Bringing Spammers To Justice
November 29, 2004
When initiating a private action against a spammer, the first issue the plaintiff must grapple with is jurisdiction. If a recipient of spam is located in the same state as the spam sender, for instance, ordinary private-action rules apply. <br>But the problem there is that many would-be defendants reside outside the state where the spam recipient resides, and long-arm jurisdiction must be employed.
How Safe Is The Store?
November 29, 2004
Given the now-common nature of e-commerce, new challenges face traditional firms and e-only businesses regarding adequate protection of the companies' computer systems, data and Web sites. These challenges are somewhat similar to those faced by a traditional retail business, but extend beyond those boundaries because of the Internet. For an e-business, a comprehensive disaster-recovery plan, including proper protection of computer systems and data, is critical to the success of the enterprise, and essential for daily operation.
Developments of Note
November 29, 2004
Recent developments in e-commerce law and in the e-commerce industry.
Tax and Retirement Planning
November 29, 2004
The 2004 American Jobs Creation Act (AJCA) creates several tax breaks for businesses and made some other significant changes. This article highlights the more prominent provisions of the AJCA that affect businesses and individual taxpayers generally, and that to some extent have specific impact on law firms and other professional service providers.
The Tangled Web
November 22, 2004
Your marketing specialist approaches you with a great idea for Internet advertising ' purchasing trademarks of your company's competitors and for complimentary products as keywords to match Internet users conducting searches in your product category to an advertisement for your company. Do you advise your company to purchase third-party trademarks as keywords? How have the courts dealt with this scenario? How can you reduce risks associated with purchasing third party trademarks as keywords? What are the international implications? This article addresses these issues.
Everything But the Kitchen Sink
November 22, 2004
You've just pulled a steaming pepperoni pizza from the oven and open a kitchen drawer to look for the right tool. Will any tool do? They're all kitchen…
Problems Proving Infringement of Method Claims
November 09, 2004
The patent applicant can act pre-emptively, even pending further development of legal doctrines specific to infringement of business and network-related methods, to draft and prosecute claims that will "catch" infringing activity at as many conceivable loci along the network as possible, and thwart competitors' ability to readily avoid infringement by parsing method steps creatively.
Editor's Note
November 09, 2004
A welcome to the Special Issue on Internet jurisdiction from the Managing Editor.
