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Trademark Protection in Cyberspace Rescued
A recent decision of the U.S. Court of Appeals for the Second Circuit, Rescuecom Corp. v. Google Inc., No. 06-4881, F.3d (2d Cir. April 3, 2009), has clarified precedent that had been assumed to foreclose Lanham Act challenges to the surreptitious use of trademarks to compete in cyberspace. In a 2005 decision, 1-800 Contacts v. WhenU.com, 414 F.3d 400, the Second Circuit dismissed a Lanham Act action against an online marketer because the challenged activity ' alleged use of a trademark to generate pop-up Web ads for competitors ' was not a “use in commerce” under the statute. District courts uniformly read 1-800 as holding that internal cyber-use of a trademark is never actionable under the Lanham Act. (For more on the 1-800 case, see, “WhenU Helps Keyword Companies See Clearly” in the August 2005 issue of e-Commerce Law & Strategy; www.ljnonline.com/issues/ljn_ecommerce/22_4/news/144951-1.html.)
In the wake of Rescuecom, that interpretation has been rejected, and advertisers have a potent weapon to protect their trademarks against unfair competition on the Web.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.