<i>Tiffany v. eBay</i>
August 28, 2008
The recent decision in <i>Tiffany v. eBay</i> is a well-considered exploration for finding secondary e-marketplace liability for facilitating infringing sale of goods without selling a product, and for the marketplace maker to avoid infringement liability for sellers on its site.
Does a Patch Need to Match?
August 28, 2008
Property insurance policies typically require repair and replacement of damaged property to be made with "like kind and construction" as the original. Occasionally, a policy will include another phrase that is similar to "like kind and construction," such as "like kind and quality" or "like construction and use." How to interpret such phrases, including how far an insurer must go to maintain the design and aesthetics of the pre-loss property, is an important issue in the claims process.
'Can't Touch This'
August 28, 2008
No one would confuse the stereotypical IT geek with someone as cool as one-time hip-hop mogul M. C. Hammer. Yet, sometimes when the IT staff sacrifices lawyers' work habits on the altar of implementing a "litigation-hold" policy, it seems like Hammer's simple musical advice rules the day: "U Can't Touch This." From the lawyers' side of the divide, the IT department's well-intentioned effort to comply with procedural rules to enforce a litigation-hold policy often seems like interference with our professional duties to clients, and how we do our jobs.
Wine Online
August 28, 2008
Now can I ship wine to out-of-state consumers? That's what people at wineries, and even retailers, have been asking e-commerce counsel since the Supreme Court decided <i>Granholm v. Heald</i>, which struck down wine-shipping regulations in Michigan and New York as discriminatory under the Dormant Commerce Clause. There are at least 50 answers to the question.
Court Watch
August 28, 2008
Covenants Not to Compete Found Unenforceable in Georgia
The Registration Experience: Six Easy Lessons from the Converted
August 28, 2008
If you have registered a few dozen Uniform Franchise Offering Circulars ("UFOCs") and spent the better part of 2008 converting your current stable to the Amended Rule's disclosure format, you can probably relate to the throbbing headache we experienced during this spring's annual filing season when we registered our clients' freshly converted franchise disclosure documents ("FDDs") with state franchise agencies. Before the annual spring filing crunch, we had found clear sailing in registering FDDs early.'
How to Avoid the Franchise Surprise
August 28, 2008
In many states, the statutory definition of "franchise" has been, and could be, construed broadly to include relationships between brand owners and their trademark licensees, even though neither party intended to create a franchise relationship. Brand owners can only avoid the franchise surprise if they know the rules of the game.
Defending Your Client's Domain Name
August 28, 2008
A company's domain name is often the most fundamental basis for trademark and branding efforts. Ideally, the choice of a domain name is made after conducting searches for potentially identical or confusing domains. But even if such due diligence is conducted, with the millions of domain names registered under the various extensions and country codes, it is not possible to guarantee that the domain name will not potentially conflict with someone else's trademark rights.
Use of Another's Trademark in Web Site Metatags
August 28, 2008
A metatag is a coding statement for a Web site in the Hypertext Markup Language that describes the site's content. The information provided in metatags can be used by search engines to determine Web page relevancy and to influence search results. In a surprising development, the U.S. District Court for the Eastern District of Wisconsin has determined that the use of metatags in Web site code does not create initial interest confusion, because current search engines no longer use metatags to determine the relative relevance of a Web site, preferring instead to use algorithms that rank the Web sites by the number of other sites that link or point to them.
