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.
Authentication of Social Media Evidence
December 21, 2011
More and more, parties are attempting to introduce social networking communications into evidence. Beyond other admissibility obstacles, such as hearsay or relevance, a piece of evidence must satisfy Fed. R. Evid. 901 (or the state equivalent), which applies in both civil and criminal proceedings, and mandates that the material offered is "authentic," or what the proponent claims it to be.
.XXX General Availability Period: A Green Light to Block Red Light Domain Names
December 21, 2011
Now is the time for trademark, domain name and brand owners to purchase .XXX domains to pro-actively 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. In the event that yours wasn't the first hand to pull the trigger in the .XXX domain name shoot 'em up, what are the ramifications of having your mark incorporated into an active .XXX domain?
New Regulations Will Enhance Disclosure for Your Pension Plans
December 19, 2011
After years of study, thousands of hours of congressional testimony, hundreds of hearings and uncountable public comments, the Department of Labor issued Reg 408(b)2 and 404(a), designed to force better disclosure. With this better information, it is hoped that both plan providers and participants will make better decisions, leading to improved retirement preparation for America's workers.
