online Seller of Personal Information, SSNs
·  Hack of South Korean eBay Exposes Data of 18 Million; Ministry Asks China for Help
·  State Teams Tackling Privacy, Security Issues Making Some Progress, HHS Agencies Report
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Iowa Senate OKs Sales, Property Tax Breaks to Lure Web Search Portal Firms 
 
The Iowa Senate Feb. 20 approved, 45-2, and cleared for the governor legislation (H.F. 2233) that would offer sales and property tax exemptions to businesses that establish web search portal companies in the state.  H.F. 2233, introduced by the House Ways and Means Committee, would offer state sales tax exemptions on the sales or rentals of computers and equipment necessary for the maintenance and operation of a web search portal business, provided the business is located in Iowa and invested at least $200 million in the state in its first six years of operation.  Subscribers read more ...

Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Website Serving Customers in Forum Forms Basis for Jurisdiction Over Its Host 
 
A company that sold goods to as many as 150 New York residents via its website is subject to personal jurisdiction there based on the website, the U.S. District Court for the Eastern District of Pennsylvania held Feb. 12.  Structure Probe, Inc., a manufacturer and distributor of analytical equipment, filed a lawsuit against EMS Acquisition, a competitor it alleged copied, distributed, and advertised works it authored.  EMS Acquisition Corp. v. Structure Probe, Inc., 2008 ILRWeb (P&F) 1231.  Subscribers read more ...
 
Subscribers may search ILR's Jurisdiction & Procedure database

Latest Cases 
 
·  Atlantic Recording Corp. v. Brennan, 2008 ILRWeb (P&F) 1247 [D Conn] (Insufficient justification for entering default judgment in favor of record companies in case alleging infringement via P2P file sharing service)
·  Bank Julius Baer & Co. Ltd. v. Wikileaks (Order Granting Permanent Injunction), 2008 ILRWeb (P&F) 1235 [ND Cal] (Raising defamation, customer privacy claim, bank gains order closing Wikileaks)
·  Bank Julius Baer & Co. Ltd. v. Wikileaks (Amended Temporary Restraining Order and Order to Show Cause re Preliminary Injunction), 2008 ILRWeb (P&F) 1237 [ND Cal] (Court ordered a website specializing in leaked documents to shut down and remove all documents from sites around the world that allegedly contain customer data stolen from a private Swiss bank operating in Grand Cayman)
·  Brosnan v. Alki Mortgage, LLC, 2008 ILRWeb (P&F) 1239 [ND Cal] (CAN-SPAM suit dismissed with leave to amend; plaintiff must specifically state the adverse effects that the ISP suffered from defendant's alleged spam)
·  Economist Newspaper Ltd., The v. TE Internet Services, 2008 ILRWeb (P&F) 1249 [WIPO] (Complainant fails to prove bad faith registration of the domain name "theeconomist.com" more than 11 years ago; given the number of years that have elapsed, a UDRP proceeding is not the proper forum for testing the validity of respondent's specious claim that he registered the domain for website dedicated to Alan Greenspan)
·  EMS Acquisition Corp. v. Structure Probe, Inc., 2008 ILRWeb (P&F) 1231 [ED Pa] (Website serving customers in forum forms basis for jurisdiction over its host)
·  Grabein v. 1-800-Flowers.com, Inc., 2008 ILRWeb (P&F) 1109 (Electronically transmitted receipt 'printed' on screen subject to FACTA requirements)
·  Gregerson v. Vilana Financial, Inc., 2008 ILRWeb (P&F) 1241 [D Minn] (Digitally embedded watermark constitutes copyright management information under 17 USC §1202)
·  Lambert v. Hartman, 2008 ILRWeb (P&F) 1245 [6th Cir] (Government's posting of Social Security number on public website does not implicate constitutional right to privacy)
·  Mandatory Reliability Standards for Critical Infrastructure Protection (Final Rule), 2008 ILRWeb (P&F) 1243 [FERC] (Federal Energy Regulatory Commission approves eight Critical Infrastructure Protection Reliability Standards, which mandate compliance with requirements to safeguard critical cyber assets)
·  Rowe v. New Hampshire Motor Transport Association, 2008 ILRWeb (P&F) 1233 [US Sup Ct] (Federal statute preempts Maine's effort to limit Internet sales of tobacco products)
·  Storus Corp. v. Aroa Marketing, Inc., 2008 ILRWeb (P&F) 1251 [ND Cal] (Trademark in keyword ad caused initial interest confusion by diverting customers)
·  Whitney Information Network, Inc. v. Xcentric Ventures, LLC, 2008 ILRWeb (P&F) 1223 [MD Fla] (Providing category tags does not make gripe site owners CDA information providers)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  eBay, Inc. v. IDT Corp. (Complaint), 2008 ILRWeb (P&F) 1212 [WD Ark] (eBay alleges that Net2Phone's PennyTalk calling cards infringe its patent)
·  Missouri, State of, ex rel. Nixon v. The Source for PublicData, LP (Verified Petition), 2008 ILRWeb (P&F) 1220 [Mo Cir Ct] (Missouri attorney general files suit against online seller of personal information, SSNs)
·  United States v. Soloway (Motion to Dismiss Counts 19-25 of the Second Superseding Indictment), 2008 ILRWeb (P&F) 1214 [WD Wash] (Spammer charged with aggravated identity theft based on his spamming activity seeks dismissal of indictment)
·  United States v. Soloway (Government's Response in Opposition to Motion to Dismiss Aggravated Identity Theft Counts), 2008 ILRWeb (P&F) 1216 [WD Wash] (Spammer's motion to dismiss aggravated identity theft charges should be denied)
·  United States v. Soloway (Reply Memorandum in Support of Motion to Dismiss Counts 19-25 of the Second Superseding Indictment), 2008 ILRWeb (P&F) 1218 [WD Wash] (Spammer argues that forging a header in an e-mail does not constitute aggravated identity theft)
·  Wisconsin Alumni Research Foundation v. Intel Corp. (Complaint), 2008 ILRWeb (P&F) 1210 [WD Wis] (Researchers allege that Intel's Core 2 Duo processor infringes WARF's patent on a technology for improving the efficiency and speed of computer processing)
 
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 www.globalipexchange.com for more information.

View all Events & Conferences