Latest News 
 
INTELLECTUAL PROPERTY
 
Google, Inc. Sues Texas AdWords Trademark Infringement Plaintiff for Breach of Contract

Google is not directly, contributorily, or vicariously liable for its AdWords customers' alleged trademark infringement, the company asserted in a complaint and request for declaratory judgment filed in the U.S. District Court for the Northern District of California July 27.  Google, Inc. v. John Beck Amazing Profits, LLC (Complaint),  2009 ILRWeb (P&F) 2226.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Consumer Benefits of Google Book Deal Touted; Orphan Works Impact Still in Doubt
·  Court Finds Bilski Extends to Device Claim; Image Transformed Is a 'Particular Article'
·  ABA Delegates to Weigh in on Bilski Case, Support Fixing Inequitable Conduct Defense
·  Amazon's Deletion of Kindle Orwell Novels Draws Class Lawsuit, Sparks DRM Criticism
·  Satellite Television Service Could Not Obtain TRO Prohibiting Sale of All Signal Receivers
·  Plaintiff Alleging False Online Endorsement Did Not Have to Prove 'Celebrity' to Proceed
·  Single E-Mail Inquiry Not Evidence of Confusion
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
'Professional' CAN-SPAM Plaintiff Lacked Standing to Pursue Claims, Ninth Circuit Says

An individual who created e-mail addresses for the purpose of attracting messages from spammers lacked standing to pursue claims under the federal CAN-SPAM Act, the U.S. Court of Appeals for the Ninth Circuit held Aug. 6.  Judge Richard C. Tallman, writing for the court, said that this case was the first in which the Ninth Circuit has comprehensively examined the CAN-SPAM Act's standing requirement.  Gordon v. Virtumundo, Inc., 2009 ILRWeb (P&F) 2407.  Subscribers read more ...

Other Internet Commerce news: 
 
·  ICANN-Commissioned Report Finds No Evidence of Domain Front Running
·  Rep. Boucher, Nine Others Urge Commerce to Permanently Memorialize ICANN Oversight
·  Antitrust Enforcement May Stifle Innovation in Internet Market, High Tech, Lofgren Says
·  Sen. Menendez Introduces Bill to Tax, License, Regulate Games of Skill Online
·  FTC Heralds Another 'First' in Case of U.S. Web Marketer Posing as UK Site
·  ICANN Proposes Two Bylaw Revisions to Broaden, Expand Board Accountability
·  DOJ, States Report Continued Progress of Microsoft's Compliance with Decrees
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Google Keyword Tool Did Not Transform Company Into CDA 'Content Provider'

Even if Google, Inc. were aware of fraud in the mobile subscription service industry, its suggestion of "free ringtone" advertising keywords for mobile service companies did not "materially contribute" to illegal advertising, the U.S. District Court for the Northern District of California held July 30.  Goddard v. Google, Inc., 2009 ILRWeb (P&F) 2321.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  Landlord Sues Tenant for Mold-Related 'Tweet'
·  Blogs Proving Useful for Promotion, but FTC Endorsement Guides May Stem Effectiveness
·  Nursing School Confidentiality Policy Did Not Prohibit Blog About, but Not Naming, Patient
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Public Advocates Urge Genachowski to Improve Broadband Data Collection

For months, Federal Communications Commission Chairman Julius Genachowski has called for fact-based and "data-driven" decisions at the agency, leading a group of consumer advocates to call him at his word.  In an Aug. 11 letter to Genachowski, a group of six leading consumer and public interest advocates made three recommendations that they said would improve the commission's broadband data collection efforts.  Subscribers read more ...

Other Telecommunications news: 
 
·  Genachowski Calls All-Hands Meeting to Support Broadband Plan Development
·  EU Claims Mantle as World Leader in Broadband Internet Use, Study Finds
·  McDowell Waiting for Facts in Apple, Google, AT&T Inquiry
·  NTIA Clarifies New Rules Governing Broadband Mapping
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
OMB's Proposed Changes to Federal Website Persistent Cookie Policy Yield Mixed Reviews

The Office of Management and Budget should develop a tracking technology policy for federal websites that is technology-neutral, so that it will have continued applicability as new tools emerge, many commentators told OMB in recommendations submitted between July 27 and Aug. 10.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Blogs, Social Networks Can Be Ad Boon, but Firms Must Know Privacy, Other Risks
·  FTC Grants Third Red Flags Rule Delay Amid House Appropriations, Lobbyist Pressure
·  Using FTC Help, Canadian Privacy Office Finds Background Search Firm Breached PIPEDA
·  Groups Fighting FTC Creditor Red Flags Rule Unlikely to Sway Congress by Effective Date
·  E-Health Incentives Include Stricter Rules on Privacy, Security of EHRs, Attorney Says
·  Michigan Bill Would Grant Breach Liability Immunity to Firms with Specified Safeguards
·  Napolitano Outlines DHS Role in Cybersecurity Efforts
·  CNIL Fines Advertising Prospecting Site 40,000 Euros for 'Unfair Practices'
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Second Circuit Remands Nassau County Case Against Online Travel Firms Over Hotel Taxes

A federal appellate court Aug. 11 vacated a 2007 U.S. District Court decision [2007 ILRWeb (P&F) 2431] to dismiss a proposed class action brought by New York's Nassau County against online travel companies (OTCs) for their alleged failure to fully pay hotel taxes, and remanded the case to determine if class certification is appropriate.  County of Nassau, N.Y. v. Hotels.com, LP, 2009 ILRWeb (P&F) 2419.  Subscribers read more ...

Other Taxation news: 
 
·  North Carolina Passes Budget Bill with 'Amazon,' Other Tax Provisions
·  SST Governing Board's Draft Rule on Direct Mail Sourcing Ready for Public Comment
 
Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Infringement Against Party Located in Forum Enough to Establish Act Was Expressly Aimed

A law firm's alleged use of material from a website managed by another law firm that the defendant knew had its head office in northern California was sufficient to establish that the defendant had expressly aimed its conduct at northern California for the purposes of establishing personal jurisdiction in a copyright infringement action, the U.S. Court of Appeals for the Ninth Circuit ruled Aug. 5.  Brayton Purcell LLP v. Recordon & Recordon, 2009 ILRWeb (P&F) 2403.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Warrant Authorization to Search for Records Did Not Justify Search of Computer at Scene

A warrant that authorizes a search for documents or other records but does not specifically mention computers will not support a computer search in the absence of special circumstances beyond the obvious fact that a computer is capable of storing documents, the U.S. Court of Appeals for the Ninth Circuit decided July 21.  United States v. Payton, 2009 ILRWeb (P&F) 2331.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database

Latest Cases 
 
·  Arnold v. Treadwell, 2009 ILRWeb (P&F) 2333 [ED Mich] (Aspiring model did not have to be a celebrity to proceed with false endorsement claims because she intended to commercialize her identity)
·  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)
·  Brayton Purcell LLP v. Recordon & Recordon, 2009 ILRWeb (P&F) 2403 [9th Cir] (Infringement against party located in forum enough to establish act was expressly aimed)
·  Complaint Under PIPEDA Against Accusearch, Inc. (Report of Findings), 2009 ILRWeb (P&F) 2323 [Can Priv Comm'r] (U.S.-based online background investigation firm violated Canadian privacy law due to the improper collection, use, and disclosure of Canadians' personal information)
·  County of Nassau, N.Y. v. Hotels.com, LP, 2009 ILRWeb (P&F) 2419 [2d Cir] (Second Circuit remands Nassau County case against online travel firms over hotel taxes)
·  DISH Network L.L.C. v. Sonicview USA, Inc., 2009 ILRWeb (P&F) 2329 [SD Cal] (Satellite television service will likely prevail on claims that a company violated the DMCA by selling devices and software capable of pirating the service's security systems, but a TRO barring the company from distributing all receivers would be overbroad)
·  Federal Trade Commission v. Karnani (Temporary Restraining Order), 2009 ILRWeb (P&F) 2325 [CD Cal] (TRO orders California company, posing as a company operating in the UK, to refrain from deceiving British consumers into believing that they were buying from a local company)
·  Goddard v. Google, Inc., 2009 ILRWeb (P&F) 2321 [ND Cal] (Google keyword tool did not transform company into CDA §230 "content provider")
·  Gordon v. Virtumundo, Inc., 2009 ILRWeb (P&F) 2407 [9th Cir] ("Professional plaintiff" lacks standing to bring CAN-SPAM suit)
·  Hernandez v. Hillsides, Inc., 2009 ILRWeb (P&F) 2405 [Cal] (Installation of hidden video camera in employee's office may intrude upon employee's privacy expectations, even if the camera is never actually used to view or record employee)
·  Ngai v. Old Navy, 2009 ILRWeb (P&F) 2327 [D NJ] (Text messages sent between attorney and client during deposition are subject to discovery)
·  Research Corporation Technologies, Inc. v. Microsoft Corp., 2009 ILRWeb (P&F) 2319 [D Ariz] (Court finds Bilski extends to device claim; image transformed is a 'particular article')
·  ShoeMoney Media Group, Inc. v. Farrell (Order of Dismissal With Prejudice), 2009 ILRWeb (P&F) 2409 [D Neb] (Case alleging use of trademarks as Google AdWords is settled and dismissed by consent of the parties)
·  United States v. Bobb, 2009 ILRWeb (P&F) 2411 [11th Cir] (Convictions for both "receiving" and "possessing" child pornography did not violate the Double Jeopardy Clause)
·  United States v. Myers, 2009 ILRWeb (P&F) 2413 [8th Cir] (Defendant convicted of enticing a minor to engage in criminal sexual activity was not entrapped as a matter of law; district court did not plainly err in admitting transcript of Internet chats)
·  United States v. Payton, 2009 ILRWeb (P&F) 2331 [9th Cir] (Warrant authorization to search for records did not justify search of computer at scene)
·  United States v. Thielemann, 2009 ILRWeb (P&F) 2401 [3d Cir] (Special Conditions of Supervised Release, restricting defendant's computer use and his viewing of sexually explicit material, do not violate the Constitution)
·  Yoder v. University of Louisville, 2009 ILRWeb (P&F) 2415 [WD Ky] (Nursing student wrongfully dismissed from school over blog post)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Bilski v. Doll (Brief for Petitioners), 2009 ILRWeb (P&F) 2220 [US] (Petitioners argue that "machine-or-transformation" test has no basis in the patent statute and conflicts with precedent)
·  Comcast Corp. v. Federal Communications Commission (Opening Brief for Petitioner Comcast), 2009 ILRWeb (P&F) 2230 [DC Cir] (Comcast challenges FCC order finding that it violated "federal Internet policy" by engaging in certain network management practices)
·  Comcast Corp. v. Federal Communications Commission (Brief Amicus Curiae of Professors James B. Speta and Glen O. Robinson and the Progress and Freedom Foundation), 2009 ILRWeb (P&F) 2404 [DC Cir] (Amici argue that FCC lacks general authority to regulate Internet)
·  Gawronski v. Amazon.com, Inc. (Class Action Complaint), 2009 ILRWeb (P&F) 2228 [WD Wash] (Amazon Kindle users argue that the deletion of certain e-book titles violated the CFAA and breached Amazon's terms of use)
·  Google, Inc. v. John Beck Amazing Profits, LLC (Complaint), 2009 ILRWeb (P&F) 2226 [ND Cal] (Google seeks declaration that use of trademarks as keyword triggers for online advertising does not violate Lanham Act)
·  Horizon Group Management, LLC v. Bonnen (Verified Complaint), 2009 ILRWeb (P&F) 2216 [Ill Cir Ct] (Twitter user sued over allegedly defamatory tweet)
·  Mrs. Fields' Brand, Inc. v. Batters & Doughs, Inc. (Complaint), 2009 ILRWeb (P&F) 2222 [D Utah] (Owner of trademark in 1-800-COOKIES sues registrant of domain name 1800cookies.com)
·  Price v. Facebook, Inc. (Complaint), 2009 ILRWeb (P&F) 2224 [ND Cal] (Advertiser alleges click fraud by Facebook in class action lawsuit)
·  TechRadium, Inc. v. Twitter, Inc. (Plaintiff's Original Complaint), 2009 ILRWeb (P&F) 2400 [SD Tex] (Lawsuit alleges patent infringement by Twitter)
·  Tetris Holding, LLC v. Biosocia, Inc. (Complaint), 2009 ILRWeb (P&F) 1462 [SD NY] (Makers of electronic puzzle game allege that operators of social gaming website offer infringing knock-off game)
·  United States v. Microsoft Corp. (Joint Status Report on Microsoft's Compliance with the Final Judgments), 2009 ILRWeb (P&F) 2402 [D DC] (DOJ and state AG's file latest status report with the court monitoring Microsoft's antitrust compliance)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Bandwidth Optimization and Expansion Market and Technology Assessment – New!
Contributing analyst Patti Reali provides a forward-looking overview of the key issues related to the most high-profile of the bandwidth expansion and optimization technologies in use or under evaluation by U.S. cable MSOs.  Learn More  Order Now

Cable Commercial Services Strategies: Analysis and Revenue Forecast, 2nd Edition – New!
Includes updated cable commercial services revenue forecasts and an overview of the commercial services strategies of the leading operators. Chief Analyst Tim McElgunn also analyzes the cable operators' existing and emerging capabilities and details the critical success factors in targeting the SMB opportunity.  Learn More  Order Now

CenturyLink in the Broadband Big Leagues: Analysis and Forecast
CenturyTel's Embarq acquisition creates the fourth largest incumbent local exchange carrier in the country. Learn more about our detailed conclusions and our forecasts for CenturyLink's future customer growth in this new report.  Learn More  Order Now

Consumer IPTV Outlook 2009
Proprietary solutions risk eventual obsolescence or buyout as fiber network and IPTV deployments manifest on a widespread scale. In this new report, Senior Analyst Tim Deal 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 – Broadband Policy Summit Webinar Series
Wednesday, September 9, 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
Order a recording of our interactive Webinar featuring legal experts from Google, Santa Clara Law School, Marriott International, and Wilson Sonsini Goodrich & Rosati, who clarified common misconceptions about keyword advertising, examined the implications of third-party trademark use, and offered guidance for brand owners, marketers, resellers, and website operators.  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