December 2, 2009 
 
Social Networking in the Workplace – An Interactive Webinar
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Social Networking in the Workplace: Maximizing Benefits and Minimizing Legal Risks for Business – An Interactive Webinar

Wednesday, December 16, 2009, 2:00 – 3:30 p.m. EST
Is blocking Facebook the answer ... or is it enough? That's the question facing many businesses as employees communicate electronically both on and off the clock. Join legal experts from Hogan & Hartson, Intel, and IBM as they identify the legal risks inherent in social networking, and offer practical solutions for minimizing those risks and maximizing the bottom line.  Learn More  Register Now

Latest News 
 
INTELLECTUAL PROPERTY
 
ACPA Bad Faith Safe Harbor Requires Something More Than Plausible Innocent Use

A domain name registrant must do more than simply claim that his registration was in good faith and offer plausible lawful motives in order to qualify for the protections of the Anticybersquatting Consumer Protection Act's bad faith safe harbor, the U.S. Court of Appeals for the Ninth Circuit held Nov. 16.  Lahoti v. Vericheck, Inc., 28 ILR (P&F) 408.  Subscribers read more ...

Other Intellectual Property news: 
 
·  Senate Panel Approves Espinel IP Czar Nomination
·  Trio of Cases Address Whether Licensees Can 'Own' Digital Content
·  Court Gives Preliminary Approval to Amended Proposed Settlement for Google Book Search
·  Beijing Court Bars Microsoft from Using Chinese-Licensed Fonts
·  U.K. Digital Economy Bill Includes New Rules on Copyright, Against Illegal P2P File Sharing
·  Use of Competitor's Mark as Google AdWord Generated Possible Initial Interest Confusion
 
Subscribers may search ILR's Intellectual Property database

INTERNET COMMERCE 
 
Regulators Allow Six-Month Delay for Firms to Comply with Online Gambling Restrictions

The Federal Reserve Board and the Treasury Department Nov. 27 announced plans to delay implementation of federal rules requiring financial services providers to restrict customer transactions with unlawful Internet gambling sites.  The Dec. 1 compliance date for implementing the Unlawful Internet Gambling Enforcement Act (UIGEA) will be extended until June 1, 2010, according to a joint final rule issued by the agencies.  Subscribers read more ...

Other Internet Commerce news: 
 
·  'Spam Gang' Network Leader Will Pay Over $15 Million in Default Judgment
·  EU Ombudsman Says EU Antitrust Regulator Guilty of 'Maladministration' in Intel Inquiry
·  Rockefeller Unveils Findings of Probe on 'Aggressive' Online Sales Practices
·  Regulators Issue Warning Letters Against Online Sales of Unapproved Rx
·  EU Regulator Extends Deadline for Oracle, Sun Merger Decision
·  Marketer of 'Free' Internet Auction Kits May Pay Over $1 Million to Settle Charges
·  Financial Firms Await Agencies' Reply to Concerns Over Online Gambling Rules
·  EU Closes Formal Antitrust Probe of Qualcomm in Distribution of Chips
·  CNIL Applauds Renewed Spam Enforcement Funding
·  Regulators Allow Six-Month Delay for Firms to Comply with Online Gambling Restrictions
·  EU Rebuffs Calls by U.S. Senators to Speed Up Decision on Oracle-Sun Microsystems Merger
·  Facebook Sued for Alleged Deceptive Applications
·  National Class of Pay-Per-Click Advertisers Certified in Fraud, Breach of Contract Action
 
Subscribers may search ILR's Internet Commerce database

FREEDOM OF SPEECH
 
Senate Judiciary Adopts Substitute Shield Bill with More Specific 'Journalist' Requirements

An amendment to a media shield bill (S. 448) approved by the Senate Judiciary Committee Nov. 19 is more specific than its predecessor in terms of what parties must do to qualify as "journalists," but would not exclude unpaid bloggers from its protections.  Subscribers read more ...

Other Freedom of Speech news: 
 
·  Prosecution in Italian Google Case Seeks Jail Time for Top Executives
 
Subscribers may search ILR's Freedom of Speech database 

TELECOMMUNICATIONS 
 
FCC Publishes Broadband Proposed Rule, Seeks Comment on Privacy, Data Security

The Federal Communications Commission Nov. 30 published a notice of proposed rulemaking regarding its ongoing examination of Internet broadband and access to the web.  Among the FCC's proposed broadband policy principles is one on transparency that seeks to make providers more open about their services through required disclosures to the commission and consumers.  Preserving the Open Internet; Broadband Industry Practices (Notice of Proposed Rulemaking - Federal Register Version), 74 FR 62638.  Subscribers read more ...

Other Telecommunications news: 
 
·  FCC Task Force Includes Data Privacy in List of Critical Broadband Policy 'Gaps'
·  Broadband Internet Subscription Rates Growing Slowly in Europe, EC Report Finds
·  FCC Seeks Input on Study Analyzing State of Broadband
·  EU Regulatory Reform Clears Final Hurdle with European Parliament OK
 
Subscribers may search ILR's Telecommunications database

PRIVACY & SECURITY 
 
EU e-Privacy Bill with Breach Notice, Consent for Cookies, Net Cut Off Clears Final Hurdle

European Union telecoms and Internet service providers must give customers notice of breaches, ISPs and web businesses must gain user consent before downloading cookies, and EU Member States will be allowed to cut off the Internet service of abusive file sharers under legislation given final EU approval Nov. 24.  Subscribers read more ...

Other Privacy & Security news: 
 
·  Online Services Say They Are Experimenting with New Notices to Explain Data Collection
·  House Bill Would Severely Restrict Federal Agency, Worker, Contractor P2P Software Use
·  FTC Announces Details for Its First Two Privacy Roundtable Discussions
·  New EU e-Privacy Laws Spur Confusion Over Consent Requirements for Cookies
·  Firms Urge Caution as Lawmakers Prepare to Craft Privacy Legislation
·  ENISA Urges European Commission to Study Data Protection in Cloud Computing
·  Art. 29 Party Opinion May Be Springboard for Easier Transfer of EU Data to U.S. Courts
·  Facebook Announces Privacy Policy with Less Jargon
·  Social Networking Hearings, Israel, Andorra Adequacy Applications on Article 29 Agenda
·  Commerce's Safe Harbor Program Director Offers Application Advice to U.S. Businesses
·  Online School Board Notes with Redacted Psych Referral No Basis for Privacy Lawsuit
·  GAO Study Finds HHS, Other Agencies Lack Plans to Fully Protect Cyber Assets
·  West Virginia Judge's Personal E-Mails Not Public Records
·  Keyword Ad Challenged Under Privacy Statute
 
Subscribers may search ILR's Privacy & Security database 

TAXATION
 
California Court Finds Travel Websites Need Not Pay Hotel Tax Prior to Challenge

A California appeals court Nov. 24 found that the online travel companies challenging the transient occupancy tax assessed by Anaheim, Calif., were not required to pay the tax before filing a court challenge to the assessment.  City of Anaheim v. Superior Court of Los Angeles County, 2009 ILRWeb (P&F) 3059.  Subscribers read more ...

Other Taxation news: 
 
·  Florida DOR Addresses Sourcing for Custom Software, Information Services Exemption
·  Russian Finance Ministry Addresses VAT on Telecom and Port Services, Software
·  Illinois High Court Finds Wal-Mart Correctly Charged Sales Tax on Shipping Charges
·  NCSL Task Force to Seek More Big States to Aid in Push for Streamlined Sales Tax Bill
·  OECD Releases Drafts Related to Treaties, Sovereign Wealth Funds, Telecommunications
 
Subscribers may search ILR's Taxation database 

JURISDICTION & PROCEDURE 
 
Alleged Typosquatting in 41 Domain Names Created Jurisdiction in Mark Holder's State

A company that registered 41 domain names misspelling a Michigan company's trademarks purposefully targeted the trademark owner there, satisfying due process requirements for specific jurisdiction in a cybersquatting lawsuit, the U.S. District Court for the Eastern District of Michigan held Nov. 13.  Weather Underground, Inc. v. Navigation Catalyst Systems, Inc., 2009 ILRWeb (P&F) 3039.  Subscribers read more ...

Other Jurisdiction & Procedure news: 
 
·  Forum Shopping by Loan E-Marketer Targeted by FTC Staff Challenged in Ruling
 
Subscribers may search ILR's Jurisdiction & Procedure database

CRIMINAL LIABILITY 
 
New Jersey Attorney General Charges Man with 'Theft' of P2P.com Domain Name

An alleged domain name thief who identified himself by later selling the challenged name on eBay was indicted Nov. 16 in New Jersey on seven counts, one of the first-ever criminal actions against a domain hijacker.  State of New Jersey v. Goncalves (Indictment), 2009 ILRWeb (P&F) 3018.  Subscribers read more ...

Subscribers may search ILR's Criminal Liability database

Latest Cases 
 
·  Almeida v. Google, Inc., 2009 ILRWeb (P&F) 3037 [ND Cal] (Plaintiff must establish that he has standing to file amended complaint in purported class action challenging certain aspects of the registration process for Google's AdWords advertising program)
·  Anaheim, City of v. Superior Court of Los Angeles County, 2009 ILRWeb (P&F) 3059 [Cal Ct App] (Online travel companies may seek mandamus and declaratory relief in superior court without first paying the transient occupancy taxes the City claims are owed)
·  Andersen v. Atlantic Recording Corp., 2009 ILRWeb (P&F) 3065 [D Ore] (Record companies' conduct in initiating a copyright infringement action against plaintiff is protected by the Noerr-Pennington doctrine)
·  Associated Press v. Canterbury, 2009 ILRWeb (P&F) 3061 [W Va] (West Virginia's FOIA does not require the disclosure of a judge's personal e-mails that contained information unrelated to his official duties)
·  Authors Guild, Inc. v. Google, Inc. (Order Granting Preliminary Approval of Amended Settlement Agreement), 2009 ILRWeb (P&F) 3045 [SD NY] (Court gives preliminary approval to amended proposed settlement for Google Book Search)
·  Endsley v. Luna (Order Adopting Report and Recommendation), 2009 ILRWeb (P&F) 3057 [CD Cal] (Complete ban on personal computer ownership or use did not violate due process rights of civil detainee at state mental hospital)
·  Federal Trade Commission v. Atkinson (Default Judgment as to Lance Thomas Atkinson, et al.), 2009 ILRWeb (P&F) 3067 [ND Ill] ('Spam gang' network leader will pay over $15 million in default judgment)
·  Federal Trade Commission v. Commerce Planet, Inc. (Stipulation for Final Judgment), 2009 ILRWeb (P&F) 3049 [CD Cal] (Marketer of 'free' Internet auction kits may pay over $1 million to settle charges)
·  Gordon v. Commonwealth Marketing Group, Inc., 2009 ILRWeb (P&F) 3043 [ED Wash] (Plaintiff lacks standing for CAN-SPAM Act claims; state law claims are preempted)
·  Guides Concerning the Use of Endorsements and Testimonials in Advertising (Final Rule; Notice of Adoption of Revised Guides), 2009 ILRWeb (P&F) 2919 [FTC] (FTC publishes final revisions to the guidance it gives to advertisers on how to keep their endorsement and testimonial ads in line with the FTC Act)
·  Kean v. Wal-Mart Stores, Inc., 2009 ILRWeb (P&F) 3051 [Ill] (Court finds that Wal-Mart correctly imposed sales tax on the cost of shipping items purchased on the retailer's website because the purchase of the product included the price of delivery)
·  Lahoti v. Vericheck, Inc., 28 ILR (P&F) 408 [9th Cir] (Domain name registrant must do more than simply claim that his registration was in good faith and offer plausible lawful motives in order to qualify for the ACPA bad faith safe harbor)
·  LTVN Holdings LLC v. Odeh, 2009 ILRWeb (P&F) 3031 [D Md] (A single click was sufficient to bind defendant to forum selection clause contained in clickwrap agreement)
·  Menagerie Productions v. Citysearch, 2009 ILRWeb (P&F) 3041 [CD Cal] (National class of pay-per-click advertisers certified in fraud, breach of contract action)
·  Morningware, Inc. v. Hearthware Home Products, Inc., 2009 ILRWeb (P&F) 3053 [ND Ill] (Use of competitor's mark as Google AdWord generated possible initial interest confusion)
·  Riggs v. MySpace, Inc., 2009 ILRWeb (P&F) 2757 [CD Cal] (Claims of negligence and gross negligence against MySpace are barred by Communications Decency Act)
·  Rutherford v. Katonah-Lewisboro School District, 2009 ILRWeb (P&F) 3055 [SD NY] (Teacher cannot proceed with constitutional privacy claims against a school board that posted online anonymized information about her referral to a psychiatrist, because she did not provide evidence of malice by the board)
·  Swish Marketing, Inc. v. Federal Trade Commission, 2009 ILRWeb (P&F) 3047 [D DC] (Court thwarts attempt to bypass the Federal Trade Commission's chosen forum by a loan marketer allegedly violating FTC Act §5)
·  United States v. Hatfield, 2009 ILRWeb (P&F) 3063 [ED NY] (Defendant did not waive attorney-client privilege with respect to otherwise privileged or work-protected documents stored on his office computer)
·  Weather Underground, Inc. v. Navigation Catalyst Systems, Inc., 2009 ILRWeb (P&F) 3039 [ED Mich] (Company that registered 41 domain names misspelling a Michigan company's trademarks purposefully targeted the trademark owner for specific jurisdiction in a typosquatting lawsuit)
 
Subscribers may search ILR's Cases database

Latest Pleadings, Motions, & Briefs 
 
·  Dazzlesmile, LLC v. Epic Advertising, Inc. (Verified Complaint), 2009 ILRWeb (P&F) 3020 [D Utah] (Manufacturer of teeth whitening products files action against search engines and Internet marketers alleging unfair competition, false advertising, trade name infringement, trademark and trade name dilution, cyberpiracy, and racketeering)
·  Habush v. Cannon (Complaint), 2009 ILRWeb (P&F) 3016 [Wis Cir Ct] (Named shareholders of law firm allege that purchasing their names as keywords for a competing firm's sponsored ad violates their privacy rights)
·  New Jersey, State of v. Goncalves (Indictment), 2009 ILRWeb (P&F) 3018 [NJ Super Ct] (In one of the first-ever criminal actions against a domain hijacker, alleged domain name thief who identified himself by later selling the challenged name on eBay is indicted on seven counts)
·  Swift v. Zynga Game Network, Inc. (Class Action Complaint), 2009 ILRWeb (P&F) 3022 [ND Cal] (Facebook sued for alleged deceptive applications)
 
Subscribers may search ILR's Pleadings database 

Latest Research from Pike & Fischer

Clearwire and the Outlook for 4G Competition – New!
This report examines Clearwire's services and device strategy, its partnerships, and its financial status. We also provide a forecast on Clearwire's subscriber base and revenues, and an outlook on the impact that LTE's emergence will have on Clearwire's competitive strength and on WiMAX as a whole.  Learn more about this research

Telemedicine and the Economic Stimulus: Broadband Opportunities in a Swelling Market
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
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

Events & Conferences 


Broadband Policy Summit VI
Advance Early Bird Discount – Save $200 – Expires January 1, 2010
The Fairfax Hotel at Embassy Row, Washington, D.C., June 10-11, 2010
Join us at BPS VI--the 2010 edition of the preeminent annual forum for the broadband telecommunications industry--to air and dissect the critical and complex issues facing broadband businesses and policymakers in the wake of the new National Broadband Plan. Interact with panels of top federal, state, and private sector players and top-level keynoters to gain invaluable, actionable insights into the industry's emerging shape and explore new developments in recurring themes. Register before January 1 at Early Bird Rates and save $200.  Learn More  Join us on LinkedIn

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.

View all Events & Conferences

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