Opening the Web As a Frontier for Gambling in the U.S.
February 01, 2012
An opinion published by the U.S. Department of Justice's (DOJ) Office of Legal Counsel in late December has opened the way for state lotteries to sell tickets via the Internet. And now people are wondering if poker, casinos, and other online gaming enterprises can be far behind.
Proving Contributory Online Trademark Infringement
February 01, 2012
The ubiquity of the Web on computers, mobile phones and tablets offers businesses the opportunity to connect with consumers throughout the world in ways they never could before. Unfortunately, along with the success of legitimate online commerce, the distribution and sale of counterfeit products through professional-looking websites has also increased dramatically, particularly in the clothing, consumer electronics, pharmaceutical and footwear industries.
SOPA and PIPA Put on Hold
February 01, 2012
Fueled by Twitter and Facebook postings, the public became more aware of SOPA and its sibling Senate legislation, PIPA (Protect IP Act) and took to e-mail and old-fashioned telephones to let their Congresspersons know how they felt. Whether those who sent messages read the Bills or knew what they really said, the word was out: these Bills would kill the Internet as we know it.
Google+ Pages
February 01, 2012
Google+ Pages are similar to Facebook "fan" pages. These social media offer many similar benefits; however, Google+ Pages has had an inauspicious start, to say the least, and does not yet appear to be a serious Facebook challenger.
Recourse Strategies In the New Age of .XXX Domain Names
February 01, 2012
As the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. It's a showdown at the .XXX corral.
Technology Can Cap Internet Facilitators' Liability
February 01, 2012
Advances in Internet technology have increased facilitators' capacity to ameliorate Internet bad acts automatically. Failure to employ such technology may result in more liability for Internet facilitators for preventing bad acts online.
UGC Campaigns and Right of Publicity
February 01, 2012
It is rights-of-publicity claims, because they are treated as property rather than as personal rights, and not other types of privacy claims, which are merely personal, that some courts have excluded from Communications Decency Act (CDA) immunity as a form of intellectual property.
An e-Cheapskate's Guide to Contracts
February 01, 2012
When confronted by contract after contract, day after day, which ones should an e-commerce executive actually read, so that she can spend some time running the business requiring all those contracts, and maybe even make some money?
How Small Firms Can Win the Marketing Marathon
January 31, 2012
At the root of marketing anxiety for small firm and solo lawyers is the perception that there are so many potential clients, so little time to reach them and so many options for pursuing them.