Latest News 
 
INTELLECTUAL PROPERTY
 
Federal Circuit Vacates $500 Million Jury Award in Microsoft Infringement Case

The patent reform debate took a new turn Sept. 11, as the U.S. Court of Appeals for the Federal Circuit addressed the issue of runaway jury damages awards while vacating a half-billion dollar award against Microsoft Corp. for use of its "pop-up calendar" in Microsoft Outlook.  Lucent Technologies, Inc. v. Gateway, Inc., 2009 ILRWeb (P&F) 2615.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Jury Awards Louis Vuitton $32.4 Million in Damages for Trademark Infringement
·  New York Stock Exchange Successfully Fights Computer-Based Trading Patent
·  Copyright Office Opposes Google Settlement; Orphan Works Issue Also Topic at Hearing
·  Unauthenticated Copy of Vintage Toy Website Did Not Establish 'Use' for Trademark Claims
·  Five Universities Sign Compact to Establish Open-Access Publication
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Forum-Selection Clause Linked to Bottom of Website Was Not 'Reasonably Communicated'

A forum-selection clause contained in browsewrap terms of service available through a link at the bottom of a website was not enforceable because it was not "reasonably communicated" to a customer, the U.S. District Court for the Eastern District of New York held Sept. 8.  Hines v. Overstock.com, Inc., 2009 ILRWeb (P&F) 2617.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Customers Complain That AT&T, Apple Did Not Live Up to iPhone MMS Representations
·  Amazon Policy Favoring On-Demand Printing by Subsidiary May Be Per Se Unlawful Tying
·  E-Records Certification Commission Plans to Launch Two New IT Approval Programs
·  DOJ Issues Second Request in Review of Microsoft/Yahoo Deal
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Net Users Need Not Have Chance to Object to ID Disclosure by ISPs, Canada Court Rules

Individuals whose identities were sought from their Internet service providers by potential defamation plaintiffs are not entitled to advance notice of, or a chance to object to, an order requiring the ISPs to uncloak them, the Ontario Superior Court of Justice said Sept. 9.  York University v. Bell Canada Enterprises, 2009 ILRWeb (P&F) 2627.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Baker, Levin Offer Perspectives on Delivering Universal Broadband

Meredith Baker, the Federal Communications Commission's newest commissioner, and Blair Levin, the executive director of the FCC's omnibus broadband initiative, offered potentially conflicting views of how to achieve universal broadband coverage.  Subscribers read more ...

Other Telecommunications news: 
 
·  Agencies Post Searchable Database of Broadband Grant, Loan Applications
·  NTIA, RUS Considering Changes Before Next Broadband Grant Round
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Swiss Agency Says Google Efforts to Protect Privacy Still Not Sufficient

Internet giant Google ran into further problems with the Swiss government Sept. 14 when the country's data protection agency said efforts by Google to beef up privacy protection on its "Street View" mapping service were insufficient.  Subscribers read more ...

Other Privacy & Security news: 
 
New Privacy Analysis & Perspective article: The Growing Importance of Complying with EU Data Protection Requirements, by Kristen J. Mathews and Jeremy Mittman, Proskauer Rose LLP
·  FTC Announces Upcoming Roundtables Examining Wide-Ranging Privacy Concerns
·  Maine Minor Marketing Challenge Dismissed; Legislature Will Revisit Likely Overbroad Law
·  California Legislature Clears Bill to Require Notification to State AG of Data Breaches
·  FTC OKs Final Consent Order with Sears Over Allegedly Deceptive Data Collection Notice
·  Obama to Name Patrick Gallagher as NIST Director
·  Senate Homeland Security Leaders Drafting Cybersecurity Bill, Chair Says
·  FCC Creates Cybersecurity Working Group
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Online Hotel Tax Ban Not Included in Senate-Passed Tourism Legislation

A proposed draft amendment aimed at barring states and localities from collecting taxes on portions of hotel rooms booked through online travel companies like Expedia, Inc. did not make it into a tourism promotion bill that the Senate passed Sept. 9.  Subscribers read more ...

Subscribers may search ILR's Taxation database

JURISDICTION & PROCEDURE 
 
Completion of Substantial Discovery Erodes Need for Testimony on Certification of Class

Internet auction site eBay, Inc. cannot persuade the U.S. District Court for the Northern District of California to hold an evidentiary hearing on class certification because the court can find no need to receive "cumulative" live testimony in addition to the "substantial" discovery already conducted.  In re eBay Seller Antitrust Litigation, 2009 ILRWeb (P&F) 2623.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Attorneys See Drafting Pointer in Failed CFAA Prosecution Based on Breached Online Terms

A recent opinion issued by the U.S. District Court for the Central District of California highlighted the need to specifically spell out, within website terms of service, the consequences of a forbidden behavior, attorneys experienced in cyberlaw litigation said.  Subscribers read more ...

Other Criminal Liability news: 
 
·  Swiss Government Proposes Following EU Schengen Crime Data Transfer Rules
 
Subscribers may search ILR's Criminal Liability database

Latest Cases 
 
·  BookLocker.com, Inc. v. Amazon.com, Inc., 2009 ILRWeb (P&F) 2525 [D Me] (Amazon.com may have unlawfully tied its online direct book sales channel to printing services for on-demand books provided by its wholly-owned subsidiary)
·  Ciolli v. Iravani, 2009 ILRWeb (P&F) 2521 [ED Pa] (Plaintiff establishes specific jurisdiction over operator of website specializing in online reputation management for claims of libel and false light)
·  Corbis Corp. v. Starr, 2009 ILRWeb (P&F) 2609 [ND Ohio] (Website owner vicariously liable for infringement of copyrighted images used in website redesign)
·  eBay Seller Antitrust Litigation, In re, 2009 ILRWeb (P&F) 2623 [ND Cal] (Court nixes evidentiary hearing on class certification, finding no need to receive "cumulative" live testimony in addition to the "substantial" discovery already conducted)
·  HEI Resources, Inc. v. Venture Research Institute, 2009 ILRWeb (P&F) 2523 [ND Tex] (Alleged defamatory Internet postings lack focus on Texas so as to permit the assertion of personal jurisdiction)
·  Hines v. Overstock.com, Inc., 2009 ILRWeb (P&F) 2617 [ED NY] (Website user not bound by browsewrap where user lacked knowledge of the site's terms and conditions)
·  Jubber v. Search Market Direct, Inc., 2009 ILRWeb (P&F) 2529 [Bankr D Utah] (Domain name is a type of tangible property that is capable of conversion)
·  Lucent Technologies, Inc. v. Gateway, Inc., 2009 ILRWeb (P&F) 2615 [Fed Cir] (Federal Circuit vacates $500 million jury award in Microsoft infringement case)
·  Maine Independent Colleges Association v. Baldacci (Stipulated Order of Dismissal), 2009 ILRWeb (P&F) 2611 [D Me] (Maine minor marketing challenge dismissed; legislature will revisit likely overbroad law)
·  Papyrus Technology Corp. v. New York Stock Exchange, LLC, 2009 ILRWeb (P&F) 2613 [SD NY] (New York Stock Exchange successfully fights computer-based trading patent)
·  Sears Holdings Management Corp., In re (Decision and Order), 2009 ILRWeb (P&F) 2527 [FTC] (FTC approves final consent order with Sears over allegedly deceptive data collection notice)
·  Tetris Holding, LLC v. Biosocia, Inc. (Stipulation of Dismissal), 2009 ILRWeb (P&F) 2621 [SD NY] (Parties stipulate to the dismissal of an infringement action over an electronic puzzle game)
·  Toytrackerz LLC v. Koehler, 2009 ILRWeb (P&F) 2491 [D Kan] (Plaintiffs fail to meet requirements for authentication of website printout; court denies application for preliminary injunction against online vendors)
·  UMG Recordings, Inc. v. Veoh Networks, Inc., 2009 ILRWeb (P&F) 2625 [CD Cal] (Online video upload service fulfilled required elements of eligibility for DMCA §512(c) safe harbor)
·  Vistaprint Corp. Marketing and Sales Practices Legislation, In re, 2009 ILRWeb (P&F) 2531 [SD Tex] (Webpages at issue were not deceptive; EFTA claim fails because EFTA does not apply to credit card transactions; ECPA claim fails because there was no "interception")
·  VRL International Ltd. v. Relevansanalys, 2009 ILRWeb (P&F) 2619 [WIPO] (To satisfy bad faith element, knowledge of complainant's trademark must be actual, not constructive)
·  York University v. Bell Canada Enterprises, 2009 ILRWeb (P&F) 2627 [Ont Super Ct Just] (Net users need not have chance to object to ID disclosure by ISPs)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Amazon.com, LLC v. New York State Department of Taxation and Finance (Brief of Amicus Curiae Performance Marketing Alliance in Support of Plaintiffs-Appellants), 2009 ILRWeb (P&F) 2612 [NY App Div] (Nonprofit sides with Amazon in its challenge to a N.Y. law requiring Internet retailers to collect use taxes on sales in New York)
·  Carbine v. Apple, Inc. (Complaint), 2009 ILRWeb (P&F) 2462 [ED La] (Complaint seeking class action status alleges Apple and AT&T oversold new iPhone models' multimedia messaging capabilities)
·  Carr v. Apple, Inc. (Class Action Complaint), 2009 ILRWeb (P&F) 2458 [ND Ohio] (Complaint seeking class action status alleges Apple and AT&T oversold new iPhone models' multimedia messaging capabilities)
·  Meeker v. Apple, Inc. (Complaint), 2009 ILRWeb (P&F) 2460 [SD Ill] (Complaint seeking class action status alleges Apple and AT&T oversold new iPhone models' multimedia messaging capabilities)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Handset Exclusivity Limitations: What's the Potential Impact for Carriers and Manufacturers? – New!
This report provides in-depth analysis of the handset exclusivity debate and our predictions and recommendations on carrier-manufacturer partnerships.  Learn more about this research

Residential VoIP Pricing Update – New!
This recurring report details the pricing and marketing strategies of residential VoIP services. Companies covered include Comcast, Time Warner Cable, Verizon, AT&T, Vonage, and Lingo.  Learn more about this research

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 about this research

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 about this research

Events & Conferences 
 

What's Next for Online Behavioral Advertising – Regulation, Legislation, or Continued Self-governance? – An Interactive Webinar
Friday, October 16, 2009 | 2:00 – 3:30 p.m. EDT
Pike & Fischer has gathered the key players in the behavioral advertising debate for a timely, interactive webinar moderated by Lydia Parnes, former director of the FTC's Bureau of Consumer Protection and current partner in the Washington D.C. office of Wilson Sonsini Goodrich & Rosati.  Join Ms. Parnes and her panelists from the FTC, Capitol Hill, the Interactive Advertising Bureau as they take an in-depth look at the policy, technical, and legal issues at the forefront of the debate.  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

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