Markmatching: A Legal Primer On Using Trademarks For Contextual Advertising
February 24, 2005
Consider this tempting business scenario: Your e-commerce marketing manager has a new, and effective, method to drive traffic to the company Web site ' purchase your competitors' trademarks as keywords to match Internet users' searches to a "sponsor" listing for your company. The sweet spot of the proposal is that as a sponsor, your listing will appear before all other relevant search results. That will give your company an advantage over competitors. <br>So, do you tell your manager to purchase third-party trademarks as keywords? And how have the courts dealt with this situation in this country and abroad? Most important in advising e-commerce clients, though, is this consideration: How can you reduce risks associated with buying third-party trademarks as keywords?
The Tax Collector e-Cometh?
February 24, 2005
Collecting taxes from remote sellers has long plagued tax collectors ' in fact, since well before e-commerce of any kind came onto the scene. On the seller side, everyone ' catalog and mail-order merchants, as well as e-commerce sites ' would all welcome relief from managing the rules of more than 7,500 taxing jurisdictions. <br>Many years ago, the U.S. Supreme Court blocked states from requiring sellers to collect and turn over sales tax, unless the seller has sufficient in-state presence. But e-commerce has called new and very visible attention to the problem.
In the Spotlight: Internet Technologies Meet HVAC Components
February 24, 2005
Internet technologies are poised to revolutionize the heating, ventilation and air conditioning industry by enabling HVAC components to communicate not only with each other but with other building systems controls as well, and even with the enterprise business systems that have become essential to running large corporations, nonprofits and agencies.
Court Watch
January 28, 2005
Highlights of the latest franchising cases from around the country.
Your Future: Is There A Merger There? Are You Going To Follow The Lemmings Or Set Your Own Course?
January 28, 2005
A recent article in the <i>National Law Journal</i> piqued my attention. It hit on a point that many middle market firms must consider too often. The article in the Jan. 10, 2005 issue is titled "Mergers? Not Here Thanks." Many firms not listed as mega-firms are asking the same questions ' should we take an offer to merge with a larger firm? Here are some questions every partner and firm should ask before considering combining with any other firm.
e-Discovery Tags Along As Matrimonial Lawyers Go Online
January 28, 2005
The Internet has been recognized by matrimonial attorneys as promoting a variety of goals. But matrimonial attorneys may not be aware of the unique issues that arise when they need to have the data and information they collect online presented as evidence.
Bit Parts
January 28, 2005
Recent developments in entertainment law.
Raising the Stakes in Copyright Litigation: The Availability of Punitive Damages
January 28, 2005
Many practitioners likely assume that the sole monetary remedies under the Copyright Act are those specified in Sec, 504 of the statute, namely the copyright owner's provable losses and/or the infringer's profits, or, alternatively, statutory damages (which, by statutory formula, include possible stepped-up awards in cases of willful infringement). It was thus with some significance, and perhaps surprise, that in <i>Blanch v. Koons</i>, a slender decision of only seven paragraphs, a federal district judge in New York rendered a decision that granted a motion to amend the complaint in a copyright case to allow the plaintiff to seek punitive damages (not simply enhanced statutory damages).
