Latest News 
 
INTELLECTUAL PROPERTY
 
Username Squatting Poses Fraud Risk, but Less Commercial Hazard Than Cybersquatting

Last month, Twitter issued a new policy prohibiting username squatting and "user name for sale" accounts on the service.  Usernames on prominent social networking sites like Facebook or Twitter could acquire trademark significance under the Lanham Act, if they incorporate a mark in connection with goods or services in such a way that is likely to cause consumer confusion or dilution.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Senators, Representatives Reintroduce Legislation Creating Performance Right
·  CRS Report Frames Debate Surrounding Performance Rights Legislation
·  Attorneys' Fees Awarded to Prevailing DMCA Defendant on Reasonableness, Need
·  1918 'Hot News' Doctrine Can Be Used in Claim Against Internet News Redistribution
·  'Scorecard' on Peer Development Shows Potential Commercial Open Source Benefits
·  Court Allows Copyright Misuse Counterclaim Against Apple, Citing Patent Misuse Analogy
·  Court in Pirate Bay Case Weighs Whether Site Is Blameless Search Engine or Grokster
·  Net Neutrality, Legislation, Licensing Draw Debate at Future of Music Conference
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
ICANN Seeks Comments on Second gTLD Applicant Guide; Delays Projected Launch

The Internet Corporation for Assigned Names and Numbers Feb. 18 released a second iteration of its guidebook for prospective applicants of new top-level domains, but provisions relating to trademark protection and economic impact—which garnered much criticism after the first guidebook's release—remain largely unchanged from the first version.  ICANN also announced it will delay the projected launch of the first application round from September to December 2009, and it invited further public comments from trademark owners and others.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Proposal for Shorter .biz Names Open for Comment
·  FTC Obtains Preliminary Court Order Barring Deception by Internet Lenders
·  Google Sued for Search Ad Market Antitrust Offenses
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Ninth Circuit Invalidates California Violent Video Games Statute Under First Amendment

A California law prohibiting the sale of violent video games to minors does not survive strict scrutiny under the First Amendment, the U.S. Court of Appeals for the Ninth Circuit held Feb. 20.  Protecting minors' physical and psychological well-being is a compelling state interest, Judge Consuelo Maria Callahan said. But the state failed to present evidence establishing or suggesting a causal link between minors playing violent video games and actual psychological or neurological harm, the court found.  Video Software Dealers Association v. Schwarzenegger, 2009 ILRWeb (P&F) 1247.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Circuit Court Upholds FCC Rule to Restrict Sharing of Call Details

The District of Columbia Circuit Court has upheld a Federal Communications Commission rule requiring phone carriers to obtain prior "opt-in" consent from customers before disclosing their personal information to joint venture partners or independent contractors for marketing purposes.  The court rejected an argument by the National Cable & Telecommunications Association that the rule violates the First Amendment in a manner that is not "narrowly tailored" and does not "materially advance" a real governmental interest.  National Cable & Telecommunications Association v. Federal Communications Commission, 2009 ILRWeb (P&F) 1227.  Subscribers read more ...

Other Telecommunications news: 
 
·  Carriers Urge Fast Agency Nominations to Ensure Accountability with Funds
·  Omnibus Would Increase Budget of FCC, Fully Fund NTIA in FY 2009
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Moving Personal, Business Data to Cloud Raises Serious Privacy Issues, Report Warns

Personal and corporate sensitive information moved by businesses and government agencies from computers they control onto servers that are operated by cloud computing service providers may result in different levels of privacy protection and dissimilar data security requirements, a report issued Feb. 23 warned.  Businesses and agencies considering the use of cloud computing should be aware that such transferred data "may have fewer or weaker privacy" protections, the report by the World Privacy Forum emphasized.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Google Did Not Invade Homeowners' Privacy by Including Home on 'Street View' Program
·  Facebook Drops Controversial Policy Governing Use of Personal Information
·  Article 29 Group Urges Broad Breach Notice Obligations for Revised e-Privacy Directive
·  Napolitano Appoints Hogan & Hartson's Callahan to Be DHS Chief Privacy Officer
·  European Commission: Decision to Disband Expert Privacy Group Made in Early January
·  Banks File Class Claims Against Heartland for Card Replacement Costs After Breach
·  Data Breach Risk Is Real, Laws Are Proliferating, Attorneys Told
·  EC Threatens 'Formal Action' Against U.K. Over Online Advertising Efforts by Phorm
·  Spanish DPA, IT Institute Report Studies Privacy Risks of Online Social Networks
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Online Travel Firms Owe $21.3 Million in Back Hotel Taxes to Anaheim, California

A hearing officer Feb. 9 ordered online travel companies (OTCs) like Expedia, Inc., Travelocity.com LP, and Orbitz LLC to pay the city of Anaheim, Calif., home of Disneyland, $21.3 million in unpaid hotel occupancy taxes.  In addition to the tax assessment, the 55-page decision rejected many of the claims the OTCs have presented in more than 40 cases nationwide.  Subscribers read more ...

Other Taxation news: 
 
·  South Carolina ALJ Affirms $4.7 Million Sales Tax Assessment Against Expedia
·  Wisconsin Governor Signs Bill to Adopt Streamlined Sales and Use Tax Agreement
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
E-Mails Offering to Sell Infringing Domains Do Not Create Jurisdiction Where Received

Three e-mails offering to sell domain names did not create specific personal jurisdiction where they were received in a trademark lawsuit because they were not the impetus for the complaint, the U.S. District Court for the Southern District of Indiana held Feb. 5.  The websites hosted on those domain names, including a banner ad linking to the plaintiff's competitor, also did not create specific personal jurisdiction over the host because the plaintiff failed to show they targeted Indiana residents.  Family Watchdog, LLC v. Schweiss, 2009 ILRWeb (P&F) 1243.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Italian Case Against Google Remains Before Judge, Jurisdiction Issues Not Decided

A privacy and defamation trial against a number of high-ranking officials from Google, Inc. was not thrown out of court Feb. 18, after a Milan judge ruled that three secondary cases tacked onto the main case against the Internet giant could stay before the Milan tribunal.  Judge Oscar Magi had been scheduled to rule on whether Italy had jurisdiction in the case, and, if it did, whether the Milan Tribunal (Tribunale di Milano) had jurisdiction, but the court did not reach those issues.  Subscribers read more ...

Other Criminal Liability news: 
 
·  Two Indicted in Wide-Ranging Scheme to Sell Counterfeit Software on Internet
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Apple, Inc. v. Psystar Corp., 2009 ILRWeb (P&F) 1249 [ND Cal] (Court allows copyright misuse counterclaim against Apple, citing patent misuse analogy)
·  Arista Records LLC v. Does 1-16, 2009 ILRWeb (P&F) 1255 [ND NY] (College students' motion to quash subpoena served on university is denied, as their minimal First Amendment right to remain anonymous must yield to record companies' right to use discovery)
·  Associated Press v. All Headline News Corp., 2009 ILRWeb (P&F) 1235 [SD NY] (Distributor of breaking news on the Internet is subject to a "hot news misappropriation" claim under New York state law)
·  Boring v. Google, Inc., 2009 ILRWeb (P&F) 1231 [WD Pa] (Without a showing that Google's inclusion of a private residential drive on its interactive "street view" Internet map service was objectively offensive, that inclusion was not an actionable invasion of privacy)
·  Connection Distributing Co. v. Holder, 2009 ILRWeb (P&F) 1251 [6th Cir] (The record-keeping and labeling requirements of the Child Protection and Obscenity Enforcement Act, 18 USC §2257, are constitutional)
·  Dahn World Co. v. Chung, 2009 ILRWeb (P&F) 1241 [D Md] (Attorneys' fees awarded to prevailing DMCA defendant on reasonableness, need)
·  EU Opinion 1/2009 on the Proposals Amending e-Privacy Directive, 2009 ILRWeb (P&F) 1233 [EC Working Party] (Article 29 group urges broad breach notice obligations for revised e-privacy directive)
·  Family Watchdog, LLC v. Schweiss, 2009 ILRWeb (P&F) 1243 [SD Ind] (E-mails offering to sell infringing domains do not create jurisdiction where received)
·  Federal Trade Commission v. Cash Today, Ltd. (Preliminary Injunction and Order), 2009 ILRWeb (P&F) 1111 [D Nev] (FTC obtains preliminary court order barring deception by Internet lenders)
·  Galley, Inc. v. Pride Marketing & Procurement, 2009 ILRWeb (P&F) 1245 [WIPO] (Suspension of UDRP proceedings is not appropriate, notwithstanding a declaratory judgment action involving the same domain name currently pending in district court)
·  Jones Day v. Blockshopper LLC (Stipulation of Dismissal), 2009 ILRWeb (P&F) 1239 [ND Ill] (Parties stipulate to the dismissal of trademark suit involving a website that linked to a law firm's site)
·  National Cable & Telecommunications Association v. Federal Communications Commission, 2009 ILRWeb (P&F) 1227 [DC Cir] (Court upholds FCC rule requiring phone carriers to obtain prior "opt-in" consent from customers before disclosing their personal information)
·  Sony BMG Music Entertainment, In re (Stay Order), 2009 ILRWeb (P&F) 1237 [1st Cir] (District court's order permitting narrowcasting is stayed, and oral argument on the matter is scheduled for April 7)
·  Sony BMG Music Entertainment, In re (Order Allowing Further Briefing), 2009 ILRWeb (P&F) 1257 [1st Cir] (Parties disputing the webcast of a hearing in a P2P case are asked to address the legal effect of a 1996 Judicial Council Resolution that bars radio and television coverage of court proceedings)
·  Via Viente Taiwan, L.P. v. United Parcel Service, Inc., 2009 ILRWeb (P&F) 1253 [ED Tex] (Plaintiff bound by forum selection clause in click-through license agreement, even though defendant did the clicking)
·  Viacom International, Inc. v. Future Media Architects, Inc., 2009 ILRWeb (P&F) 1109 [WIPO] (Company that produces Jackass television series fails to show that registrant of "jackass.com" lacks rights or legitimate interests in the disputed domain name)
·  Video Software Dealers Association v. Schwarzenegger, 2009 ILRWeb (P&F) 1247 [9th Cir] (California law restricting sale of "violent video games" to minors violates First Amendment)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Harry and David v. Hickory Farms, Inc. (Complaint), 2009 ILRWeb (P&F) 1208 [D Ore] (Trademark infringement, dilution, and other causes of action based on competitor's alleged use of plaintiff's marks as search engine keywords)
·  Hells Angels Motorcycle Corp. v. Myers (First Amended Complaint), 2009 ILRWeb (P&F) 1210 [ED Cal] (Cyberpiracy and trademark infringement action against registrant of allegedly infringing domain names)
·  Hinton v. Heartland Payment Systems, Inc. (Complaint), 2009 ILRWeb (P&F) 1218 [D NJ] (Consumer complaint seeks damages for a hacking breach of company's computer system)
·  Kaissi v. Heartland Payment Systems, Inc. (Class Action Complaint), 2009 ILRWeb (P&F) 1216 [D NJ] (Consumer complaint seeks damages for a hacking breach of company's computer system)
·  Lone Summit Bank v. Heartland Payment Systems, Inc. (Class Action Complaint), 2009 ILRWeb (P&F) 1212 [D NJ] (Bank seeks to recoup cost of replacing credit and debit cards compromised by a hacking breach of company's computer system)
·  TradeComet.com LLC v. Google, Inc. (Complaint), 2009 ILRWeb (P&F) 1206 [SD NY] (Google sued for search ad market antitrust offenses)
·  TriCentury Bank v. Heartland Payment Systems, Inc. (Class Action Complaint), 2009 ILRWeb (P&F) 1214 [D NJ] (Bank seeks to recoup cost of replacing credit and debit cards compromised by a hacking breach of company's computer system)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

HDTV Service Comparison – New!
Over the past five years multichannel video providers have been increasingly competing on the breadth of their high-definition content, as more and more consumers buy HD-capable televisions. So far, DirecTV has held a distinct advantage over its rivals in terms of its number of HD channels, but that is quickly changing. Some providers have clearly assembled both the physical plant and the contracts with content owners to provide more HD content than their competitors. But in a new analysis, we find that the HD content and pricing varies significantly from provider to provider, and from region to region. In this report we analyze the HD packaging and pricing strategies in a representative sample of markets. Providers covered in this study include DirecTV, Verizon, Time Warner Cable, AT&T, Cox Communications and more. We include 20 charts and tables.  Learn More  Order Now

Preparing for Web 3.0: A Business Primer for The Next Generation Internet Environment – New!
The next generation of the World Wide Web will evolve rapidly and dynamically over the next few years as the Internet infrastructure develops and expands. New technologies and applications such as intelligent search, cloud computing and ubiquitous connectivity will dramatically impact the business practices of broadband service providers. The time for investigation into so-called "Web 3.0" applications is now. This report provides forward-looking insights and analysis of the next-generation Web to arm the reader with greater situational awareness. We also identify some of the companies and individuals who will be key players in the new Web environment, including Google, IBM, Microsoft, Apple and AT&T.  Learn More   Order Now

Events & Conferences 
 

Broadband Policy Summit V
Michael Copps to deliver opening keynote address 
Sheraton Crystal City, Arlington, VA, June 18-19, 2009
Michael Copps, the Acting Chair of the Federal Communications Commission, will give the opening keynote address at 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. The Acting Chairman is joined by speakers representing the industry's top companies, like Verizon, AT&T, Time Warner, Google, and Amazon; leading public policy advocates, including Public Knowledge, Consumers Union, the Leadership Conference on Civil Rights, and MAP; and renowned investment specialists, including Precursor, Regulatory Source Associates, and J.P Morgan.  Learn More  Register Now  Early Bird Discount Expires May 18, 2009


Taking Trademarks to the Top Domain: Opportunities and Risks in the New gTLD Space - Recordings Now Available!
This webinar, co-sponsored by Pike & Fischer and the ABA Section of Intellectual Property Law, addressed ICANN's forthcoming roll-out of new generic top-level domains (gTLDs). The speakers included 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. Hear their assessment of the opportunities and risks for trademark owners in these new namespaces.  Learn More  Order Now

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 $59.99 (or $79.99 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.