Latest News 
 
INTELLECTUAL PROPERTY
 
EU Court Advisor Sides with Google in Keyword Advertising Dispute

Google, Inc. does not violate European Union trademark law when it allows advertisers to buy keywords corresponding to registered trademarks even if the search engine might ultimately lead to trademark infringement, the European Court of Justice's legal advisor stated Sept. 22.  Google France v. Louis Vuitton Malletier (Opinion of Advocate General Poiares Maduro), 2009 ILRWeb (P&F) 2663.  Subscribers read more ...

Other Intellectual Property news: 
 
·  General Awareness of Infringing Music Did Not Deprive ISP of DMCA Safe Harbor
·  Website That Did Not Include Metatags for Copyrighted Term Not 'Widely Disseminated'
·  French National Assembly OKs New Version of Court-Rejected Internet Piracy Law
·  Ability to Control Website Content Makes Corporation Liable for Vicarious Infringement
·  DOJ Amicus Brief Recommends Rejection of Settlement in Class Action Against Google
·  Intel Has No License to WARF's Patent Resulting from Intel's Grant to Inventor
·  Trademark Publication Notices to Be Sent by E-Mail
·  Document-Sharing Service Sued by Author
·  Reply Period for Rule on Deposit Exemption for E-Works Is Extended
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
California Lawsuit Alleging Unlawful E-Mail Address Request Not CAN-SPAM Preempted

A lawsuit against Pottery Barn, Inc., in which a customer alleged the company violated California's Song-Beverly Act by requesting her e-mail address at the point of sale, was not preempted by the federal CAN-SPAM Act, the California Court of Appeal, Fourth District, held Sept. 21.  Powers v. Pottery Barn, Inc., 2009 ILRWeb (P&F) 2661.  Subscribers read more ...

Other Internet Commerce news: 
 
·  Ninth Circuit Rejects Citrin, Says CFAA 'Authorization' Based on Employer Policies
·  Under Utah Law, Domain Names Ruled Tangible Property Subject to Conversion
·  Alleged Loss of Business Goodwill Qualified as 'Loss' Satisfying CFAA Pleadings Standard
·  FACTA Credit Card Number 'Printing' Rules Apply to On-Screen Payment Confirmations
·  BSA Says United States Retains Top Ranking Among 66 Countries as IT Industry Location
·  eBay Seeks Change in EU Block Exemption Antitrust Rules as Applied to Internet Sales
·  Details of Paid Rewards Plan in Box Next to Sign-Up Were Not Presented Deceptively
·  Advocacy Groups Urge DOJ to Conduct 'Rigorous' Review of Microsoft-Yahoo Deal
·  EU Antitrust Head Fights Back, Releasing E-Mail Evidence It Used to Prosecute Intel
 
Subscribers may search ILR's Internet Commerce database

TELECOMMUNICATIONS 
 
Genachowski Proposes Six Principles to Protect Users, Ensure Net Neutrality

Federal Communications Commission Chairman Julius Genachowski Sept. 21 proposed turning six principles into rules to protect consumers online and ensure a competitively neutral Internet, but his proposal was criticized immediately by Republican commissioners and lawmakers, as well as wireless firms.  Subscribers read more ...

Other Telecommunications news: 
 
·  FCC Leaders Set Lofty Goals for High-Tech Reforms at Agency
·  Content Owners Tell FCC to Preserve ISP Content-Filtering Options in Broadband Plan
·  Spectrum, USF Reform to Be Part of Broadband Plan, Genachowski Says
·  Genachowski to Ask FCC to Adopt Net Neutrality Rules
·  European Commission Sets Investment Guidelines for New Broadband Networks
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Post-Breach Fear of Identity Theft Satisfies Standing, but Not Compensable Without Loss

Fear that a lost laptop containing unencrypted personal information will lead to identity theft is cognizable as an injury-in-fact to satisfy Article III standing but, absent allegations of some actual harm, is insufficient to support negligence, breach of contract, and state law unfair trade practices claims, the U.S. District Court for the District of Connecticut held Aug. 31.  McLoughlin v. People's United Bank, Inc., 2009 ILRWeb (P&F) 2543.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Not All Executives Comfortable with Facebook
·  Senate Democrats Offer Bill to Revise Surveillance Laws
·  Social Networking Sites Offer Workplace Risks and Benefits, Conference Speakers Say
·  Cloud Computing Risks, 'Flavors', Jurisdictional Issues Explored at Meeting
·  Social Media Comments Sent to White House Covered by Records Act, Official Says
·  Massachusetts Officials Discuss Security Rules at Conference, Give Compliance Advice
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
Tax Foundation Backs Amazon.com in N.Y. Amicus Brief on Internet Law

The Tax Foundation announced Sept. 15 that it has filed a friend-of-the-court brief in a New York state appeals court supporting Amazon.com in its case against New York over the state's Internet sales tax law.  Amazon.com, LLC v. New York State Department of Taxation and Finance (Brief of the Tax Foundation as Amicus Curiae in Support of Plaintiffs-Appellants), 2009 ILRWeb (P&F) 2614.  Subscribers read more ...

Other Taxation news: 
 
·  State Efforts to Tax Downloads Growing Amidst Constitutional, Consistency Concerns
·  Texas Appeals Court Rules on Taxation of Store Software Purchased by 7-Eleven
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
New Trial Based on Juror's Pre-Selection Google Search of Defendant's History Upheld

A trial court's decision to set aside a jury verdict after learning that a juror had used Google to search for information about a corporate defendant's involvement in other litigation was not an abuse of discretion, the South Dakota Supreme Court held Sept. 16.  Russo v. Takata Corp., 2009 ILRWeb (P&F) 2637.  Subscribers read more ...

Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
Attorneys, Academics Sort Through Landmark Case on Computer Searches

Legal experts have identified a recent decision by a federal court of appeals as one of the most important rulings on government searches of electronically stored information.  In United States v. Comprehensive Drug Testing, Inc., 2009 ILRWeb (P&F) 2477, 2009 WL 2605378 (9th Cir Aug. 26, 2009), the en banc U.S. Court of Appeals for the Ninth Circuit dramatically refashioned the legal landscape surrounding computer searches.  Subscribers read more ...

Other Criminal Liability news: 
 
·  No Malicious Prosecution for Spying on Co-Workers
 
Subscribers may search ILR's Criminal Liability database

Latest Cases 
 
·  Art Attacks Ink, LLC v. MGA Entertainment, Inc., 2009 ILRWeb (P&F) 2631 [9th Cir] (Website did not establish widespread dissemination of allegedly infringed designs)
·  Avaya, Inc. v. Telecom Labs, Inc., 2009 ILRWeb (P&F) 2649 [D NJ] (Summary judgment inappropriate because granting defendants' motion—which would resolve only the issue of whether the use of valid logins violates the DMCA—will not result in the dismissal of any portion of plaintiff's DMCA claims)
·  Corbis Corp. v. Starr, 2009 ILRWeb (P&F) 2609 [ND Ohio] (Corporation that had power to approve changes to its website, including whether photographs were used, also had the ability to limit or stop infringing uses as required for vicarious copyright infringement)
·  Elizabeth Taylor Cosmetics Company v. Huang, 2009 ILRWeb (P&F) 2647 [WIPO] (Given valid trademark registration in China for "Elizab · taylor," UDRP panel is unable to conclude that respondent has no rights or legitimate interests in the domain "elizabtaylor.com")
·  Girafa.com, Inc. v. IAC Search & Media, Inc., 2009 ILRWeb (P&F) 2639 [D Del] (Court denies joint motions for summary judgment of invalidity of patent addressing a method and system for providing a preview thumbnail image of a webpage)
·  Google France v. Louis Vuitton Malletier (Opinion of Advocate General Poiares Maduro), 2009 ILRWeb (P&F) 2663 [ECJ] (EU Court advisor sides with Google in keyword advertising dispute)
·  Jackson v. Alleghany County, 2009 ILRWeb (P&F) 2535 [WD Va] (Former county employee who was indicted under the Virginia Computer Crimes Act for using monitoring software to spy on the computer activity of her co-workers failed to prove malicious prosecution)
·  Lane v. Facebook, Inc. (Settlement Agreement), 2009 ILRWeb (P&F) 2657 [ND Cal] (Settlement reached in dispute over Beacon information-sharing marketing program)
·  Liga Portuguesa de Futebol Profissional v. Departamento de Jogos da Santa Casa da Misericórdia de Lisboa, 2009 ILRWeb (P&F) 2645 [ECJ] (Laws in EU member states banning online wagering while allowing state-run lottery monopolies do not violate EU laws allowing the free movement of services)
·  LVRC Holdings LLC v. Brekka, 2009 ILRWeb (P&F) 2629 [9th Cir] (Whether an employee's use of a work computer is "without authorization" for CFAA purposes depends on the employer's policies and definitions of acceptable use, not on the employee's state of mind)
·  McLoughlin v. People's United Bank, Inc., 2009 ILRWeb (P&F) 2543 [D Conn] (Fear that a lost laptop containing unencrypted personal information will lead to identity theft is cognizable as an injury-in-fact to satisfy Article III standing, but absent allegations of actual harm, is insufficient to support other claims)
·  Paige, In re (Jubber v. Search Market Direct, Inc.), 2009 ILRWeb (P&F) 2529 [Bankr D Utah] (Domain names are tangible property in Utah, and transferring or selling them without authority is actionable conversion)
·  Powers v. Pottery Barn, Inc., 2009 ILRWeb (P&F) 2661 [Cal Ct App] (Claims alleging violations of California's Song-Beverly Credit Card Act are not preempted by the federal CAN-SPAM Act)
·  Romano v. Active Network, Inc., 2009 ILRWeb (P&F) 2635 [ND Ill] (FACTA restrictions on printing credit card numbers and expiration dates apply to both on-screen and in-person payment confirmations; ink on paper is not required to state a claim)
·  Russo v. Takata Corp., 2009 ILRWeb (P&F) 2637 [SD] (New trial proper where the results of a juror's Google search—performed after receiving a juror summons but before voir dire and being seated on the jury—were discussed during deliberations)
·  Seal Source, Inc. v. Calderon, 2009 ILRWeb (P&F) 2537 [D Ore] (Alleged loss of business goodwill qualified as 'loss' satisfying CFAA pleadings standard)
·  7-Eleven, Inc. v. Combs, 2009 ILRWeb (P&F) 2541 [Tex Ct App] (Texas-based 7-Eleven was entitled to partial refund of sales tax the state comptroller assessed on its purchase of financial software that was used by its out-of-state franchisees; but case remanded to determine whether software used by company-owned out-of-state stores was also exempt)
·  Spuglio v. Cabaret Lounge, 2009 ILRWeb (P&F) 2641 [3d Cir] (The ability to use Google to locate defendant's address and directions to its business does not make defendant subject to personal jurisdiction in Pennsylvania)
·  Sutliffe v. Epping School District, 2009 ILRWeb (P&F) 2651 [1st Cir] (Government speech doctrine bars free speech claim based on Town's refusal to add a hyperlink to plaintiff's website from the official Town website)
·  Telecommunications Relay Services and Speech-to-Speech Services for Individuals With Hearing and Speech Disabilities; E911 Requirements for IP-Enabled Service Providers (Final Rule; Extension of Deadline), 2009 ILRWeb (P&F) 2643 [FCC] (Commission extends the registration deadline established in the Second Report and Order and Order on Reconsideration)
·  Thayer v. Chiczewski, 2009 ILRWeb (P&F) 2655 [ND Ill] (Stored Communications Act does not prohibit AOL from disclosing the contents of its subscriber's e-mails)
·  Tu v. TAD System Technology, Inc., 2009 ILRWeb (P&F) 2633 [ED NY] (Violations of Copyright Act, DMCA, and Lanham Act do not warrant duplicative statutory damages award)
·  UMG Recordings, Inc. v. Veoh Networks, Inc., 2009 ILRWeb (P&F) 2625 [CD Cal] (General awareness of infringing music did not deprive ISP of DMCA safe harbor)
·  United States v. Stults, 2009 ILRWeb (P&F) 2539 [8th Cir] (Defendant had no reasonable expectation of privacy in files that the FBI retrieved from his personal computer where defendant admittedly installed and used LimeWire to make his files accessible to others for file sharing)
·  United States Securities and Exchange Commission v. Pirate Investor LLC, 2009 ILRWeb (P&F) 2653 [4th Cir] (Given that defendants circulated e-mail solicitation to investors on subscriber lists of Internet investment newsletters, the fraudulent statements in the e-mail occurred "in connection with" the purchase or sale of securities)
·  Vistaprint Corp. Marketing and Sales Practices Legislation, In re, 2009 ILRWeb (P&F) 2531 [SD Tex] (Individuals who signed up for a paid online rewards plan could not successfully claim the prominently presented terms and sign-up system were deceptive simply because they failed to read them)
·  Wisconsin Alumni Research Foundation v. Intel Corp., 2009 ILRWeb (P&F) 2659 [WD Wis] (Intel's "donation" of research funds to a University of Wisconsin professor did not create a license, either express or implied, to rights in the patent resulting from the research funded)
 
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 the Tax Foundation as Amicus Curiae in Support of Plaintiffs-Appellants), 2009 ILRWeb (P&F) 2614 [NY App Div] (Tax Foundation claims a state trial court erred in upholding a tax on Amazon.com because it failed to address whether the activities of Amazon's New York affiliates are vital to maintaining the company's market in the state)
·  Authors Guild, Inc. v. Google, Inc. (Statement of Interest of the United States of America Regarding Proposed Class Settlement), 2009 ILRWeb (P&F) 2618 [SD NY] (DOJ amicus brief recommends rejection of settlement in class action against Google)
·  i4i, LP v. Microsoft Corp. (Brief for i4i Limited Partnership and Infrastructures for Information Inc.), 2009 ILRWeb (P&F) 2616 [Fed Cir] (i4i asks the court to affirm all aspects of the district court's judgment in a patent infringement case involving Microsoft Word)
·  Scott v. Scribd, Inc. (Complaint), 2009 ILRWeb (P&F) 2620 [SD Tex] (Author files class action alleging copyright infringement against website that provides storage, searching, and retrieval of documents)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Cable Advanced Advertising Market Update and Forecast, 2nd Edition – New!
In this report, we update our analysis of the market, examine recent activity, and provide our adjusted forecast for U.S. cable operator advertising revenue through 2014.  Learn more about this research

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
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

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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