Commercial Law

  • Ninth Circuit Vacates Injunction In Advertising Keywords Case

    Remember U.S. Supreme Court justice Potter Stewart's famous line about hardcore pornography? Stewart said it was tough to define, "but I know it when I see it." The quip came to mind after a ruling last month by the U.S Court of Appeals for the Ninth Circuit in a trademark infringement case involving Internet advertising keywords. In essence, the Ninth Circuit concluded that there's no strict standard for determining infringement in the Internet age, so judges have to know it when they see it.

    March 29, 2011Alison Frankel

  • New Net-Use Tracking Tactics Capture Privacy Claims

    The use of new technology makes peoples' efforts to keep Internet behavior private more difficult, has given rise to renewed claims from consumers of unlawful intrusiveness by Internet data-collectors, and has revived the argument that such behavior unlawfully violates privacy expectations.

    March 29, 2011Jonathan Bick and Elan Raffel

  • Small Impact on Practice Predicted from White House IP Recommendations

    When the White House's intellectual-property enforcement coordinator, Victoria Espinel, submitted a wish list to Congress in March recommending 20 changes to federal intellectual property law largely aimed at ramping up criminal punishment for IP infringement, IP lawyers said the white paper recommendations would likely have only a tenuous effect, if any, on civil IP litigation or patent prosecution.

    March 29, 2011Zack Needles

  • Decision of Note MI Supreme Court Dismisses Claim over Backstage Taping

    The Supreme Court of Michigan dismissed an eavesdropping claim by city officials who were taped backstage while demanding that a video they considered improper for young audience members not be played during a Detroit concert that featured rappers Dr. Dre, Eminem and Snoop Dogg.

    March 29, 2011Stan Soocher

  • Fourth Quarter e-Commerce: Lookin' Good!

    Fourth-quarter 2010 estimated U.S. retailing rose 3.6% over the third quarter, the Census Bureau reports, as consumer confidence rose through the Christmas season on a wave of slightly rising employment.

    March 29, 2011Michael Lear-Olimpi

  • Evolving Online Advertising Techniques

    The federal government roared into March like a lion on online advertising, privacy and data'security practices, but hardly left like a lamb.

    March 29, 2011Alan L. Friel

  • Reviving the Not'Quite Dead

    Congress passed the Restore Online Shoppers' Confidence Act ("ROSCA") to great public acclaim late last year. But was the new law necessary? Dictionary.com defines restore in several parts, but all refer to bringing back something "lost" or "dead." Looking at recent online business statistics, though, how can anyone reasonably believe that online shopping was "lost" or "dead," much less in need of the "restoration" desired by the new law's authors?

    March 29, 2011Stanley P. Jaskiewicz

  • Assumption of Liabilities

    A buyer purchases certain assets and assumes certain liabilities of a seller under an asset purchase agreement. However, after the transaction closes, the buyer files for bankruptcy under Chapter 11 of the Bankruptcy Code and eventually rejects the asset purchase agreement. From a deal lawyer's perspective, the issue is: What impact does the bankruptcy filing and the contract rejection have on the carefully drafted, thoroughly negotiated asset purchase agreement?

    March 28, 2011Patrick J. Leddy, Charles M. Oellermann and Joseph M. Witalec