Trademark-Based Keyword Advertising – Today!

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
 
ACTA's Internet Ramifications Questioned as Fifth-Round Negotiations Draw to Close

Negotiations on the Anti-Counterfeiting Trade Agreement, a controversial initiative spearheaded by the United States Trade Representative, July 17 concluded their fifth round against a backdrop of continued cries for more transparency and a letter from public interest representatives urging deletion of Internet-related provisions.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Language-Education Service Complains Google Ad Service Infringes Trademarks
·  Trademark Attorneys Testing Application of Trade Dress Theory to Webpage Imitations
·  Court Upholds Satellite Radio Royalties, but Remands Ephemeral Copies Question
·  RIM Agrees to Pay Another $267.5 Million to Settle Visto Corp. Infringement Suit
·  Copyright Royalty Board's Webcasting Rate Structure Largely Affirmed by Circuit Court
·  Copyright Office Publishes SoundExchange and Webcasters Royalty Agreements
·  'Hamburg Declaration' Seeks More Copyright Protection for Internet News Publishing
·  AdWords Lawsuit Raises Contract, Trademark Claims
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Businesses Expected to Face Tougher Enforcement Under New FTC Leadership

Under the leadership of its new chairman, the Federal Trade Commission is on track to become a more aggressive consumer protection agency, including in the area of online privacy, observers said.  These observers in recent interviews pointed to a number of indications that FTC Chairman Jon Leibowitz would like to foster a tougher commission, including his decision to give David Vladeck, a former litigator and consumer advocate, a top post at the agency.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Lobbyists Urge Congress to Consider Online Gambling Regulations to Protect Consumers
·  Cloud Computing Organizations Form Working Group to Improve Standardization
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Wisconsin Identity Theft Statute Survives First Amendment As-Applied Challenge

Wisconsin's identity theft law, which criminalizes the unauthorized use of another's personal identifying information with the intent of harming that person's reputation, did not violate the First Amendment rights of a public employee who used his supervisor's e-mail account to spread harmful information about his supervisor, the Wisconsin Supreme Court affirmed June 23.  State of Wisconsin v. Baron, 2009 ILRWeb (P&F) 2133.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Genachowski Calls FCC Reform Urgent, Appoints Special Counsel

Julius Genachowski, the new chairman of the Federal Communications Commission, July 21 called reform of the agency "a matter of great urgency" and said he had appointed a special counsel for FCC reform.  "One of my first acts as chairman was to announce the appointment of Mary Beth Richards as Special Counsel for FCC Reform, to ensure high-level attention to this vitally important issue," Genachowski wrote.  Subscribers read more ...

Other Telecommunications news: 
 
·  Senate Committee Approves Nominations of Clyburn, Baker as FCC Commissioners
·  FCC Taps Harvard University to Review Broadband Studies
·  Special Access Debate Intensifies as Dingell, Boucher Weigh in at FCC
·  Appropriators Chide FCC for Burdensome USF Audits
·  Appeals Court Backs Commission in Deregulating Special Access Pricing
·  NCSL Panel Adopts Model for Collection of E-911 Fees, Urges States' Enactment
·  Verizon Limits Handset Exclusivity, but Consumer Groups Unimpressed
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Canadian Privacy Agency's Report Cites Ongoing Facebook Problems

Internet-based social networking site Facebook must take additional steps to ensure that its privacy policies meet the requirements of Canada's Personal Information Protection and Electronic Documents Act, Privacy Commissioner Jennifer Stoddart said July 16.  Canadian Internet Policy and Public Interest Clinic v. Facebook Inc. (Report of Findings), 2009 ILRWeb (P&F) 2239.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Ireland Data Retention Bill Would Cut Time Telephone, Web User ID Data Is Kept
·  Children's Needs Should Be Considered in Developing E-Records Policy, Group Says
·  Canadian Internet Authority Seeks Public Comment on Whois Privacy Policy Changes
·  PCI DSS Wireless Transmission Guidance Issued by PCI Security Standards Council
·  New Wal-Mart Privacy Policy Contains Some Opt-Ins, Customer Preference Center
·  Yahoo! Updates Privacy Policy to Allow Behavioral Tracking Opt-Out from Phones
·  Councilwoman May Proceed on SCA Claim of Unauthorized E-Mail Access by Mayor
·  Swedish ISP to Appeal Order to Reveal Customer ID
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Ninth Circuit Affirms, Reverses in Part Lower Court's Dismissal of OTC Lawsuit

The U.S. Court of Appeals for the Ninth Circuit July 16 affirmed in part and reversed in part a district court's dismissal of a suit by the city of Oakland, Calif., which claimed that 10 Internet travel companies failed to calculate and remit occupancy taxes in violation of the Transient Occupancy Tax Ordinance.  City of Oakland v. Hotels.com LP, 2009 ILRWeb (P&F) 2233.  Subscribers read more ...

Other Taxation news: 
 
·  Business Seeks Standards of Review for Streamlined Sales Tax Compliance
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Forum Selection Clause in Domain Contract Governed All Disputes, Even with Non-Parties

A forum selection clause contained in a domain name registration agreement with GoDaddy.com governed all disputes arising from the registrant's use of the domain name, including disputes involving third parties, the U.S. District Court for the District of Arizona held June 18.  Productive People, LLC v. Ives Design, 2009 ILRWeb (P&F) 2135.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  E-Mails Linked to Cross-Country Adultery Created Jurisdiction Under Long-Arm Statute
·  Specific Jurisdiction Proper Over Party That Sent E-Mail Advertisements to State Resident
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Rockefeller Opens Cybersecurity Inquiry Following Attack on Government Websites

Sen. John D. Rockefeller (D-W.Va.) has asked several federal agencies to provide details on steps they have taken to prepare for cyberattacks, including through contractor agreements.  Rockefeller, who chairs the Senate Commerce, Science, and Transportation Committee, raised the issue July 14 in letters to about a dozen agencies, including the Federal Trade Commission, Federal Communications Commission, Department of Homeland Security, Department of Commerce, and Department of Transportation.  Subscribers read more ...

Other Criminal Liability news: 
 
·  Digital Literacy Called Key to Child Safety Online
 
Subscribers may search ILR's Criminal Liability database 

Latest Cases 
 
·  Ad Hoc Telecommunications Users Committee v. Federal Communications Commission, 2009 ILRWeb (P&F) 2241 [DC Cir] (Court upholds FCC decisions that partially deregulated special access pricing for AT&T and two other carriers)
·  Brown v. Ellis, 2009 ILRWeb (P&F) 2137 [NC] (California resident's frequent e-mails to an individual in North Carolina were sufficient to satisfy N.C.'s long-arm requirements for jurisdiction in a civil adultery lawsuit)
·  Canadian Internet Policy and Public Interest Clinic v. Facebook, Inc. (Report of Findings), 2009 ILRWeb (P&F) 2239 [Can Priv Comm'r] (Canadian privacy agency says Facebook must take additional steps to ensure that its privacy policies meet the requirements of Canada's privacy law)
·  Doe v. Department of Public Safety and Correctional Services, 2009 ILRWeb (P&F) 1915 [Md Ct Spec App] (Maryland's sex offender registry does not violate appellant's constitutional right to privacy, nor does the sex offender registration statute violate his procedural due process or equal protection rights)
·  Ferron v. 411 Web Directory, 2009 ILRWeb (P&F) 2235 [SD Ohio] (Marketing company located outside Ohio purposefully availed itself of Ohio jurisdiction by sending 168 allegedly deceptive e-mail advertisements to a state resident)
·  Intercollegiate Broadcast System, Inc. v. Copyright Royalty Board, 2009 ILRWeb (P&F) 2229 [DC Cir] (A final determination of the Copyright Royalty Judges, setting rates and terms relating to webcasting, is affirmed, save for the $500 minimum fee charged to all webcasters)
·  Metropolitan International Schools Ltd. v. Designtechnica Corp., 2009 ILRWeb (P&F) 2237 [UK High Ct Just, QB] (Google not liable as a "publisher" of allegedly defamatory "snippets" contained in its search engine results)
·  Morgan v. Goldman Sachs & Co. (Stipulation and Voluntary Dismissal), 2009 ILRWeb (P&F) 2139 [SD Fla] (Blogger agrees to display a disclaimer on gripe site)
·  Oakland, City of v. Hotels.com LP, 2009 ILRWeb (P&F) 2233 [9th Cir] (Court affirms in part and reverses in part a district court's dismissal of a suit by Oakland which claimed that 10 Internet travel companies failed to calculate and remit occupancy taxes in violation of the Transient Occupancy Tax Ordinance)
·  Productive People, LLC v. Ives Design, 2009 ILRWeb (P&F) 2135 [D Ariz] (Forum-selection clause contained in a domain name registration agreement with GoDaddy.com governed all disputes arising from the registrant's use of the domain name, including disputes involving third parties)
·  SoundExchange, Inc. v. Librarian of Congress, 2009 ILRWeb (P&F) 2219 [DC Cir] (Court affirms CRJ determination with respect to the royalty rate for the use of sound recordings, but reverses with respect to the CRJ's failure to set a royalty rate for "ephemeral copies" of sound recordings)
·  Steinbach v. Village of Forest Park, 2009 ILRWeb (P&F) 2243 [ND Ill] (Councilwoman may proceed with her claim that mayor violated the SCA when he allegedly accessed her stored workplace e-mails without her authorization)
·  Wisconsin, State of v. Baron, 2009 ILRWeb (P&F) 2133 [Wis] (Wisconsin's identity theft law did not violate the First Amendment rights of a public employee who used his supervisor's e-mail account to spread harmful information about his supervisor)
 
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)
·  Facebook, Inc. v. StudiVZ Ltd. (First Amended and Supplemental Complaint), 2009 ILRWeb (P&F) 1458 [ND Cal] (Facebook alleges that a German company created a social network that imitates the structure and features of Facebook's design and merely changed the background color)
·  LegalJiffy.com, Inc. v. LegalCPU.com, Inc. (Complaint), 2009 ILRWeb (P&F) 1460 [CD Cal] (Company that sells self-help legal documents online alleges that a competitor's website looks remarkably similar to its own, and that consumers are likely to be confused)
·  Rosetta Stone Ltd. v. Google, Inc. (Complaint), 2009 ILRWeb (P&F) 2202 [ED Va] (Language-education service complains Google ad service infringes trademarks)
 
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