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Features

New News

Compiled by Sam Fineman

Recent developments of note in the Internet industry. This month:<br>FCC Requires VoIP to Clean up Its 911 Act <br>House Votes to Eliminate Spyware<br>Intermix Settles Adware Suit with Spitzer

Features

Trademark Law Shapes Internet Pop-up Ads

Jonathan Bick

Despite their negative public images, Internet pop-up ads and unsolicited commercial e-mail (spam) have transfigured marketing. Like spam, Internet pop-ups can be lawful if they are not deceptive.

Confronting and Understanding 'Gripe Sites'

Kelly D. Talcott

The Internet has provided an unprecedented opportunity for individuals to disseminate information widely at a very low cost. This means that virtually anybody who wants to distribute a message can do so. <br>It is this sense of empowerment that may drive individuals to spend the time and energy to create sites devoted to complaints about a particular product, service, company, organization, or individual. Frequently these sites employ trademarks owned by their targets, sometimes in the site's domain name itself, and always in the text of the site. Internet search engines pick these references up, so that the gripe sites often turn up side-by-side with official corporate sites in response to Internet searches.

Features

e-Commerce Continues To Rise

Michael Lear-Olimpi

Preliminary estimates of first-quarter e-commerce activity from the U.S. Census Bureau show a continued rise in the value of services and goods procured and exchanged online or by other electronic conduits.

Index

ALM Staff & Law Journal Newsletters

A complete listing of everything in this issue.

Features

Cooperatives & Condominiums

ALM Staff & Law Journal Newsletters

Recent cases you need to know.

Eminent Domain Law

ALM Staff & Law Journal Newsletters

A look at a recent important case.

Landlord & Tenant

ALM Staff & Law Journal Newsletters

Notable cases and recent rulings.

Features

Development

ALM Staff & Law Journal Newsletters

Notable recent cases.

Real Property Law

ALM Staff & Law Journal Newsletters

Recent rulngs of importance to you and your practice.

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MOST POPULAR STORIES

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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