Legal Experts to Address Internet Marketing Practices Oct. 28

Pike & Fischer has gathered top legal experts from the government and the private sector to address the implications of the latest CAN-SPAM regulations and their effect on marketing agreements with business partners.  Join us October 28th for our exclusive webinar:  New Regs and Spam: Legal Nuances and Successful Litigation Tactics Under CAN-SPAM.   Panelists will provide the latest in litigation strategies for lawyers representing marketers and ISPs.  Learn what to include in affiliate marketing contracts, which elements are necessary to withstand a motion to dismiss, what laws apply to text messages and mobile devices, and much more! Invite your entire staff!  One registration permits an unlimited number of participants from each call-in location. Register Now!
 

Latest News 
 
INTELLECTUAL PROPERTY
 
Bush Signs Pro IP Act Despite Earlier Objection to IP Czar Provision 
 
President Bush on Oct. 13 signed into law the Prioritizing Resources and Organization for Intellectual Property Act of 2008, or Pro IP Act, aimed at bolstering anti-piracy enforcement tools at the executive-branch level.  Enactment of the legislation (S. 3325) came despite the administration's earlier objection to a provision in the bill establishing an IP enforcement coordinator who will report directly to the president.  Subscribers read more ...

Other Intellectual Property news:
 
·  'Googles' Trademark Plaintiff Must Depose Spokesperson Before Grilling Google Creators
·  EC Backs Amendments Blocking Internet Cutoff to Illegal Downloaders
·  Rep. Smith, Stakeholders Urge President Bush to Sign Pro-IP Act
·  In Rem ACPA Action Must Allege Domestic Use
·  Numerous Google Hits Does Not Mean Mark Is Weak
·  Injunction Denied in Dispute Where Marks Were Similar, but Irreparable Harm Unlikely
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Court Awards $236 Million in Damages for Violations of Iowa's Bulk E-Mail Law 
 
A small Internet service provider was awarded $236 million in statutory damages from a spammer found to have violated Iowa's ban on sending unsolicited bulk e-mail that does not accurately identify the sender or the message transmission path, under an order entered Oct. 1 by the U.S. District Court for the Southern District of Iowa.  Kramer v. Perez, 2008 ILRWeb (P&F) 2693.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Ohio Spam Law's Ban of Inaccurate Address Info Without Fraud Preempted by CAN-SPAM
·  U.S., Switzerland Issue Joint Declaration on Promoting Electronic Commerce Trade
·  Net Gambling Providers Appeal Dismissal of Web Payments Law Constitutional Challenge
·  Two Registrars Face Contractual Breach Action Over Whois Data
·  User Sued for Reverse-Engineering Barred by EULA
 
Subscribers may search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
President Signs Broadband Data Bill Requiring Annual Reports on Deployment 
 
President Bush Oct. 10 signed into law a bill (S. 1492) to improve broadband data collection in the United States and require annual reports identifying the geographic areas where broadband is not deployed.  The Senate late Sept. 30 unanimously approved some technical changes to the bill before sending it to the White House.  The compromise "Broadband Data Improvement Act" requires the Federal Communications Commission to submit annual reports on the availability of broadband in the United States and include geographic areas not served by a broadband provider.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  FCC Engineers Release Report Finding Little AWS-3 Interference
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Bush Signs Measure to Study, Promote Ways to Make Internet Safer for Minors 
 
President Bush Oct. 10 signed legislation promoting Internet safety for minors, as part of a bill dealing with broadband data improvement.  The measure (S. 1492) directs the Federal Trade Commission to carry out a nationwide public awareness program to, among other things, identify, promote, and encourage best practices for Internet safety.  In addition, the assistant secretary of commerce for communications and information is directed to establish an online safety and technology working group to review and evaluate industry efforts to promote online safety.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  Solutions to Cybersecurity Call for Efforts by Government, Industry, Users, Official Says
·  FTC to Hold Two-Day Forum to Examine Fraud Prevention
·  Data Theft for 17 Million T-Mobile Customers Sparks Interest in German Data Protection Rules
·  Australian Privacy Office Offers Breach, Spam Guides
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
IRS Must Address Computer Security Issues in Research, Analysis Office, TIGTA Says 
 
The Treasury Inspector General for Tax Administration Oct. 9 released a report detailing weaknesses in the management of access to the Internal Revenue Service's Office of Research, Analysis, and Statistics (RAS) computer systems that users query to obtain enormous amounts of taxpayer data.  The report, dated Sept. 17, was done as part of the TIGTA's statutory requirement to review annually the adequacy and security of IRS technology.  Subscribers read more ...

Other Taxation news: 
 
·  Missouri Says Downloading Photos Not Taxable
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
900 E-Mails Sent Into State Are Sufficient Contacts for Specific Personal Jurisdiction 
 
An online marketing company that sent over 900 unsolicited e-mails to an Ohio resident may be sued there in an action asserting it violated the state's consumer sales and anti-spam laws, the U.S. District Court for the Southern District of Ohio held Sept. 29.  Judge Edmund A. Sargus, Jr. held that, because the company sent more than 900 allegedly deceptive e-mail ads to the plaintiff in Ohio, through his Internet service provider in Ohio, it should have known they would reach him there.  Ferron v. e360Insight, LLC, 2008 ILRWeb (P&F) 2691.  Subscribers read more ...
 
Other Jurisdiction & Procedure news: 
 
·  Contracts with California-Based Google, eBay Do Not Provide Jurisdiction in Unrelated Case
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Bush Signs Bill Giving Websites Access to Sex Offender Registry 
 
President Bush Oct. 13 signed a bill that gives social networking websites access to a sex offender registry to assist them with protecting minors.  The legislation (S. 431), known as the "Keeping the Internet Devoid of Sexual-Predators Act" (KIDS Act), requires sex offenders to submit "Internet identifiers," such as e-mail addresses, to the Justice Department's National Sex Offender Registry.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  FTC Needs to Toughen Response to Cybercrime, Former Official Says
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Consumer and Governmental Affairs Bureau Modifies Cost Submission Timeframes Associated With Implementation of the Numbering System for Internet-Based Telecommunications Relay Services (TRS) (Final Rule), 2008 ILRWeb (P&F) 2807 [FCC] (FCC modifies the filing timeframes in which VRS and IP Relay providers requesting compensation from the Interstate TRS Fund must submit their initial filing for costs associated with implementation of the numbering system for Internet-based TRS)
·  Dudley v. HealthSource Chiropractic, Inc., 2008 ILRWeb (P&F) 2695 [WD NY] (Injunction denied in dispute where marks were similar, but irreparable harm unlikely)
·  Ferron v. Echostar Satellite, LLC, 2008 ILRWeb (P&F) 2689 [SD Ohio] (Ohio anti-spam claim preempted by CAN-SPAM)
·  Ferron v. e360Insight, LLC, 2008 ILRWeb (P&F) 2691 [SD Ohio] (Sending numerous e-mails to recipient in forum satisfies purposeful availment requirement)
·  1st Technology LLC v. Bodog Entertainment Group S.A., 2008 ILRWeb (P&F) 2687 [WD Wash] (Online entertainment provider preliminarily enjoined from transferring marks, domain names)
·  Kramer v. Perez, 2008 ILRWeb (P&F) 2693 [SD Iowa] (Spammers liable under Iowa anti-spam law for $236 million in damages)
·  Licciardello v. Lovelady, 2008 ILRWeb (P&F) 2809 [11th Cir] (Defendant's creation of a website containing an allegedly infringing and deceptive use of plaintiff's trademark subjects defendant to personal jurisdiction in Florida)
·  Missouri Department of Revenue Letter Ruling No. 5058 (Photographs Downloaded over the Internet), 2008 ILRWeb (P&F) 2511 [Mo Dep't Rev] (Web-based business that sells downloadable copyrighted photographs is not subject to sales or use tax because there is no transfer of tangible personal property)
·  O.Z. v. Board of Trustees of the Long Beach Unified School District, 2008 ILRWeb (P&F) 2701 [CD Cal] (Court denies middle schooler's request to enjoin her transfer to another school after she had created a YouTube slide show depicting murder of her teacher)
·  Salu, Inc. v. The Original Skin Store, 2008 ILRWeb (P&F) 2513 [ED Cal] (Contracts with California-based Google, eBay do not provide jurisdiction in unrelated case)
·  Spanierman v. Hughes, 2008 ILRWeb (P&F) 2703 [D Conn] (Termination of teacher based on MySpace communications did not violate teacher's rights under the First and Fourteenth Amendments)
·  Stelor Productions, Inc. v. Google, Inc., 2008 ILRWeb (P&F) 2685 [SD Fla] (Corporation asserting the Google search engine infringes on its "Googles" trademark must first depose a Google spokesperson about the company's origin rather than starting with Google's creators)
·  Tober v. Aprov.com, 2008 ILRWeb (P&F) 2697 [ED Va] (Trademark owner who filed an in rem action under ACPA must demonstrate the mark was used in the U.S. or in foreign trade with the U.S.)
·  U.S. Risk of Virginia, LLC v. Lighthouse Programs LLC, 2008 ILRWeb (P&F) 2699 [ND Tex] (When assessing likelihood of confusion, a vast number of Google hits for the word "lighthouse" does not necessarily mean that an insurance company's "lighthouse" trademark is weak)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Interactive Media Entertainment & Gaming Association, L.L.C. v. Keisler (Plaintiff's Principal Brief), 2008 ILRWeb (P&F) 2614 [3d Cir] (Net gambling providers appeal dismissal of UIGEA constitutional challenge)
·  Thomson Reuters (Scientific), Inc. v. Von Moll (Complaint), 2008 ILRWeb (P&F) 2622 [Va Cir Ct] (User sued for reverse-engineering barred by EULA)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Broadband-enabled Gaming Environments - New! 
The level of quality, realism and interactivity of online games has improved considerably in recent years, resulting in richly detailed worlds that feature virtual communities. We believe the evolution of online gaming presents an opportunity for some broadband service providers to tailor packages toward a growing customer base and thus benefit from service premiums and the resulting boost in ARPU. We forecast that the online gaming market will generate annual revenues nearing $2 billion by the end of the decade. In this report, we provide a detailed overview of the online gaming industry and project revenues and global market share out to 2013. We also provide a case study of a popular online game, and detail the opportunities and risks such games create for service providers.  Learn More  Order Now

Cable Advanced Advertising Market Outlook - New!  
The cable industry hopes to increase its advertising revenue to as much as $15 billion a year once it has effectively deployed standardized advanced advertising technology capable of supporting addressable, interactive advertising on a wide scale.  A number of the largest cable MSOs have invested in Canoe Ventures, a joint venture focused on the development of advanced advertising capabilities to enable marketers to reach very specific subsets of viewers with their messages. But the ultimate value of theinvestments in these advertising technologies will be significantly less than the industry is hoping. In this detailed analysis we examine cable's new advertising initiatives, and provide a forecast of advertising revenue growth over the next five years.  Learn More  Order Now

Events, Conferences, & Books 
 

The DMCA: Special 10th Anniversary Edition - Coming Soon!
October 28, 2008 marks the tenth anniversary of the Digital Millennium Copyright Act. In honor of this milestone, Pike & Fischer is pleased to announce a special 10th anniversary edition of its unique DMCA desk reference. The Digital Millennium Copyright Act: Special Tenth Anniversary Edition covers the whole of the DMCA—the full text of the statute, its legislative history, administrative reports and rulemakings, the latest court decisions, and more—to bring you up-to-date on the full impact of this landmark legislation. Learn More. Order Now.


Legal Risk Management Forum II - Audio CDs Now Available!
On September 16 - 17, Pike & Fischer once again played host to the nation's top federal, state and private sector players who debated the critical issues facing Web 2.0.  More than 30 speakers participated in debates covering content infringement, privacy, reputation preservation, and other critical issues facing Internet businesses.  Keynotes were delivered by Robert Kasunic, Principal Legal Advisor in the Office of the General Counsel, U.S. Copyright Office, Kevin Kuzas, V.P. and General Counsel of Comcast Interactive Media, and Doug Mandell, former General Counsel of LinkedIn.  Missed the Forum?  CDs of all Forum proceedings are now available.  Order a CD.

View all Events & Conferences

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