The Unseemly Web of Keyword Advertising
May 29, 2009
Despite the surface simplicity of keyword advertising disputes (typically entailing unwanted use of the exact trademark of a direct competitor promoting competing goods or services) the web the courts have spun addressing such Web-based advertising has been anything but. Fortunately, the Second Circuit's April 3 decision in <i>Rescuecom Corp. v. Google, Inc.</i>(on the one-year anniversary of oral argument), straightens at least some of the tangled seams by recognizing that keyword ads tied to a trademark do constitute a use in commerce of the subject mark.
Net News
May 29, 2009
Houston Blogger Jailed in Anna Nicole Suit<br>Judge Delays Craigslist Case
Assessing Challenge To Damages in File-Sharing Litigation
May 29, 2009
The recording industry estimates that music piracy has cost it billions of dollars during the past 15 years. Facing the potential for an industry-wide collapse, the Recording Industry Association of America (RIAA) undertook its aggressive litigation campaign to protect itself and its constituents from copyright infringement by suing individual file sharers. After fighting a public relations battle over some of its tactics, the RIAA has chosen to temper its aggressiveness. The RIAA is instead forming relationships with ISPs that maintain the online accounts of the consumers.
CAN-SPAM Preempts California Spam Law
May 29, 2009
A Los Angeles judge, ruling on a case of first impression, has found that the federal CAN-SPAM Act preempts a California law designed to curb false and misleading commercial e-mails.
How Blogging Affects Legal Proceedings
May 29, 2009
Technology has entered the jury box. While the press has long reported on pending trials, bloggers ' or so-called "citizen journalists," some sitting in juries ' have increasingly posted commentary about judicial proceedings. Yet recent events suggest that blog posts and other electronic communications by jurors about ongoing trials can potentially disrupt the integrity of the proceedings.
e-Commerce Activity Makes Gains, Though Still Down Since Economy Crunch
May 28, 2009
Rock-solid numbers on economic activity are tough to come by, but if the U.S. Census Bureau's preliminary estimates of retail e-commerce sales can be considered the closest thing to rock-solid numbers, then the nation's economy may be starting the long recovery economists said would come.
Social Media Policies
May 28, 2009
Being engaged in social networks has enormous value for your firm. Achieving those benefits, however, requires participation by members of your firm. Best practices can be applied firm-wide that help achieve your business goals and protect the firm. For starters, that means understanding the legal ramifications of online engagement and the fuzzier, but no less important, implications of the use of the virtual microphone or TV station to enhance your firm's reputation. The first thing you must do is create a social media policy ' or modify an existing policy that is free and available for you to borrow.
Ruling Against Contextual Ads Helps to Codify Trademark Use in Commerce
May 28, 2009
While contextual advertising is well accepted in bricks-and-mortar businesses and in traditional publications, it is controversial on the Internet. Courts have not worked out whether (and if so, how) an advertiser may use a competitor's trademark to trigger banner ads or sponsored links displayed along with search results.
Technology in Marketing: Where to Invest Your Marketing Technology Dollars
May 28, 2009
Law firms have realized that using technology ' particularly the Internet ' is a powerful tool for creating a more level playing field to enhance their images, expand their visibility in targeted markets and drive business to their firms. However, with so many competing interests for limited marketing dollars, where should you invest your firm's resources to get the most bang for the buck?
