Latest News 
 
INTELLECTUAL PROPERTY
 
Trademarks Used in Metadata May Indicate Infringement, but Not Necessarily Injunction 
 
Using a competitor's trademarks in website metadata amounts to trademark infringement but may not, without more, justify an injunction, the U.S. Court of Appeals for the Eleventh Circuit held April 7.  The court said that a competitor's use of a rival's trademarks in metadata amounted to a "use in commerce," and created a likelihood of confusion between the brands.  Even though the competitor did not use the trademarks on its website, they appeared in the search results triggered by Google, which the court said was enough of a "use" to violate the Lanham Act.  North American Medical Corp. v. Axiom Worldwide, Inc., 2008 ILRWeb (P&F) 1607.  Subscribers read more ...

Other Intellectual Property news: 
 
·  In Perfect 10 Cases' Wake, Confusion Almost Certainly Awaits Copyright Litigants
·  More Harmony Needed Between Copyright Laws, Partially Infringing Uploaded Content
·  Virus Scanning Patent Covered Accused Scanners
·  New Zealand Overhauls Copyright Regime; Adds Technology-Neutral Updates, Exceptions
·  Internet Companies Seek Guidelines to Protect Rights of P2P File-Sharers
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Comments on FTC Behavioral Advertising Principles Urge Definition of Terms, Practices 
 
The Federal Trade Commission's proposed principles to regulate behavioral advertising need better definition, comments received through April 11 resoundingly said, but for differing ends: privacy advocates urged tighter parameters on required notice and consent provisions, while advertisers called for a narrower definition of impermissible advertising.  Advocates for children's rights, including Sen. Edward Markey (D-Mass.) and the Georgetown University Law Center's Institute for Public Representation, additionally encouraged the FTC to adopt specific restrictions against data collection from children and teens.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Internet Firms Call on States to Allow FTC to Handle Online Advertising Issues
·  Reps. Frank, Paul Introduce Measure that Would Prohibit UIGEA Implementation
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Website Is 'Publication' Exempt from State Real Estate Brokerage License Requirement 
 
A website offering housing advertisements and other information to potential home buyers falls within an exemption to a state real estate licensing requirement for "newspapers and other publications of general circulation," the U.S. District Court for the District of New Hampshire held March 31.  The plaintiff, a company operating a website featuring housing ads, claimed that the New Hampshire Real Estate Practices Act, N.H. Rev. Stat. Ann. 331-A, et seq., violated its First and Fourteenth Amendment rights by requiring it to obtain a real estate brokerage license.  Skynet Corp. v. Slattery, 2008 ILRWeb (P&F) 1505.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Education Key to Effective Standards for Employee Use of Web 2.0 Technologies
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Groups Push for FCC Regulation of Wireless Text Messaging Services 
 
A group of public interest organizations and consumer advocates April 14 outlined for reporters why it was important for the Federal Communications Commission to regulate wireless text messaging to prevent censorship of content.  But in reply comments to the commission, Verizon Wireless said the organizations' request for a ruling was "premised on multiple mistaken assumptions."  Subscribers read more ...
 
Other Telecommunications news: 
 
·  FCC Adopts New Standards for Wireless Emergency Alerts
·  Compulsory Internet TV Licenses on Horizon for Swedish Computer Owners
·  U.S. Electronics Wants Open Access as Condition of XM-Sirius Merger Approval
·  Reps. Markey, Stearns Offer Suggestions for Re-Auction of Public Safety Spectrum 
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
EU Official Favors Broader Class Action, Breach Notice Rights in e-Privacy Proposal 
 
Proposed revisions to the European Union's e-Privacy Directive should allow individuals to bring class action lawsuits in data protection cases, instead of limiting class claims to complaints by Internet service providers and consumer associations, European Data Protection Supervisor (EDPS) Peter Hustinx said in an April 10 opinion.  The 17-page opinion by Hustinx responded to a Nov. 13, 2007, European Commission proposal for amending the EU's Directive on Privacy and Electronic Communications (2002/58/EC)—the so-called e-Privacy directive—as part of a package of proposals to reform the European Union's five telecommunications directives.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  110th Congress Unlikely to Pass Cyber-Bills; Setting Stage for 111th is Key, Staffer Says
·  Businesses, Consumer Advocates Say Federal Data Breach Notification Law Is Unnecessary
·  Worker Emotional Harms After TSA Breach Held Actual Damages for Privacy Act Claim
·  Canadian Privacy Chief Considering Review of Alleged Internet Hacking by Government
·  U.K. Issues Child Social Network Guidance; Privacy Settings, User Authentication Urged
·  TJX, Hannaford Data Breach Cases Suggest Potential Conversion of Law, PCI Standards
·  Merchants Are Still Printing Credit Card Data, and Class Action Attorneys Are Taking Notice
·  Data Retention Debate Should Shift to Standards for Government Access
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
New York Legislature Approves Budget Bill with Provision for Taxing Internet Sales 
 
Both houses of the New York State Legislature approved a budget bill (A. 9807, S. 6807) April 9 that would raise taxes and fees by about $1.5 billion, including a new requirement that Internet retailers collect taxes on certain online sales.  The bill, which is expected to be signed shortly by Gov. David Paterson (D), is the final part of a $121.7 billion state budget for the state's 2008-09 fiscal year, which began April 1.  Internet retailers, under the bill, would be considered vendors for sales tax purposes if they enter into agreements with New York residents and the residents are compensated for referring customers to the retailers.  Subscribers read more ...

Other Taxation news: 
 
·  SSUTA Panel Finds Rules Make Moot Issue Raised on Exemption Certificates
·  Nebraska Legislature Passes Bill Clarifying Taxation of Digital Goods
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Jurisdiction Over Potentially Defamatory Blogger Requires More Than In-State Harm 
 
Allegedly defamatory comments directed at a Florida corporation do not, absent more, subject an out-of-state blogger to jurisdiction there, the U.S. District Court for the Middle District of Florida held April 8.  The court said that blog posts describing a Florida corporation were not themselves enough to satisfy jurisdictional due process requirements over the author.  The blog would have to be specifically targeted to a Florida audience, the court said; an injurious critique of a Florida company met the state's long-arm requirements, but did not satisfy due process.  Internet Solutions Corp. v. Marshall, 2008 ILRWeb (P&F) 1621.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Amended Complaint Established Jurisdiction in Social Networking Lawsuit
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Can Businesses Legally Take Offensive Measures to Stop Harmful Cyber-Attacks? 
 
Network security measures have traditionally focused on defensive measures to ward off potential attackers and recover from an online attack.  Recently, however, the specter of lost assets and productivity from security breaches, coupled with scarce law enforcement resources to address the problem, have led some businesses to consider taking offensive measures to protect themselves online.  Subscribers read more ...
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  American Federation of Government Employees v. Hawley, 2008 ILRWeb (P&F) 1503 [D DC] (Worker emotional harms after TSA breach held actual damages for privacy act claim)
·  ConnectU LLC v. Zuckerberg, 2008 ILRWeb (P&F) 1603 [1st Cir] (Amended complaint established jurisdiction in social networking lawsuit)
·  e360Insight, LLC v. Comcast Corp., 2008 ILRWeb (P&F) 1617 [ND Ill] (CDA immunizes ISP from claims arising from alleged unlawful blocking of commercial e-mail, notwithstanding marketer's compliance with CAN-SPAM)
·  GIFAM v. Google, Inc., 2008 ILRWeb (P&F) 1313 [Cour d'Appel de Paris (France)] (Google's AdWords program infringes trademarks)
·  Internet Solutions Corp. v. Marshall, 2008 ILRWeb (P&F) 1621 [MD Fla] (Jurisdiction over potentially defamatory blogger requires more than in-state harm)
·  Kooks Custom Headers, Inc. v. Global DNS, LLC, 2008 ILRWeb (P&F) 1613 [WIPO] (Notwithstanding conduct that could represent bad-faith use of domain name, UDRP panel is unable to infer bad-faith registration)
·  Mosley v. News Group Newspapers Ltd., 2008 ILRWeb (P&F) 1611 [High Ct Just, QB (UK)] (Given widespread availability of sex video elsewhere on the Internet, banning one news organization's publication of the video on its website would be futile)
·  North American Medical Corp. v. Axiom Worldwide, Inc., 2008 ILRWeb (P&F) 1607 [11th Cir] (Trademarks used in metadata may indicate infringement, but not necessarily injunction)
·  Silver Ring Splint Co. v. Digisplint, Inc., 2008 ILRWeb (P&F) 1619 [WD Va] (Website substantially similar to competitor's catalog, but genuine issue of material fact as to whether revised version of website was substantially similar)
·  Skynet Corp. v. Slattery, 2008 ILRWeb (P&F) 1505 [D NH] (Website is 'publication' exempt from state real estate brokerage license requirement)
·  Symantec Corp. v. Computer Associates International, Inc., 2008 ILRWeb (P&F) 1615 [Fed Cir] (Patent on a technology for scanning a data file for software viruses "as it is being transferred" applies to products whose scan occurs before the file is present on the object computer's storage medium)
·  Wendler & Ezra, P.C. v. American International Group, Inc., 2008 ILRWeb (P&F) 1609 [7th Cir] (Case arising from allegedly defamatory posting remanded to determine whether defendant must disclose information in its possession about the source of the posting)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Carrington v. Duke University (Reply Brief in Support of City Defendants' Joinder in Duke Defendants' Motion Regarding Attorney-Initiated and Attorney-Sanctioned Contact with the Media), 2008 ILRWeb (P&F) 1606 [MD NC] (Duke asks court to declare that litigation-related website violates Rule 3.6 of the Revised Rules of Professional Conduct)
·  Christian Institute v. Google Ireland Ltd. (Demand Letter), 2008 ILRWeb (P&F) 1604 [Aughton Ainsworth] (Charitable organization alleges that Google's refusal to post anti-abortion ad violates UK anti-discrimination law)
·  Ireland v. Council of the European Union (Submission), 2008 ILRWeb (P&F) 1608 [Ct Just Eur Comm] (Amici support annulment of EU Data Retention Directive on human rights grounds)
·  Zango, Inc. v. Kaspersky Lab, Inc. (Brief of Amicus Curiae National Business Coalition on E-Commerce and Privacy in Support of Appellant), 2008 ILRWeb (P&F) 1602 [9th Cir] (Amicus argues that software company does not enjoy CDA immunity)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Mobile Multimedia Service and Price Comparison - New!
In this report we closely examine the video/multimedia offerings and pricing schemes among the top wireless service providers, including AT&T, Verizon Wireless and Sprint Nextel. We rate each provider's offerings on ease of use, price, value and variety of content. AT&T and Verizon Wireless get the highest overall ratings.

HDTV Service: Market Forecast for Multichannel Video Providers 
Multichannel service providers are looking for various ways to monetize high-definition TV, including premium HD channels, on-demand HD movies, and HD DVR rentals. In this report, we examine how the advent of HD service has helped service providers with customer growth and retention, and how those providers plan to employ HD in their marketing strategies in 2008 and beyond. And we offer our forecast for the multichannel HDTV market. As part of our forecast, we conclude that annual revenues from HD services could top $2.6 billion by 2012.

Enterprise Mobility Market Forecast 
This report outlines our recently completed research examining the market for mobile device management among North American enterprises. More than 90% of enterprise mobile applications spending is now focused on mobile email and messaging, but the percentage of spending on mobilizing other critical enterprise applications -- many of them broadband-optimized -- will increase rapidly over the next five years, according to our forecast. By 2012, we predict the total spending on core mobility services in the enterprise market will approach $1.4 billion

View all Market Research Reports & Briefs

Events & Conferences 
 
Broadband Policy Summit IV - Navigating the Digital Revolution
Rep. Cliff Stearns (R-FL) Keynote Added
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 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, Ambassador David Gross and Rep. Cliff Stearns (R-FL).  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. 


Digital Risk Management Forum: Overcoming Legal Hurdles in the Web 2.0 World
September 16 - 17, 2008 - AED Conference Center - Washington, D.C.
Join us for our second annual legal forum on existing and potential liabilities facing Web 2.0 businesses.  We've expanded our program to include a half-day workshop on Web 2.0 essentials, and we've included panels addressing best practices for monetizing applications tied to personal information, legal remedies for victims of online gossip and rumor, proactive steps for avoiding Attorney General subpoenas, plus a whole lot more!  View the entire program.  Interested in participating in or sponsoring this legal symposium?  Contact Meg Hargreaves at 301-562-1530 x 229.

View all Events & Conferences

Internet Law Attorney Directory

Find a lawyer ... Add a listing
Many of your colleagues have already added their names to Pike & Fischer's Internet Law Attorney Directory!  Isn't it time to add yours?  ILR subscribers are entitled to one complimentary premium listing per account. Additional listings and listings by non-subscribers can be purchased for $49.99 (or $69.99 for a premium boldfaced listing).  Use this form to submit your complimentary or paid listing today!

Subscription Information

In order to receive your own copy of Internet Law & Regulation's Weekly Alert, please fill out the Weekly Alert sign-up form. Also, invite colleagues to request a trial to ILR. For additional information, contact customercare@pf.com. 

To unsubscribe, do not reply to this message. Instead, please use the unsubscribe feature at the bottom of this email.