Secret Online Identity
May 29, 2008
Companies and their employees at times face the difficult issue of protecting themselves from cybersmears by anonymous Internet users. One of the most problematic issues is the tension between identifying what is protected speech under the First Amendment, and the standard that must be met in order to obtain the identity of an anonymous poster who has used the Internet to spread damaging statements.
Federal Circuit Split Decision on 'Public Accessibility' of Internet Posting
May 29, 2008
Do Internet postings constitute 'printed publications' that are available as prior art under 35 U.S.C. '102(b)? Most practitioners and examiners behave as though this were a settled question. It is not. The Court of Appeals for the Federal Circuit recently addressed this issue in <i>SRI International v. Internet Security Systems and Symantec</i>. After much discussion of the principle of 'public accessibility,' the majority of the panel determined that there was a genuine issue of material fact as to whether a paper that SRI posted on its Internet server was a printed publication.
<b>Web Watch</b> Super-Powered Web Sites Hit the Jackpot
May 29, 2008
Consider this the super-powers edition of Web Watch. Read on to find out how you can build memory stronger than an elephant's, have the vision to search across the Web and develop the ability to communicate from the afterlife.
News Briefs
May 29, 2008
The latest news from the franchising world.
Court Watch
May 29, 2008
Recent rulings of interest to you and your practice.
Fifth Circuit Affirms Lanham Act and Antitrust Judgment for Franchisor
May 29, 2008
In <i>Schlotzsky's Ltd. v. Sterling Purchasing and National Dist-ribution Co., Inc. ("Sterling")</i>, 502 F.3d 393 (5th Cir. 2008), the Fifth Circuit reinforced the tough standard for proving an antitrust tying claim against a franchisor and clarified the broad scope of the Lanham Act's unfair competition provision. The decision is important for franchisors defending claims of market power.
IFA Legal Symposium Tackles Wide Range of Issues
May 29, 2008
Rarely has the International Franchise Association ('IFA') Legal Symposium, come at a busier time for the franchise industry, as a wide range of legal and business issues are generating change at a rapid rate. The conference, which was held on May 12-13 in Washington, DC, addressed everything from green business practices to new disclosure regulations, and the protection of marks on the Internet to states' efforts to expand their ability to tax franchise activity.
IP News
May 29, 2008
Recent developments you need to know.
Limits and Considerations in Control Groups
May 29, 2008
Control groups have become an almost required element in trademark surveys. Survey methodology, however, derives from the field of sociology and political science where there was no such concept of 'control' groups. The studies were designed to be descriptive of a phenomenon. As such, the surveys contained no 'controls,' but could still none the less offer useful information.
