Google and the Social Media Law Firm
December 27, 2011
In our profession, most law firms focus on social media access, the Internet, intranets and shared client portals separately: Knowledge-focused firms will look at organizational and behavioral change as separate drivers from technology, and will treat the likes of Lean Six Sigma management principles, legal project management and alternative fee arrangements (AFAs) as standalone projects. If, however, the legal industry moves the way of consumer-driven market forces ' the merger of social media, Internet, intranet and shared client portals into a single seamless platform ' then the "Facebook firm" driving organizational and behavioral change for legal evolves and becomes a realistic business model
Re-registration of Current Domain Name By New Owner Not ACPA 'Registration'
December 27, 2011
The Ninth Circuit has now concluded that the ACPA does not apply to a domain name that is first registered prior to the time the trademark at issue becomes distinctive, even if the domain name is later re-registered by a new owner. However, the Ninth Circuit also held that the ACPA can apply to new domain names registered by the new owner after the mark acquires distinctiveness.
Are International Cybercrime Laws a Hopeless Fantasy?
December 27, 2011
The aspect of the Internet euphemistically described as "the cloud" has created a seemingly bountiful opportunity for the unscrupulous to acquire the means to attack innocent and vulnerable victims remotely and anonymously. And unlike the fictional portrayal of the apocalyptical children's tale of Chicken Little and his "The sky is falling!" warning, the current digital version is hardly a flight of fantasy.
SOPA Update
December 27, 2011
On Dec. 15 and 16, just as Congress was preparing to go dark until after the New Year, The U.S. House of Representatives Committee on the Judiciary held hearings on SOPA. And what seemed destined to be a long drawn-out fight by a few in attendance who were in opposition of passing the Bill against Committee Chairman and sponsor Lamar Smith (R-TX) and its many supporters, took a bizarre and sudden turn as Day 2 restarted after lunch ' and maybe more importantly, as Representatives' flights home for recess were in danger of being missed.
Online International Trademark Issues: Some Practical Considerations
December 27, 2011
What happens when a U.S. company's trademark is misused on the Internet outside of the United States? Short of litigating in that country, is all hope lost in addressing the problem? With the Internet and its global reach, even minor abuses are easily found and can cause real problems for a brand owner. Given the obvious jurisdictional roadblocks that exist in litigating in the U.S. against a foreign person or entity, there are some practical tactics that could prove useful in addressing and preventing this type of problematic behavior.
Bit Parts
December 27, 2011
Judge Denies Recusal Request in Marley Family Royalties Dispute Against UMG<br>UK Judgment Against U.S. Videogame Distributor Is Valid in Virginia
Law Firm Disqualified from StarGreetz Trade Secrets Case
December 27, 2011
StarGreetz, a new Los Angeles media company that lets customers send personalized celebrity videos and marketing messages over sites like Facebook and Twitter, might sound like just another Internet start-up hoping to capitalize on the public's obsession with Hollywood and social networking. But the company isn't a couple of star-dazed programmers fiddling around in a garage: StarGreetz's founders and backers are former senior executives at Warner Brothers, 20th Century Fox and Disney; its lawyers hail from Orrick, Herrington & Sutcliffe. Make that former lawyers, at least in a crucial case over the origins of the StarGreetz venture. In December, a Los Angeles state court judge granted a motion by plaintiff StarClipz in a trade secrets and breach of contract suit against StarGreetz to disqualify Orrick from representing the company.
Digital Marketing Under Attack
December 27, 2011
The convergence of media and technology continues to change the way we communicate, consume media and engage in commercial transactions. Marketers have been among the greatest digital media innovators and the medium has evolved as largely advertiser supported. That business model is under attack by consumer groups that argue that marketers are unfairly invading consumers' privacy and confusing consumers as to the nature and origin of commercial messages.
Internet Service Providers' Access to e-Mail Content Is Not an Invasion of Privacy
December 27, 2011
e-Mail and privacy are cornerstones of online commerce that successful e-commerce firms spend significant capital to operate properly, efficiently and legally. e-Commerce counsel should bear in mind, however, that the e-mail-content protection that some parties may enjoy against government and private access does not extend to certain entities that process e-mail.
Right-of-Publicity Claims and Advertiser Sponsored User-Generated Content Campaigns
December 27, 2011
This article concentrates on the scope of Communications Decency Act(CDA) immunity advertisers that operate user-generated content (UGC) campaigns may enjoy, limitations of the CDA in protecting against these claims and ways to structure UGC campaigns to minimize the risk of liability arising from unauthorized use of individuals' name, likeness and other personal attributes possibly included in UGC submitted as part of a sponsored UGC campaign.
