Publication Schedule

The ILR Weekly Alert will not publish on Christmas Eve or New Year's Eve. The next issue will be dated Wednesday, January 7, 2009. The ILR staff wishes its readers a very Merry Christmas and a Happy New Year!

In the meantime, don't forget to register for our newly announced webinar, scheduled for Feb. 5:  Taking Trademarks to the Top Domain: Opportunities and Risks in the New gTLD Space.  Reduced rates are available for ILR subscribers. 
 

Latest News 
 
INTELLECTUAL PROPERTY
 
Placing Trademark in Sponsored Ad Links, Metatags Is Lanham Act 'Use in Commerce' 
 
A company that placed a competitor's trademarks in its website metatags and purchased it as a trigger for sponsored links used the mark "in commerce," the U.S. District Court for the Middle District of North Carolina held Nov. 21.  Magistrate Judge Russell A. Eliason noted the Fourth Circuit has yet to rule on whether the Lanham Act covers metatags and keyword ads, but concluded that it qualified as a "use in commerce."  Market America v. Optihealth Products, Inc., 2008 ILRWeb (P&F) 3079.  Subscribers read more ...

Other Intellectual Property news: 
 
·  PayPal Internet Billing Does Not Infringe Patent on Same Function, Different Provider
·  French Court Orders YouTube to Pay Comedian and Producers in Uploading Case
·  High Court Declines to Review Ruling That CD-ROM of Magazine Is Privileged Revision
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Phishing Increasing in TLDs; Registry, Registrar Counter-Efforts Helping Stem Tide 
 
Registries and registrars have long been encouraged to implement anti-phishing measures, but they may find new motivation in statistics: the Anti-Phishing Working Group reported Nov. 24 that phishing attacks on top-level domains increased in the first half of 2008.  The APWG, a Lexington, Mass.-based association of brand owners, Internet participants, and law enforcement personnel, studied all reported phishing attacks from Jan. 1 to June 30, 2008, and found that phishing in top-level domains far outpaced phishing in IP addresses.  Subscribers read more ...
 
Other Internet Commerce news: 
 
·  Online Lending Company Settles Charges It Actually Was Selling Securities
·  Virginia AG Seeks High Court Review of State Anti-Spam Law's Constitutionality
·  Craigslist Online Classifieds Service Sues Advertisement Auto-Posting Software Vendors
·  Hunting for Metadata in Received Document Is Deceitful, Prejudicial to System of Justice
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
CDA §230 Shields Search Engines from Liability for Sponsored Illegal Gambling Ads 
 
Internet search engines including Google and Yahoo! could not be held liable for advertisements purchased by illegal gambling web services, because third parties provided the advertising content, the Superior Court of California, County of San Francisco, held Nov. 7.  Judge Richard A. Kramer rejected arguments that the search engines fell outside CDA §230 immunity because they provided purchasers of sponsored ads with editorial guidelines, finding that did not transform the search services into content providers.  Cisneros v. Yahoo! Inc., 2008 ILRWeb (P&F) 3089.  Subscribers read more ...
 
Other Freedom of Speech news: 
 
·  Net-Based Libel Cases in 2008 Define Boundaries of CDA Immunity
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Cancels Dec. 18 Meeting, Votes on Agenda Items Possible 
 
The office of Federal Communications Commission Chairman Kevin Martin late Dec. 12 announced that the commission's next open meeting that had been scheduled for Dec. 18 had been canceled.  Items that had been scheduled for a vote included rules governing the auction of advanced wireless services spectrum, which would have required a free, nationwide, wireless broadband service.  Subscribers read more ...
 
Other Telecommunications news: 
 
·  TIA Backs, Adds to CWA Proposal for Broadband in Stimulus Package
·  Waxman, Rockefeller Warn FCC to Avoid Any Controversial Votes
·  CWA Proposes Direct Subsidies, Tax Incentives to Stimulate Broadband
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Online Ad Firms Revise Policies Governing Behavioral Marketing 
 
An industry organization that regulates top online advertising companies Dec. 16 unveiled updated privacy principles, including restrictions on tracking what children do online and collecting certain kinds of sensitive data.  The principles, released by the Network Advertising Initiative, address privacy concerns surrounding "behavioral advertising," which involves tracking consumers' online activities in order to present them with ads that are tailored to their interests.  Subscribers read more ...
 
Other Privacy & Security news: 
 
·  EU Agency Urges New Privacy Requirements for Mobile Technologies
·  FTC Settles Case Against Sony Music Alleging Violations of Online Privacy Law
·  ENISA Urges Better Security Policies to Protect Privacy in Web 2.0 World
·  China May Delay Data Security Products Certification Rule, Regulatory Official Says
·  U.K. Debt Collection Agency in Potential Data Breach After Releasing E-Mail Addresses
·  Required Breach Notice to State AG Included in Reintroduced California Bill
·  TIGTA Says Control Weaknesses at IRS Internet Connections Pose Security Risks
·  U.S. Corporate Boards Not Sufficiently Involved in Managing Cyber Risk, Study Finds
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Washington State Lawmakers to Consider Taxation of Electronically Delivered Goods 
 
"The big piece of work to do" involving tax policy changes for the 2009 Legislature will be enactment of a bill on digital goods taxation to ensure that the state conforms with the Streamlined Sales and Use Tax Agreement, according to Rep. Ross Hunter (D), chair of the House Finance Committee and chair of the Legislature's joint task force on taxation of electronically delivered products.  "Everyone agrees that we have to do something," Hunter said Dec. 12.  Subscribers read more ...

Other Taxation news: 
 
·  Streamlined Sales Tax Board Receives Report on Small Sellers, Compensation for Vendors
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
CAFC Narrowly Defines Scope of Its Appellate Jurisdiction Under Rule 54(b) 
 
The fact that a district court's order states that an "action" is dismissed with prejudice and that there is "no just cause for delay" does not mean that the judgment is final and that all of the issues in the case are immediately appealable under Fed. R. Civ. P. 54(b), the U.S. Court of Appeals for the Federal Circuit ruled Dec. 11 in a case of first impression.  Affirming the denial of a preliminary injunction, the court agreed that the patentee was not likely to succeed on the claim that its hyperlink patent was infringed by Google, Inc.  However, the appellate court found "neither a final judgment nor an appealable judgment" as to Google's counterclaims under Rule 54(b).  iLOR, LLC v. Google, Inc., 2008 ILRWeb (P&F) 3209.  Subscribers read more ...
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Florida Bill Would Criminalize Spyware 
 
A bill pre-filed Dec. 3 for Florida's 2009 legislative session by Sen. Jeremy Ring (D) would amend the state's computer crimes law to establish criminal penalties for the transmission of spyware.  S.B. 164 would authorize the state's Department of Legal Affairs or any state attorney to bring a civil action for injunctive relief against any party that, without authorization, introduces any spyware or other computer contaminant.  Subscribers read more ...
 
Other Criminal Liability news: 
 
·  Founder of Internet Gambling Firm Agrees to Forfeit $300 Million in Plea
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Arista Records LLC v. Does 1-4, 2008 ILRWeb (P&F) 3213 [D Conn] (Record companies granted leave to serve discovery requests on two universities for the purpose of identifying students alleged to have infringed copyrights via P2P services)
·  Cisneros v. Yahoo! Inc., 2008 ILRWeb (P&F) 3089 [Cal Super Ct] (CDA §230 shields search engines from liability for sponsored illegal gambling ads)
·  iLOR, LLC v. Google, Inc., 2008 ILRWeb (P&F) 3209 [Fed Cir] (In patent case, court narrowly defines scope of its appellate jurisdiction under Rule 54(b))
·  Jeske v. Fenmore, 2008 ILRWeb (P&F) 3207 [CD Cal] (Operation of website that solicits residents from California, among other states, to participate in beauty pageants that use the allegedly infringing marks provides a sufficient basis for jurisdiction)
·  John Doe, Inc. v. Mukasey, 2008 ILRWeb (P&F) 3217 [2d Cir] (Statutes governing the issuance and judicial review of National Security Letters, which request records from providers of wire or electronic communication services, are unconstitutional in part)
·  Lafesse v. YouTube, 2008 ILRWeb (P&F) 3087 [TGI Paris (France)] (French court orders YouTube to pay comedian and producers in uploading case)
·  Maine Board of Overseers of the Bar Ethics Opinion #196, 2008 ILRWeb (P&F) 2901 [Maine Bar Ethics Comm'n] (Maine lawyers may not look for metadata embedded in an electronic document received from counsel for another party)
·  Market America v. Optihealth Products, Inc., 2008 ILRWeb (P&F) 3079 [MD NC] (Company that placed a competitor's trademarks in its website metatags and purchased it as a trigger for sponsored links used the mark "in commerce")
·  Netcraft Corp. v. eBay, Inc., 2008 ILRWeb (P&F) 3203 [Fed Cir] (PayPal Internet billing does not infringe patent on same function, different provider)
·  Quik Payday, Inc. v. Stork, 2008 ILRWeb (P&F) 3215 [10th Cir] (Kansas's consumer-lending statute, as applied to company that uses the Internet in making short-term loans, does not violate the dormant Commerce Clause)
·  United States v. Sony BMG Music Entertainment (Consent Decree), 2008 ILRWeb (P&F) 3211 [SD NY] (FTC settles case against Sony Music alleging violations of online privacy law)
·  Whitman v. Domains For Sale, 2008 ILRWeb (P&F) 3205 [WIPO] (Former eBay exec unsuccessful in UDRP dispute; lacks trademark rights in personal name)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  craigslist, Inc. v. Adamczyk (Complaint), 2008 ILRWeb (P&F) 3046 [ND Cal] (Craigslist online classifieds service sues advertisement auto-posting software vendor)
·  craigslist, Inc. v. Autoposterpro, Inc. (Complaint), 2008 ILRWeb (P&F) 3032 [ND Cal] (Craigslist online classifieds service sues advertisement auto-posting software vendor)
·  craigslist, Inc. v. Berz (Complaint), 2008 ILRWeb (P&F) 3034 [ND Cal] (Craigslist online classifieds service sues advertisement auto-posting software vendor)
·  craigslist, Inc. v. Doe d/b/a Adsoncraigs.com (Complaint), 2008 ILRWeb (P&F) 3042 [ND Cal] (Craigslist online classifieds service sues advertisement auto-posting software vendor)
·  craigslist, Inc. v. Doe d/b/a Craygo.com (Complaint), 2008 ILRWeb (P&F) 3036 [ND Cal] (Craigslist online classifieds service sues advertisement auto-posting software vendor)
·  craigslist, Inc. v. Doe d/b/a 24hrposting.com (Complaint), 2008 ILRWeb (P&F) 3024 [ND Cal] (Craigslist online classifieds service sues advertisement auto-posting software vendor)
·  craigslist, Inc. v. Johnson (Complaint), 2008 ILRWeb (P&F) 3026 [ND Cal] (Craigslist online classifieds service sues advertisement auto-posting software vendor)
·  craigslist, Inc. v. Living Easy Software LLC (Complaint), 2008 ILRWeb (P&F) 3040 [ND Cal] (Craigslist online classifieds service sues advertisement auto-posting software vendor)
·  craigslist, Inc. v. Mesiab (Complaint), 2008 ILRWeb (P&F) 3030 [ND Cal] (Craigslist online classifieds service sues advertisement auto-posting software vendor)
·  craigslist, Inc. v. Peng (Complaint), 2008 ILRWeb (P&F) 3044 [ND Cal] (Craigslist online classifieds service sues advertisement auto-posting software vendor)
·  craigslist, Inc. v. Realworks Group LLC (Complaint), 2008 ILRWeb (P&F) 3038 [ND Cal] (Craigslist online classifieds service sues advertisement auto-posting software vendor)
·  craigslist, Inc. v. Szczodroski (Complaint), 2008 ILRWeb (P&F) 3028 [ND Cal] (Craigslist online classifieds service sues advertisement auto-posting software vendor)
·  Evans v. Bayer (Complaint), 2008 ILRWeb (P&F) 3202 [SD Fla] (High school student claims that suspension based on Facebook postings violates her rights under the First and Fourteenth Amendments)
·  Free Software Foundation, Inc. v. Cisco Systems, Inc. (Complaint), 2008 ILRWeb (P&F) 3206 [SD NY] (Free Software Foundation files copyright infringement suit against Cisco for GPL violations)
·  Virginia, Commonwealth of v. Jaynes (Petition for Writ of Certiorari), 2008 ILRWeb (P&F) 3204 [US Sup Ct] (Virginia AG seeks High Court review of state anti-spam law's constitutionality)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

High-speed Internet Packaging and Pricing Strategies: 5th Edition - New!
Cable operators have continued keeping broadband prices relatively stable while steadily increasing data rates, and are using short-term discounting and entry-level tiers to attract price-sensitive customers and compete with generally lower DSL prices. But Verizon's FiOS service, which operates over a fiber-to-the-home network, is delivering the most speed for the dollar on both the downstream and upstream, according to our annual analysis of high-speed Internet pricing and promotions. This report includes in-depth examinations of the broadband pricing, bundling and marketing strategies of the top service providers, including Comcast, Time Warner Cable, Cox, Cablevision, Charter, Bright House, Qwest, AT&T and Verizon. The report ranks each provider by maximum speeds provided and by price points, and includes 20 tables and charts of data and analysis.  Learn More  Order Now

Residential VoIP Market Outlook
Residential subscriptions to VoIP service have been growing dramatically in the past few quarters, even as growth of other advanced home communications services slows down. We are forecasting that VoIP-connected households should exceed 25 million by the end of the decade, and will grow at about 14% annually over the next few years. In this report, we offer more detailed forecasts plus an analysis of the various residential VoIP services on the market.  Learn More  Order Now

Events & Conferences 
 

Broadband Policy Summit V
Advance Early Bird Discount—Save $200 -- Expires January 1, 2009
Sheraton Crystal City, Arlington, VA, June 18-19, 2009
As the Obama administration prepares to take the reins in Washington, a new age in telecommunications law and policy begins. Broadband Policy Summit V, Washington's preeminent broadband communications policy forum, promises more than ever to be the place to learn how to position your company and clients to thrive in this new broadband environment.  Learn More  Register Now


Taking Trademarks to the Top Domain: Opportunities and Risks in the New gTLD Space - New!
February 5, 2009, 2:00 PM - 3:30 PM EST
ICANN's forthcoming roll-out of new generic top-level domains (gTLDs) generates both excitement and fear in the trademark community.  Mark owners are enthusiastic about the seemingly limitless opportunities for brand recognition and online security in a domain of their own, but that enthusiasm is tempered by fears that current practices for trademark enforcement will be inadequate to cover these new namespaces.  Pike & Fischer has assembled top legal experts to help trademark owners weigh these opportunities and risks in advance of the new gTLD expansion.  Learn More  Register Now
Reduced rates available for ILR subscribers.

View all Events & Conferences

Internet Law Attorney Directory

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