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Internet Law & Strategy
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Articles from Related Newsletters
An e-Cheapskate’s Guide to Contracts
e-Commerce Law & Strategy
When confronted by contract after contract, day after day, which ones should an e-commerce executive actually read, so that she can spend some time running the business requiring all those contracts, and maybe even make some money?

Recourse Strategies In the New Age of .XXX Domain Names
Entertainment Law & Finance
As the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. It’s a showdown at the .XXX corral.

Establishing Substantial Non-Infringing Use for Software Under 35 U.S.C. § 271(c)
The Intellectual Property Strategist
If sued as a contributory infringer under 35 U.S.C. § 271(c), a software company can prevail if it establishes that the accused software has a substantial non-infringing use. In many cases addressing this issue, however, software companies have usually failed to establish this defense. This article summarizes the particular circumstances that gave rise to these failures, and proposes a particular scenario under which a defendant may succeed in showing that its software is suitable for substantial non-infringing use.

Media & Communications Corner: It’s Not Social Media, It’s a Referral Generator
Marketing the Law Firm
In deciding whether to reap the benefits of today’s social-media platforms, the question for lawyers is not, "Would you like to get involved with social media?" The question is, "Would you like to get more referrals?"

Top Stories
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Headlines
Google+ Pages
Google+ Pages are similar to Facebook "fan" pages. These social media offer many similar benefits; however, Google+ Pages has had an inauspicious start, to say the least, and does not yet appear to be a serious Facebook challenger.

SOPA and PIPA Put on Hold
Fueled by Twitter and Facebook postings, the public became more aware of SOPA and its sibling Senate legislation, PIPA (Protect IP Act) and took to e-mail and old-fashioned telephones to let their Congresspersons know how they felt. Whether those who sent messages read the Bills or knew what they really said, the word was out: these Bills would kill the Internet as we know it.

Proving Contributory Online Trademark Infringement
The ubiquity of the Web on computers, mobile phones and tablets offers businesses the opportunity to connect with consumers throughout the world in ways they never could before. Unfortunately, along with the success of legitimate online commerce, the distribution and sale of counterfeit products through professional-looking websites has also increased dramatically, particularly in the clothing, consumer electronics, pharmaceutical and footwear industries.

Opening the Web As a Frontier for Gambling in the U.S.
An opinion published by the U.S. Department of Justice’s (DOJ) Office of Legal Counsel in late December has opened the way for state lotteries to sell tickets via the Internet. And now people are wondering if poker, casinos, and other online gaming enterprises can be far behind.

Action over Google Adwords
Google has won another key victory in a lawsuit challenging its AdWords keyword advertising program. In early January, Judge Edward Davila of the Northern District of California declined to certify a purported class action, which alleges that the search engine engaged in deceptive and unfair advertising regarding Google AdWords.

February 2012 Issue in PDF Format