What's Next for Online Behavioral Advertising – 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, and 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 

Latest News 
 
INTELLECTUAL PROPERTY
 
ICANN Releases Third TLD Applicant Guide, Calls Trademark Solutions Still 'In Progress'

The third draft guidebook for potential new top-level domain applicants, released by the Internet Corporation for Assigned Names and Numbers Oct. 2, includes several new provisions promoting security and registry stability—but reflects only two of trademark owners' requested five new protections.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Misappropriation Among Claims Held Preempted in Obituary Plagiarism Dispute
·  Karaoke Business Owner's Role in Transfer of Rival Domain Name Supported ACPA Claim
·  WIPO Chief Warns That Organization Risks Losing Its IP Rulemaking Role
·  Court Vacates $388 Million Jury Award Against Microsoft for Patent Infringement
·  Reorganization of Licensee Entities Resulted in Unauthorized Transfer of Software License
·  Experts Say ECJ Advisory Opinion in Google AdWords Dispute May Provide Needed Unity
·  Questions of Fact Remain as to Whether 'Reflashing' Phones Is Use in Commerce
·  Missed Statute of Limitations Not Enough for Laches in Domain Infringement Action
·  Supreme Court Will Not Review Ruling Barring Webcasting in Tenenbaum Case
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
NTIA Allows JPA to Lapse, Adopts with ICANN Global Affirmation of Commitments

An agreement entered into Sept. 30 by the Internet Corporation for Assigned Names and Numbers and the National Telecommunications and Information Administration promises to improve accountability in the maintenance of the domain space, but will likely not solve all accountability-related concerns, especially as relate to ICANN's planned new top-level domain program.  Subscribers read more ...

Other Internet Commerce news: 
 
·  House Lawmakers Urge Administration to Delay Enforcing Online Gambling Rules
·  Bloggers Must Disclose Cash, Freebies When Writing Reviews About Donor's Wares
·  Speculative Search Ad Monopoly Claims Dismissed
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Virtual Town Not Like Company Town for Purposes of First Amendment Protection

A virtual world that includes homes, offices, and shops is simply an entertainment space, not a "company town" that would liken the operator to the government for purposes of the First Amendment, the U.S. District Court for the Northern District of California held Sept. 22.  Estavillo v. Sony Computer Entertainment America, 2009 ILRWeb (P&F) 2701.  Subscribers read more ...

Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
Genachowski Backs Knight Report, Says Agency Responsible for Issues

Federal Communications Commission Chairman Julius Genachowski Oct. 2 said the agency would work toward the goals in a report just released by the Knight Commission aimed at media in the digital age.  Subscribers read more ...

Other Telecommunications news: 
 
·  Wireless Industry Asks Government to Reallocate 800 MHz of Spectrum
·  Report Says Telecom Sector Has Emerged Mostly Unhurt from Global Economic Crisis
·  Net Neutrality Debate Heats Up as GOP Leaders Launch Opposition
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
Australian Cybersecurity Legislation Would Allow Early Interception of Online Messages

The Australian Parliament is considering allowing computer network operators to take early steps to protect their networks from cyberattacks by intercepting online communications without consent before they are available to intended recipients, under a bill introduced Sept. 16.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Court OKs Dismissal of Bank Lawsuit Seeking G-Mail Data-Breach Information
·  Florida AG: Blackberry Messages Are Public Records
·  Senate Judiciary Begins Work on Measure to Renew, Modify PATRIOT Act Provisions
·  House Commerce Approves Bills to Protect Sensitive Consumer Data
·  Court OKs Verdict Against Restaurant for Managers' Access of MySpace Account
·  DHS Unveils Plans to Become 'World-Class' Cyber Organization with New Hiring Authority
·  Payroll Services Company Discloses Discovery of Website Security Breach
·  EPIC Complains Safety Software Company Tracks, Sells Data About Kids' Online Activity
·  Council of Europe Seeks Comment on Online Profiling Draft Guidelines
·  Investors Being Targeted in ARS 'Phishing' Scam, FINRA Warns
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
N.Y. Senate Committee Recommends Overhaul of Telecommunications Taxes

New York state's telecommunications taxes should be streamlined and modernized by creating a system that is based on the type of service provided, rather than the means of delivery, according to a Sept. 25 report from the New York State Senate Committee on Budget and Tax Reform.  Subscribers read more ...

Other Taxation news: 
 
·  U.K. Warns Telecom Companies, Internet Service Providers Over Sham Domicile Moves
 
Subscribers may search ILR's Taxation database 

CRIMINAL LIABILITY 
 
Final Court Dates Set in Google Trial in Italy

The privacy and criminal defamation trial against four officials from Google, Inc., resumed Sept. 28 after a two-month break with a largely procedural hearing that indicated the end of the eight-month trial could be within sight.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database

Latest Cases 
 
·  Allstar Marketing Group, LLC v. Your Store Online, LLC, 2009 ILRWeb (P&F) 2545 [CD Cal] (By operating a highly commercial website through which regular sales of allegedly infringing products are made to customers in California, defendants have purposefully availed themselves of the benefits of doing business in the state)
·  Cincom Systems, Inc. v. Novelis Corp., 2009 ILRWeb (P&F) 2687 [6th Cir] (A series of mergers that defendant underwent as part of an internal corporate restructuring resulted in a prohibited transfer of a software license)
·  D.J. Miller Music Distributors, Inc. v. Strauser, 2009 ILRWeb (P&F) 2691 [MD Fla] (Allegations that a business owner directed a competitor's employee to transfer the company's domain name and then demanded payment for its return could create liability under ACPA)
·  Estavillo v. Sony Computer Entertainment America, 2009 ILRWeb (P&F) 2701 [ND Cal] (Virtual world that includes homes, offices, and shops is simply an entertainment space, not a "company town" that would liken the operator to the government for purposes of the First Amendment)
·  Girafa.com, Inc. v. IAC Search & Media, Inc., 2009 ILRWeb (P&F) 2715 [D Del] (Court amends opinion in case addressing method and system patent for providing a preview thumbnail image of a webpage)
·  Live365, Inc. v. Copyright Royalty Board, 2009 ILRWeb (P&F) 2707 [D DC] (Plaintiff fails to demonstrate its entitlement to a preliminary injunction in its constitutional challenge to the CRB)
·  Mary Kay, Inc. v. Weber, 2009 ILRWeb (P&F) 2709 [ND Tex] (Court enters judgment for cosmetics manufacturer and outlines scope of injunction against  Internet reseller)
·  MetroPCS Wireless, Inc. v. Virgin Mobile USA, L.P., 2009 ILRWeb (P&F) 2717 [ND Tex] (Wireless provider's customer agreements, which prohibit reflashing of a handset, are not preempted by the DMCA)
·  More Cupcakes, LLC v. Lovemore LLC, 2009 ILRWeb (P&F) 2721 [ND Ill] (By using website to conduct business with Illinois customers, defendants thus purposefully availed themselves of doing business in Illinois)
·  Pearson Education, Inc. v. Liu, 2009 ILRWeb (P&F) 2725 [SD NY] (Internet resellers not protected by first-sale doctrine, for the doctrine does not apply to copies of copyrighted works manufactured abroad)
·  Pietrylo v. Hillstone Restaurant Group, 2009 ILRWeb (P&F) 2705 [D NJ] (Court OKs jury verdict finding employer liable for compensatory and punitive damages to two waiters fired after managers accessed their private MySpace postings criticizing management)
·  Rocky Mountain Bank v. Google, Inc. (Stipulation for Dismissal with Prejudice), 2009 ILRWeb (P&F) 2697 [ND Cal] (Court dismisses with prejudice litigation filed by a bank seeking to force Google to reveal information about one of its g-mail accounts involved in a data breach)
·  Scranton Times, L.P. v. Wilkes-Barre Publishing Co., 2009 ILRWeb (P&F) 2699 [MD Pa] (Claims that one newspaper's obituary plagiarism from another constituted misappropriation, unfair competition, tortious interference with a business practice, and unjust enrichment are all preempted by the Copyright Act)
·  TracFone Wireless, Inc. v. Tropical Export, Inc., 2009 ILRWeb (P&F) 2713 [SD Fla] (DMCA exemption does not absolve defendants of liability for tampering with prepaid cell phones)
·  Uniloc USA, Inc. v. Microsoft Corp., 2009 ILRWeb (P&F) 2703 [D RI] (Court granted a judgment as a matter of law of non-infringement in Microsoft's favor, vacating what was purportedly the fifth largest patent verdict in history)
·  Vernor v. Autodesk, Inc., 2009 ILRWeb (P&F) 2723 [WD Wash] (License agreement effected 'sale' of software copies, vesting ownership rights in eBay reseller)
·  Wilcox Associates, Inc. v. Xspect Solutions, 2009 ILRWeb (P&F) 2719 [ED Mich] (Complaint challenging registration of domain names confusingly similar to plaintiffs' marks is not barred by laches, given defendant's particularly egregious conduct)
·  Zinn v. Seruga, 2009 ILRWeb (P&F) 2711 [D NJ] (Ex-husband and his new competing business are liable for cybersquatting)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Comcast Corp. v. Federal Communications Commission (Brief Amicus Curiae of Professors Urging That the FCC's Order Be Affirmed), 2009 ILRWeb (P&F) 2800 [DC Cir] (Law professors urge court to uphold FCC order regarding Comcast's interference with its customers' use of peer-to-peer networking applications)
·  Doe v. R.C. (Complaint), 2009 ILRWeb (P&F) 2630 [Ill Cir Ct] (Plaintiff alleges that defendants defamed him by creating a false Facebook profile using his identity)
·  Echometrix, Inc., In re (Complaint), 2009 ILRWeb (P&F) 2634 [FTC] (EPIC alleges that a company that sells data collected by its parental control software, for the purpose of serving targeted advertising, is engaging in deceptive trade practices)
·  Thompson v. Facebook, Inc. (Complaint), 2009 ILRWeb (P&F) 2632 [SD Fla] (User sues Facebook for failing to remove posts advocating physical harm against him)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Telemedicine and the Economic Stimulus: Broadband Opportunities in a Swelling Market – New!
In this report, Pike & Fischer provides descriptions of the latest telemedicine solutions offered in the professional and consumer markets by the top U.S. wireless carriers, MVNOs, cable operators, and application developers, along with 5-year annual revenue forecasts on telemedicine-related spending.  Learn more about this research

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

Events & Conferences 
 

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

Introducing The Pipe
Pike & Fischer's Broadband Advisory Services team has launched a new blog, The Pipe, devoted to providing you with observations, insights and findings about everything broadband.  We welcome your comments and perspectives.

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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