Trademark-Based Keyword Advertising – July 22 Webinar

Wednesday, July 22, 2009 | 2:00 – 3:30 p.m. EDT
The debate over the use of others' trademarks to trigger online advertisements is heating up. A recent ruling held that such use constitutes an actionable "use in commerce"; other cases are pending, including claims against advertisers and search engines, and even class action lawsuits. At the same time, Google is liberalizing its policy to permit use of third-party trademarks in some text ads. Join Pike & Fischer for an interactive Webinar featuring legal experts from Google, Santa Clara Law School, Marriott International, and Wilson Sonsini Goodrich & Rosati as they clarify common misconceptions about keyword advertising, examine the implications of third-party trademark use, and offer guidance for brand owners, marketers, resellers, and website operators.  Learn More  Register Now

Latest News 
 
INTELLECTUAL PROPERTY
 
DOJ Opens Antitrust Investigation into Google Book Settlement Deal

The U.S. District Court for the Southern District of New York in a July 2 order attached a letter that it received that day from the U.S. Department of Justice informing the court that it has opened an antitrust investigation into a proposed agreement between Google, Inc. and representatives of publishers and authors that is awaiting the court's approval.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Substantial Similarity Held to Require More Than Resemblances in Web Ad Layout
·  Wireless Services Sued for 'Gone Mobile' Downloads
·  Pirate Bay File-Sharing Operation's Sale to Computer Games Company Upsets Users
·  Swedish ISP Must Hand Over Data on Suspected File-Sharer
·  President Signs Bill Granting Extension of Period for Webcast Royalty Negotiation
·  Stay of Injunction Against Dish Network Extended in TiVo DVR Infringement Case
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Online Ad Firms Would Be Monitored Under Industry Self-Regulatory Proposal

A broad range of online advertising companies could be reported to the government for failing to adhere to privacy principles under a self-regulatory framework developed by leading marketing industry associations.  In a new white paper, the groups outline a set of principles to beef up industry regulation of behavioral advertising, which involves tracking consumers' online activities for advertising purposes.  Subscribers read more ...

Other Internet Commerce news: 
 
·  iTunes Users Allege Apple Breached Gift Card Terms
·  Spammers Must Hand Over $3.7 Million in FTC's First Case Using US SAFE WEB Act
·  Spanish DPA, E-Commerce Group Expand No-Mail Registry List to Calls, Texts, E-Mail
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Information Broker Acting as Provider of Content Cannot Claim CDA Immunity

An information brokerage firm that advertised and sold confidential consumer telephone records to third parties in violation of the Telecommunications Act could not convince the U.S. Court of Appeals for the Tenth Circuit that its conduct is immunized by the Communications Decency Act, as the court found June 29 that the information brokerage acted as an "information content provider" and thus was entitled to no immunity.  Federal Trade Commission v. Accusearch, Inc., 2009 ILRWeb (P&F) 2095.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Advocates Raise Concerns About Broadband Mapping Grants

Public interest advocates July 7 reiterated their concern that conflicts of interest could arise while mapping broadband availability across the United States, particularly if grant funds go to one organization backed by the nation's largest broadband providers.  Subscribers read more ...

Other Telecommunications news: 
 
·  NTIA, RUS Release Joint Rules Guiding Broadband Grant Programs
·  FCC Hears Process, Timetable for Developing Broadband Plan
·  Kohl Urges Antitrust, FCC Review of Competition in Wireless Markets
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Firm Had No Right to Access Private E-Mails Former Exec Had Exchanged with Lawyers

A home health care agency that was sued by a former employee alleging sexual harassment and constructive discharge was not entitled to read and copy e-mails the employee exchanged with her attorneys while using a company computer, the New Jersey Superior Court, Appellate Division, held June 26.  Stengart v. Loving Care Agency, Inc., 2009 ILRWeb (P&F) 2097.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Groups Respond to Draft Definition of 'Meaningful Use' of E-Records
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
California, Hawaii Governors Veto Affiliate Online Sales Tax Measures

Overstock.com reinstated its affiliate advertisers in California July 1 and in Hawaii July 2 after governors in both states vetoed bills that would have required the online retailer to collect tax on sales in those states.  The company reinstated the affiliates in those two states within a day of notifying them that they would be dropped because lawmakers were poised to enact laws imposing a sales tax nexus on Overstock.com based on its affiliate relationships.  Subscribers read more ...

Other Taxation news: 
 
·  Priceline.com Pays Back Hotel Taxes, but Disputes Assessment
·  SSUTA Panel Agrees to Consider Interpretation Request on Sales Price
·  Missouri Says Leasing Broadband Exempt from Tax
 
Subscribers may search ILR's Taxation database 

CRIMINAL LIABILITY 
 
Goldman Employee Stole Trading Software, Sent to Server in Germany, USAO Charges

Sergey Aleynikov, a Goldman Sachs computer programmer from May 2007 until shortly before he was arrested July 3, was charged in the U.S. District Court for the Southern District of New York with stealing a proprietary computer code that allowed his firm to engage in "sophisticated, high-speed, and high-volume" financial transactions and uploading the information to a computer server in Germany.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Arista Records LLC v. Usenet.com, Inc., 2009 ILRWeb (P&F) 2115 [SD NY] (Online newsgroup service liable for copyright infringement)
·  Arnold's Wines, Inc. v. Boyle, 2009 ILRWeb (P&F) 2205 [2d Cir] (Certain sections of New York's Alcoholic Beverage Control Law do not discriminate against out-of-state producers in violation of the Commerce Clause, and are thus permissible under the Twenty-first Amendment)
·  Authors Guild v. Google, Inc. (Order re DOJ Investigation), 2009 ILRWeb (P&F) 2211 [SD NY] (DOJ opens antitrust investigation into Google book settlement deal)
·  Complaint of Judicial Misconduct, In re, 2009 ILRWeb (P&F) 2209 [3d Cir] (Federal judge admonished for maintaining a publicly accessible website featuring sexually explicit photos and videos)
·  Cordance Corp. v. Amazon.com, Inc., 2009 ILRWeb (P&F) 2117 [D Del] (Motion for partial summary judgment granted in part with regard to certain defenses raised by Amazon, including prosecution laches and patent misuse)
·  Doe II v. MySpace, Inc., 2009 ILRWeb (P&F) 2113 [Cal Ct App] (CDA immunizes MySpace from liability over sexual assault of minors)
·  Federal Trade Commission v. Accusearch, Inc., 2009 ILRWeb (P&F) 2095 [10th Cir] (Website that sells confidential consumer phone records not eligible for CDA immunity)
·  Federal Trade Commission v. Pricewert LLC (Preliminary Injunction), 2009 ILRWeb (P&F) 2119 [ND Cal] (FTC secures preliminary injunction shutting down an Internet service provider for hosting malware and other illegal content)
·  Green Bullion Financial Services, LLC v. Money4Gold Holdings, Inc., 2009 ILRWeb (P&F) 2099 [SD Fla] (Pilfered words and mimicked styles of web-based advertisements may result in ads that are similar, but these similarities alone will not support a finding of substantial similarity, as required to prove copyright infringement)
·  Implementation of the Net 911 Improvement Act of 2008 (Final Rule), 2009 ILRWeb (P&F) 2203 [FCC] (FCC adopts rules implementing certain key provisions of the New and Emerging Technologies 911 Improvement Act of 2008 (NET 911 Act))
·  Jallali v. National Board of Osteopathic Medical Examiners, Inc., 2009 ILRWeb (P&F) 2107 [Ind Ct App] (Although forum selection clause in clickwrap agreement is enforceable, no evidence that it applied retroactively)
·  Kaufman v. Islamic Society of Arlington, Texas, 2009 ILRWeb (P&F) 2109 [Tex Ct App] (Author of an article published on the Internet qualifies as a member of the electronic media)
·  La Russa v. Twitter, Inc. (Notice of Dismissal of Complaint with Prejudice), 2009 ILRWeb (P&F) 2125 [ND Cal] (Tony La Russa dismisses with prejudice all claims in his action against Twitter)
·  Local Number Portability Porting Interval and Validation Requirements; Telephone Number Portability (Final Rule), 2009 ILRWeb (P&F) 2201 [FCC] (Commission requires all entities subject to its local number portability rules, including interconnected VoIP providers and their numbering partners, to complete port requests for simple wireline-to-wireline and simple intermodal ports within one business day)
·  Stengart v. Loving Care Agency, Inc., 2009 ILRWeb (P&F) 2097 [NJ App Div] (E-mails sent to attorney through employee's personal, password-protected, web-based e-mail account—but via her employer's computer—are protected by the attorney-client privilege)
·  Teknowledge Corp. v. Cellco Partnership, 2009 ILRWeb (P&F) 1911 [ND Cal] (Claims relating to technology for automatically providing notification of updates or modifications to webpages or other web content are invalid based on anticipation and obviousness)
·  TiVo, Inc. v. EchoStar Corp., 2009 ILRWeb (P&F) 2207 [Fed Cir] (Court extends stay of permanent injunction for patent infringement, allowing Dish Network's subscribers to continue using EchoStar's digital video recorders)
·  Too Much Media, LLC v. Hale, 2009 ILRWeb (P&F) 2123 [NJ Super Ct] (Blogger posting info about corporation's alleged criminal conduct may not refuse to divulge the sources of her info under New Jersey's shield law)
·  Trump Plaza of the Palm Beaches Condominium Association, Inc. v. Rosenthal, 2009 ILRWeb (P&F) 2111 [SD Fla] (Condominium association lacks standing to bring cybersquatting and trademark dilution claims against real estate broker)
·  United States v. Fumo, 2009 ILRWeb (P&F) 2101 [ED Pa] (Facebook postings and Twitter comment by juror were nothing more than harmless ramblings having no prejudicial effect)
·  United States v. Heckel, 2009 ILRWeb (P&F) 2105 [7th Cir] (Application of mass-marketing enhancement was appropriate because defendant used Internet to conduct large-scale advertising to attract bidders to his fraudulent online auctions)
·  United States v. Ralsky (Rule 11 Plea Agreement), 2009 ILRWeb (P&F) 2103 [ED Mich] (So-called "spam king" pleads guilty to federal charges)
·  United States v. Szymuszkiewicz, 2009 ILRWeb (P&F) 2121 [ED Wis] (Auto-forwarding e-mails constituted interception of an electronic communication, contrary to 18 USC §2511(1)(a))
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Ascentive, LLC v. Google, Inc. (Complaint), 2009 ILRWeb (P&F) 2014 [ED Pa] (Suit alleges Google's unauthorized use of plaintiff's trademarks in AdWords advertising program)
·  Jurin v. Google, Inc. (Complaint), 2009 ILRWeb (P&F) 2016 [CD Cal] (Plaintiff alleges that Google has infringed and diluted its trademark by selling it to plaintiff's competitors as an advertising keyword)
·  Kleffman v. Vonage Holdings Corp. (Brief of Amici Curiae Email Sender and Provider Coalition and ValueClick, Inc. in Support of Defendants/Appellants), 2009 ILRWeb (P&F) 2200 [Cal Sup Ct] (Amici argue that sending unsolicited commercial e-mail advertisements from multiple domain names for the purpose of bypassing spam filters does not violate California's anti-spam law)
·  Mantra Films, Inc. v. Oasys Mobile, Inc. (Complaint), 2009 ILRWeb (P&F) 2010 [CD Cal] (Holder of mark "girls gone wild" alleges that use of the phrase "girls gone mobile" in connection with adult-themed wireless applications is likely to confuse consumers)
·  Owens v. Apple, Inc. (Class Action Complaint), 2009 ILRWeb (P&F) 2012 [SD Ill] (iTunes users allege Apple breached gift card terms by failing to honor representations that song downloads would cost $0.99 after it increased prices)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Communications Industry Report 2009: Views on the U.S. Economic & Regulatory Climate – New!
This is our second annual survey of communications industry executives, engineers and consultants, along with government officials, journalists, and academicians who focus on the communications industry. This year's survey centers on the impact that the recession is having on the communications industry, and on sentiments about the way the Obama administration and Congress are working to expand broadband availability across the country. More than half of respondents say they expect, with the federal government now providing grants to fuel broadband deployment, that the nation will achieve universal broadband availability within the next five to 10 years. But one-fourth of participants believe it will take more than a decade to reach that benchmark. And WiMAX is by far considered the emerging technology that will generate the biggest change in communications market dynamics over the course of the year. Details on these and other results are illustrated in more than 20 charts and graphs.  Learn More  Order Now

VoIP in the Business World: Market Forecast and Analysis, 2nd Edition – New!
This report compares the business-class VoIP offers from six carriers, detailing both the services for large enterprises and SMBs. We then project the market opportunity out to 2013, forecasting both numbers of business-class VoIP lines and resulting revenues. We predict that AT&T, Verizon and Qwest will capture the biggest share of large enterprises as VoIP customers, but will face competition in the SMB space from a variety of new entrants. Fourteen tables and charts are included.  Learn More  Order Now

Events & Conferences


Pinning Down Cloud Computing: Legal Risk Management and Best Practices for Business – Webinar Recordings Available!
There's been a lot of buzz about cloud computing.  Much of it touts cloud computing as a way for companies to save money in lean times.  But what are the risks associated with its adoption?  What's the best way to vet cloud providers?  How do you train employees to use cloud services wisely?  Is the current state of the law as unclear as many commentators contend?  Order a recording of our May 6 webinar featuring legal experts from Sun Microsystems, Salesforce.com, GE Capital, and Wilson Sonsini Goodrich & Rosati, who examined the benefits and risks of cloud computing from both the legal and practical perspectives.  Learn More  Order Now

Join the Broadband Policy Summit on LinkedIn
Participate in Summit conversations all year long and stay tuned about BPS VI by joining our new Group on LinkedIn.  Join now.

View all Events & Conferences