Latest Cases 
 
·  Biosafe-One, Inc. v. Hawks, 2009 ILRWeb (P&F) 2257 [SD NY] (Single e-mail from customer inquiring whether plaintiff's and defendant's websites were related is not enough to find actual confusion)
·  Blackboard, Inc. v. Desire2Learn, Inc., 2009 ILRWeb (P&F) 2279 [Fed Cir] (Federal Circuit rules all claims not valid in patent for online learning system)
·  Capitol Records, Inc. v. Alaujan (Electronic Order Granting Motion for Partial Summary Judgment on Defendant's Fair Use Defense), 2009 ILRWeb (P&F) 2277 [D Mass] (P2P user fails to meet burden of showing that his file-sharing was a fair use)
·  Cash America Net of Nevada, LLC v. Commonwealth of Pennsylvania, 2009 ILRWeb (P&F) 2247 [Pa Cmwlth Ct] (Pennsylvania's secretary of banking acted within the scope of his authority when he issued a notice that the state's payday lending law applies to out-of-state Internet lenders)
·  CE Resource, Inc. v. Magellan Group, LLC, 2009 ILRWeb (P&F) 2267 [ED Cal] (Maryland-based operator of interactive website subject to personal jurisdiction in California)
·  Family Watchdog, LLC v. Schweiss, 2009 ILRWeb (P&F) 2253 [MD Fla] (Placing a banner ad for a Florida corporation on an Indiana-based website is not itself a contact with Florida strong enough to support jurisdiction there)
·  Foley v. Yacht Management Group, Inc., 2009 ILRWeb (P&F) 2265 [ND Ill] (Seller of an item on eBay is not subject to specific personal jurisdiction in the state in which the eventual buyer resides without further ties to that jurisdiction)
·  Hotels.com, L.P., In re, 2009 ILRWeb (P&F) 2251 [Fed Cir] (Court affirms TTAB ruling that the term "hotels.com" is generic with respect to providing online information and reservation services)
·  Infopaq International A/S v. Danske Dagblades Forening, 2009 ILRWeb (P&F) 2275 [ECJ] (Reproduction of an 11-word extract from newspaper articles can infringe publishers' copyright)
·  Quinn v. Darr, 2009 ILRWeb (P&F) 2249 [NAF] (Since respondent's registration of "bradyquinn.com" predates complainant's common law rights, there is no possibility that respondent could have registered the domain name in bad faith)
·  Securities and Exchange Commission v. Dorozhko, 2009 ILRWeb (P&F) 2259 [2d Cir] (Computer hacking can constitute "deceptive" conduct under Section 10(b) of the Securities Exchange Act, even though the hacker did not breach a fiduciary duty in fraudulently obtaining material)
·  Sedgwick Claims Management Services, Inc. v. Delsman, 2009 ILRWeb (P&F) 2273 [ND Cal] (Blogger's use of photos for "wanted" poster was protected by fair use)
·  Southern Grouts & Mortars, Inc. v. 3M Co., 2009 ILRWeb (P&F) 2255 [11th Cir] (Failure to establish bad faith intent to profit dooms ACPA claim)
·  Thule Towing Systems, LLC v. McNallie, 2009 ILRWeb (P&F) 2245 [ED Mich] (Allegations that a former employee used a company-owned laptop to access inappropriate websites and misappropriate trade secrets did not support a claim under the SCA)
·  Too Much Media, LLC v. Hale, 27 ILR (P&F) 492 [NJ Super Ct] (Blogger who posted comments about a data breach allegedly caused by a company's software is not entitled to protection under New Jersey's media shield law)
·  United States v. Nestor, 2009 ILRWeb (P&F) 2271 [3d Cir] (A defendant who uses an adult intermediary, rather than direct contact with a child, to attempt to lure a child to engage in sexual activity can be held to violate 18 USC §2422(b))
·  United States v. Weaver, 2009 ILRWeb (P&F) 2269 [CD Ill] (A court can compel an ISP to comply with a trial subpoena and produce the contents of a subscriber's opened e-mails less than 181 days old; a warrant is not required)
·  Utah, State of v. Gallegos, 2009 ILRWeb (P&F) 2263 [Utah] (Utah's Internet Enticement Statute is not unconstitutionally vague)
·  Zaldivar v. T-Mobile USA, Inc., 2009 ILRWeb (P&F) 2261 [WD Wash] (Court lacks sufficient information to approve preliminary settlement of class action over text-messaging fees)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  craigslist, Inc. v. McMaster (Defendants' Motion to Dismiss), 2009 ILRWeb (P&F) 2214 [D SC] (S.C. Attorney General argues that the CDA does not grant craigslist immunity from prosecution for aiding and abetting prostitution)
·  Estavillo v. Sony Computer Entertainment America (Complaint), 2009 ILRWeb (P&F) 2212 [ND Cal] (Plaintiff claims Sony violated his First Amendment rights by banning him from the PlayStation 3 Network)
·  Mary Kay, Inc. v. Yahoo! Inc. (Complaint), 2009 ILRWeb (P&F) 2210 [ND Tex] (Mary Kay alleges that Yahoo's new e-mail advertising system confusingly links e-mail text to advertisements in violation of the Lanham Act)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Cable Commercial Services Strategies: Analysis and Revenue Forecast, 2nd Edition – New!
Commercial services, especially those delivered to small- and medium-sized enterprises, are an increasingly critical imperative for U.S. cable operators. The revenue and margins delivered by these services will be the main growth engine for the industry over the next few years. In this report, we update our forecast of cable commercial services revenues. We also provide an overview of the commercial services strategies of the leading operators, and analyze their existing and emerging capabilities. Finally, we detail the critical success factors for the cable industry in targeting the SMB opportunity.  Learn More  Order Now

CenturyLink in the Broadband Big Leagues: Analysis and Forecast – New!
IPTV as a broad consumer solution is at a very early and arguably primitive stage in its development. Standards need to be developed, interoperability addressed and capital costs investigated. Dense urban areas or regions with an established fiber footprint will experience an earlier deployment--perhaps in the three-to-five-year range. In the meantime, a number of over-the-top video providers will latch onto available broadband networks with proprietary solutions that will promise to be "disruptive" to both legacy and IPTV offerings. However, P&F contends that proprietary solutions risk eventual obsolescence or buyout as fiber network and IPTV deployments manifest on a widespread scale. This report provides an outlook on the network buildouts, customer demand and opportunities in the IPTV-enabled world.  Learn More  Order Now

Events & Conferences 
 

Here Be Dragons: Bringing Broadband to the Unserved – P&F Broadband Policy Summit Webinar Series
Wednesday, August 19, 2009 | 2:00 – 3:30 p.m. EDT
When navigators of the Age of Exploration mapped unexplored and unknown lands, they signified the limits of their reach with the notation, "Here Be Dragons." Today's broadband maps share this "end of the world" feeling; despite virtually universal acceptance of the concept that broadband connectivity is essential to full participation and success in the modern world, broadband service remains a phantom for tribal lands, rural communities, and inner-city neighborhoods. Join experts from the tribal, rural, and inner-city sectors to explore the potential benefits--for citizens, the telecommunications industry, and the nation--of full inclusion through broadband deployment to unserved areas, and the likely consequences of further inaction.  Learn More  Register Now


Trademark-Based Keyword Advertising: Potential Liability and Avenues for Relief – Order a Recording
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. Order a recording of our interactive Webinar featuring legal experts from Google, Santa Clara Law School, Marriott International, and Wilson Sonsini Goodrich & Rosati.  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