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Latest News 
 
INTELLECTUAL PROPERTY
 
Search Engine Selling Keyword Ads Not Using Trigger Terms as Trademark 
 
A search engine that sold "spicy" as a keyword advertising term is not responsible for trademark infringement when a user's query for the trademarked "Mr. Spicy" phrase returned sponsored links, the United Kingdom's High Court of Justice, Chancery Division held Feb. 20.  The court said that Yahoo! UK had not used the plaintiff's "Mr. Spicy" mark in connection with the ads sold, and even if it had, it had not used the phrase as a trademark.  The court granted summary judgment in favor of Yahoo!, calling the plaintiff's claim "totally without merit."  Wilson v. Yahoo! UK Ltd., 2008 ILRWeb (P&F) 1285.  Subscribers read more ...

Other Intellectual Property news:
 
·  Utah Legislature Approves Measure Removing Teeth from Trademark Registry
·  Internet Client Leads Readily Available to Competitors Do Not Qualify as Trade Secrets
·  Federal Law Governs Whether Computer Patent Transfers Under Employment Deal
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
European Commission OKs Google's Takeover of Online Ad Technology Agency DoubleClick
 
The European Union's antitrust regulator gave the green light March 11 to the $3 billion Google takeover of online advertising technology company DoubleClick.  The regulators approved the takeover after conducting an in-depth probe that determined the merger posed no competition threats to the online advertising business.  As a result, the European Commission did not require any concessions from Google.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  EC Probing New Concerns That Microsoft Uses Clout to Skew Interoperability Standards
·  Economists Warn That Pending Anti-Scalping Regulations Will Ultimately Harm Consumers
·  Business Spending on IT Infrastructure Topped $250 Billion in 2006, Census Says
·  Measure Renews California's Intent to Prohibit False, Deceptive E-Mails
·  Two Registries Propose Add-Grace Curtailments for Domain Registrations
·  Japanese Ministries Seek to Amend Existing Spam Laws to Up Penalties
·  Yahoo! Holders Claim Directors Breached Duties by Rejecting Microsoft Acquisition
·  European Lawmakers Probe Bans of Online Gambling Operations in U.S.
·  Class Certified Against Microsoft for Vista Complaints
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Statement Guaranteeing Live Auction Safety Makes eBay CDA 'Content Provider'

Internet auction company eBay, Inc. cannot claim immunity under the Communications Decency Act, 47 USC §230, in a suit alleging fraudulent misrepresentation in a case in which eBay affirmatively guaranteed the safety of that auction with a statement on its website, the U.S. District Court for the Northern District of California held March 4.  The court said that eBay's statement made it a content provider under the CDA.  Mazur v. eBay, Inc., 2008 ILRWeb (P&F) 1405.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Professional Baseball Players Petition High Court to Reverse Ruling on Right of Publicity
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 

Martin Says FCC Ready, Willing to Investigate Network Complaints

Federal Communications Commission Chairman Kevin Martin clarified March 7 that the FCC is ready, willing, and able to investigate individual complaints about network management practices, but that he still does not believe regulation is necessary.  Martin's comments come about two weeks after the full commission held a public hearing on network management practices at Harvard Law School in Cambridge, Mass.  At the hearing, Martin indicated that the commission was ready to step in if operators improperly blocked traffic.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  Dorgan Sees Support for Net Neutrality but Legislation May Not See Vote This Year
·  Judiciary Panel Evaluates Role of Antitrust in Net Neutrality, Probes Internet Openness
·  House Commerce Democrats Renew Call for Warrantless Wiretapping Details
·  Telecom Industry Urges World's Regulators to Reduce Phone, Internet Access Barriers
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Student Loan Firm Settles FTC Charges of Failing to Secure Personal Information 
 
The Federal Trade Commission Feb. 19 approved a consent order to end an administrative proceeding against a student loan company that the FTC alleged failed to adequately protect personal information it collected and failed to meet the promises it made in its online privacy policy.  The commission made the settlement of the administrative proceeding public in a March 4 press statement.  In re Goal Financial, LLC (Agreement Containing Consent Order), 2008 ILRWeb (P&F) 1281.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Berkman Center Announces Net Safety Task Force
·  Coming IG Report Will Show New 'NSL' Problems at FBI, Director Says
·  Invasion of Privacy May Extend to Web Sites Selling Unauthorized Photo Merchandise
·  GAO Report Critical of SEC for Failure to Implement Information Security Program
·  Gingrich Says Electronic-Rx Bill May Pass, but Uncertain About E-Records Measure
·  CNIL:  Student Comment Site Violates Privacy, but No Action Needed Given Court's Ruling
·  Health IT Companies Need to Work Together on E-Health Data Security, Executives Says
 
Subscribers may search ILR's Privacy & Security database 

CRIMINAL LIABILITY 
 
Software Alliance Forum to Showcase Senate Legislation Fighting Cybercrime 
 
The Business Software Alliance is stepping up pressure on Congress to enact legislation that would increase federal prosecution of cybercrimes.  The issue is expected to be one of the concerns raised by chief technology officers of leading software and hardware companies in a March 12 policy forum organized by the trade group.  Members of the Congressional High-Tech Task Force have been invited to participate, as well as representatives from the Bush administration, according to BSA President Robert Holleyman.  Subscribers read more ...
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Curran v. Amazon.com, Inc., 2008 ILRWeb (P&F) 1283 [SD W Va] (Invasion of privacy may extend to websites selling unauthorized photo merchandise)
·  DDB Technologies, L.L.C. v. MLB Advanced Media, L.P., 2008 ILRWeb (P&F) 1289 [Fed Cir] (Federal law governs whether computer patent transfers under employment deal)
·  Fox News Network, LLC v. Domains by Proxy, Inc., 2008 ILRWeb (P&F) 1295 [WIPO] (Fox News fails to establish that respondent, whose president is known by the nickname "the British Fox," lacks a legitimate interest in the domain name "foxbusinessnetwork.com")
·  Global Royalties, Ltd. v. Xcentric Ventures, LLC, 2008 ILRWeb (P&F) 1293 [D Ariz] (CDA immunizes web site operator from liability for defamation, even where the author of the defamatory content himself requests that it be taken down)
·  Goal Financial, LLC, In re (Agreement Containing Consent Order), 2008 ILRWeb (P&F) 1281 [FTC] (Student loan firm settles FTC charges of failing to secure personal information)
·  Heartland Home Finance, Inc. v. Allied Home Mortgage Capital Corp., 2008 ILRWeb (P&F) 1113 [6th Cir] (Internet client leads readily available to competitors do not qualify as trade secrets)
·  Kelley v. Microsoft Corp., 2008 ILRWeb (P&F) 1291 [WD Wash] (Class certified against Microsoft for Vista complaints)
·  Madame G. v. S.A.R.L. Note2be.com, 2008 ILRWeb (P&F) 1409 [TGI Paris (France)] (French website, which allows students to post comments about teachers, is ordered to cease collecting, processing, and publishing teachers' names)
·  Mazur v. eBay, Inc., 2008 ILRWeb (P&F) 1405 [ND Cal] (Statement guaranteeing live auction safety makes eBay CDA 'content provider')
·  McMann v. McEachern, 2008 ILRWeb (P&F) 1297 [WIPO] ("Sucks" domain name is an exercise of respondent's First Amendment rights, and, in light of prior judicial decisions, respondent has legitimate interest in domain name that does not append "sucks")
·  Research in Motion UK Ltd. v. Visto Corp., 2008 ILRWeb (P&F) 1287 [High Ct Just, Ch Div (UK)] (A European patent about systems for synchronizing e-mail stores as proposed to be amended is invalid for lack of inventive step and because it claims a computer program as such but, if valid, would be infringed by the RIM Mail Connector)
·  Steinbuch v. Cutler, 2008 ILRWeb (P&F) 1407 [8th Cir] (Dismissal of tort actions arising from notorious blog entries is affirmed, but a remand is ordered for jurisdictional discovery to be taken against one publisher)
·  Wilson v. Yahoo! UK Ltd., 2008 ILRWeb (P&F) 1285 [High Ct Just, Ch Div (UK)] (Neither search engine nor keyword advertisers are liable for infringement where Internet user types in trademarked term "Mr. Spicy" and sponsored links appear, triggered by the use of "spicy" as a search term)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Bank Julius Baer & Co. Ltd. v. Wikileaks (Notice of Dismissal), 2008 ILRWeb (P&F) 1402 [ND Cal] (Bank voluntarily dismisses, without prejudice, its action against a website that posts documents submitted by anonymous whistle-blowers)
·  Doe I v. Doe 21 (Doe 21's Memorandum in Support of Motion to Quash Plaintiff's Subpoena), 2008 ILRWeb (P&F) 1232 [D Conn] (Anonymous poster, seeking to quash subpoena issued to his ISP, argues that his statement, indicating that "women [with two common first names] should be raped," constitutes constitutionally protected speech)
·  e360insight, LLC v. Comcast Corp. (Comcast's Answer and Affirmative Defenses), 2008 ILRWeb (P&F) 1400 [ND Ill] (Comcast responds to complaint alleging that it blocks plaintiff's e-mails to Comcast customers)
·  e360insight, LLC v. Comcast Corp. (Memorandum of Law in Support of Comcast's Motion for Judgment on the Pleadings), 2008 ILRWeb (P&F) 1404 [ND Ill] (ISP, sued by Internet marketer for blocking commercial e-mail messages, argues that plaintiff's claims are barred by federal law)
·  Lifestyle Lift Holding, Inc. v. RealSelf, Inc. (Complaint), 2008 ILRWeb (P&F) 1018 [ED Mich] (Holder of trademark in cosmetic surgery procedure files infringement and other claims against website that allegedly promotes surgeons in direct competition with plaintiff)
·  Lifestyle Lift Holding, Inc. v. RealSelf, Inc. (Defendant's Answer, Affirmative Defenses and Counterclaim), 2008 ILRWeb (P&F) 1406 [ED Mich] (Operator of site that invites consumers to post comments regarding cosmetic surgery experiences files counterclaims against licensor of one procedure for directing individuals to post favorable comments)
·  Major League Baseball Advanced Media v. C.B.C. Distribution and Marketing, Inc. (Petition for a Writ of Certiorari), 2008 ILRWeb (P&F) 1234 [US Sup Ct] (Professional baseball players petition high court to reverse ruling on right of publicity)
·  Police and Fire Retirement System of the City of Detroit v. Yahoo! Inc. (Verified Class Action Complaint), 2008 ILRWeb (P&F) 1230 [Del Ch Ct] (Two city retirement systems allege that officers and directors of Yahoo! breached fiduciary duties owed to shareholders by failing to consider and respond in good faith to acquisition offers by Microsoft)
 
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
Reserve your seat today at Washington's preeminent annual policy forum.  BPS IV will once again play host to the nation's top federal, state, and private sector players who will discuss and debate the critical issues facing the broadband industry, including the pending 700 MHz spectrum auction, wireless broadband, network management/net neutrality, broadband deployment and more.  Confirmed keynotes include FCC Commissioner Michael J. Copps,  FTC Commissioner J. Thomas Rosch and Ambassador David Gross.  Congressional and FCC keynotes to be announced.  View the Summit program and register by May 1st to secure early bird rates.  Group, academic and gov't rates available.  Interested in sponsoring?  Contact Todd Dale. 


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

Internet Law Attorney Directory

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