Trademarks as Top Level Domains — Webinar in Two Weeks

Taking Trademarks to the Top Domain: Opportunities and Risks in the New gTLD Space
February 5, 2009 | 2:00 – 3:30 p.m. EST
This webinar, co-sponsored by Pike & Fischer and the ABA Section of Intellectual Property Law, will address ICANN's forthcoming roll-out of new generic top-level domains (gTLDs). Join ABA Committee Chair Anthony Biller, along with Yahoo!'s J. Scott Evans, NeuStar's Jeff Neuman, Expedia's Tamara Reznik, and Covington & Burling's Kristina Rosette, as they assess the opportunities and risks for trademark owners in these new namespaces. Register your entire staff for one low price to secure actionable insight and take-away recommendations. Learn more. Reduced rates available for ILR subscribers.
 

Latest News 
 
INTELLECTUAL PROPERTY
 
Court Will Allow Live Internet Coverage of Hearing Against Alleged File-Sharer

The U.S. District Court for the District of Massachusetts on Jan. 14 agreed to permit streaming Internet coverage of an upcoming hearing in a record industry case against a university student alleged to have illegally shared copyrighted music files over the Web.  Granting the accused peer-to-peer file-sharer's motion, the court will allow the Courtroom View Network to "narrowcast" the proceedings to the Berkman Center for Internet and Society, which will make the recording publicly available on its website.  Capitol Records, Inc. v. Alaujan (a/k/a Sony BMG Music Entertainment v. Tenenbaum), 2009 ILRWeb (P&F) 1017.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Lanham Act Provides No Hijack Claim, Court Rules in Olympics Domain Name Case
·  RealNetworks Prevails Against Infringement Charge by On-Demand Digital Music Service
·  Summary Judgment Denied to ISP That Likely Knew of Infringing Sales on Its Sites
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Virginia Spam Bills Propose Commercial Limitation, New Circumvention Provisions

Other Internet Commerce news: 
 
·  Future of Internet Governance Said to Rely on Continued Participation, ICANN Stability
·  Sixth Circuit Invalidates Kentucky In-Person Wine Purchase Rule Under Commerce Clause
 
Subscribers may search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
Broadband Provisions of Stimulus Bill Receive Mixed Reaction from Panelists

A panel of public interest advocates and association officials Jan. 16 expressed mixed reactions to the broadband provisions of the recently unveiled House stimulus package, although all supported the concept of government subsidies.  The $825 billion stimulus package contains $6 billion in grants to build out broadband networks to unserved and underserved areas.  Subscribers read more ...

Other Telecommunications news: 
 
·  Broadband in Stimulus Package Just One Piece of Puzzle, Levin Says
·  Martin Reflects on Legacy Amid Offers of Advice for New Chairman
·  House Stimulus Package Contains DTV Funds, $6 Billion for Broadband
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Web Child Safety Group Says Technology, Standards, Collaboration Are Best Approach

Leading online social networks are making headway in developing technologies to protect minors using their services, but technology solutions comprise only one piece of the puzzle needed to protect children online, an Internet Safety Technical Task Force cautioned Jan. 14.  A combination of technologies, parental oversight, education, social services, law enforcement, and sound social network policies should help to address dangers minors face online—no single technology solution can accomplish Internet child safety alone, the group said.  Subscribers read more ...

Other Privacy & Security news: 
 
·  DHS Nominee Says Cybersecurity Would Be Among Her Top Priorities
·  Commerce to Continue Active Privacy Role Under Obama, Undersecretary O'Neill Says
·  N.Y. Bill Would Bar 'Harvesting' of E-Mail Addresses
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
New York Granted Summary Judgment in Amazon.com Challenge to Sales Tax

A New York trial court has granted summary judgment to the state Department of Taxation and Finance in Amazon.com LLC's challenge to New York's controversial new tax on certain Internet sales, finding the tax did not violate either the U.S. or state constitutions.  Amazon.com filed suit in the New York State Supreme Court in Manhattan, claiming the new law violated the Commerce Clause of the U.S. Constitution because it imposes tax collection obligations on out-of-state entities without a substantial in-state nexus.  Amazon.com LLC v. New York State Department of Taxation and Finance, 2009 ILRWeb (P&F) 1009.  Subscribers read more ...

Other Taxation news: 
 
·  New York's Win in Amazon Case Raising Fears of Impact on SSTP Project
·  SSUTA Panel Rejects Software Group's Interpretation for Taxing License Upgrades
·  ITAA, New Technology Coalition Praise R&D Stimulus Provisions, Outline Agenda
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Court Permits Access to Opposing Party's Servers to Recover Deleted E-Mails

The U.S. District Court for the Southern District of California Dec. 2 granted in part a motion to compel production, allowing a defendant direct access to a plaintiff's e-mail servers in an effort to recover deleted e-mails that should have been preserved in anticipation of litigation.  J&M Associates, Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA, 2008 ILRWeb (P&F) 3289.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Measure Reintroduced in House to Restrict Warrantless Border Inspection of Laptops

A bill reintroduced in the House Jan. 7 by Reps. Eliot Engel (D-N.Y.) and Ron Paul (R-Texas) would impose requirements on warrantless U.S. border searches of laptops and other digital electronic devices.  As it now stands under federal law, pursuant to the sovereign authority of the United States to protect its borders, customs agents do not need a warrant to conduct a "routine" search of a laptop or other electronic device when they cross the border.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Amazon.com LLC v. New York State Department of Taxation and Finance, 2009 ILRWeb (P&F) 1009 [NY Sup Ct] (Amazon's constitutional challenge to collection of New York sales taxes is dismissed)
·  BabyAge.com, Inc. v. Leachco, Inc., 2009 ILRWeb (P&F) 1019 [MD Pa] (Plaintiff fails to meet its burden of proving there is no dispute of material fact as to the likelihood of confusion arising from defendant's use of plaintiff's trademark on webpage that contains hyperlinks to competing products)
·  Capitol Records, Inc. v. Alaujan (a/k/a Sony BMG Music Entertainment v. Tenenbaum), 2009 ILRWeb (P&F) 1017 [D Mass] (Court permits webcast of motions hearing in P2P dispute)
·  Capitol Records, Inc. v. Alaujan (Order re: Motion to Stay), 2009 ILRWeb (P&F) 1033 [D Mass] (Court postpones date of hearing to allow First Circuit an opportunity to consider challenge to webcast ruling)
·  Cherry Hill Vineyards, LLC v. Lilly, 2008 ILRWeb (P&F) 3287 [6th Cir] (A Kentucky law prohibiting direct shipment of wine to residents unless they purchase it in-person violates the Commerce Clause)
·  Citizens for Responsibility and Ethics in Washington v. Executive Office of the President, 2009 ILRWeb (P&F) 1023 [D DC] (EOP must collect and preserve all e-mails sent or received between March 2003 and October 2005)
·  Citizens for Responsibility and Ethics in Washington v. Executive Office of the President, 2009 ILRWeb (P&F) 1025 [D DC] (Preservation and disclosure order encompasses e-mails subject to the Presidential Records Act)
·  CRTC Telecom Decision 2008-108 (Canadian Association of Internet Providers' Application Regarding Bell Canada's Traffic Shaping of Its Wholesale Gateway Access Service), 2008 ILRWeb (P&F) 3093 [CRTC] (CRTC denies Canadian ISPs' request to order Bell Canada to cease and desist from network management practices)
·  Directives [Redacted] Pursuant to Section 105B of the Foreign Intelligence Surveillance Act, In re, 2008 ILRWeb (P&F) 2519 [FIS Ct Rev] (Warrantless foreign intelligence surveillance, involving the assistance of communications service providers, is upheld)
·  Directives [Redacted] Pursuant to Section 105B of the Foreign Intelligence Surveillance Act, In re (Order of Publication), 2009 ILRWeb (P&F) 1021 [FIS Ct Rev] (Redacted opinion of the Foreign Intelligence Surveillance Court of Review shall be published)
·  Doe 1 v. AOL LLC, 2009 ILRWeb (P&F) 1031 [9th Cir] (AOL's forum selection clause, construed to mean only Virginia state courts, is unenforceable as to California residents bringing class action claims under California consumer law)
·  Frayne v. Chicago 2016, 2009 ILRWeb (P&F) 1013 [ND Ill] (In Olympics domain name case, there is no cause of action under the Lanham Act for attempted reverse domain name hijacking)
·  Friskit, Inc. v. RealNetworks, Inc., 2009 ILRWeb (P&F) 1011 [Fed Cir] (RealNetworks successfully defends a charge of infringement by a technology licensing company with patents on on-demand music playback services)
·  GW Equity LLC v. Xcentric Ventures LLC, 2009 ILRWeb (P&F) 1027 [ND Tex] (CDA immunizes operators of consumer gripe sites from liability for allegedly defamatory content posted by third parties)
·  J&M Associates, Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA, 2008 ILRWeb (P&F) 3289 [SD Cal] (Court grants in part a motion to compel production, allowing defendant direct access to plaintiff's e-mail servers in an effort to recover deleted e-mails that should have been preserved in anticipation of litigation)
·  Karsten Manufacturing Corp. v. Pingify Networks, Inc., 2009 ILRWeb (P&F) 1029 [NAF] (Respondent's preparations for use of domain name "ping.me" were bona fide, especially given respondent's filing of a patent application for a software product known by the acronym "PING")
·  Louis Vuitton Malletier, S.A. v. Akanoc Solutions, Inc., 2008 ILRWeb (P&F) 3279 (ND Cal) (Summary judgment denied to ISP that likely knew of infringing sales on its sites)
·  Pitt County v. Hotels.com, L.P., 2009 ILRWeb (P&F) 1015 [4th Cir] (Putative class action against online travel companies for failure to pay hotel occupancy tax is dismissed because such companies are not businesses similar to hotels)
·  United States v. Dove, 2008 ILRWeb (P&F) 3095 [WD Va] (In criminal copyright infringement case, restitution not ordered because government fails to prove the amount of actual loss sustained by RIAA)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Capitol Records, Inc. v. Alaujan (Notice of Appeal), 2009 ILRWeb (P&F) 1004 [D Mass] (RIAA appeals a district court order permitting the webcast of a hearing in a P2P file-sharing case)
·  Capitol Records, Inc. v. Alaujan (Plaintiffs' Motion to Stay the Court's Order Pending Resolution of Their Petition for a Writ of Mandamus), 2009 ILRWeb (P&F) 1006 [D Mass] (RIAA seeks stay of order permitting webcast of hearing in infringement case)
·  Complaint and Request for Inquiry and Injunctive Relief Concerning Unfair and Deceptive Mobile Marketing Practices (Amended Complaint), 2009 ILRWeb (P&F) 1000 [FTC] (CDT asks FTC to investigate mobile advertising practices)
·  Sony BMG Music Entertainment, In re (Petition for a Writ of Mandamus or Prohibition), 2009 ILRWeb (P&F) 1008 [1st Cir] (RIAA argues that webcast of P2P hearing violates local court rules and will prejudice RIAA's efforts to enforce its rights)
·  Virginia, Commonwealth of v. Jaynes (Amicus Brief of the American Center for Law and Justice in Support of Petitioner), 2009 ILRWeb (P&F) 1002 [US Sup Ct] (Amicus argues that the First Amendment does not confer a right to falsify bulk e-mail transmission information)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Broadband Competition Outlook 2009 – New!
The cable industry and telephone companies are facing some unsettling prospects in terms of customer growth and revenue increases – all the result of the economic downturn. Consumers are spending less as their job security becomes more tenuous and their discretionary income plummets. This stands to put a damper on spending for communications products and services in 2009. In this report, we offer more details on these trends and provide our forecasts on customer growth for new multichannel video services, high-speed Internet, IP telephony, and the features and applications that ride on those technologies. Among our projections is a forecast of 5.7 million new broadband households - down 12% from 2008 levels.  Learn More  Order Now

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

Events & Conferences 
 

Broadband Policy Summit V
Early Bird Discount—Save $100 -- Expires May 18, 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


Global IP Exchange 2009
On February 22, 2009, Chief Intellectual Property Counsel from across the country will be gathering in Austin, Texas at the Barton Creek Resort, to meet, share information and receive expert advice from the world's leading minds in Intellectual Property. The third annual Global IP Exchange will present three days of engaging peer-level executive discussions, unique case-studies from leading corporations, and personalized meetings with experts in the industry. The unique format of the Exchange allows you to customize your own itinerary, ensuring that every session, advisory meeting and roundtable you attend is tied to your specific responsibilities and objectives. With this year's outstanding speaking faculty that includes John Doll, the Commissioner of Patents, USPTO (key note address) along with other industry leaders from 3M, Goodrich, Nortel, IBM, Palm, P&G and Time Warner, you will certainly be in good company.

View all Events & Conferences

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