Drug Importation Task Force Completes Its Listening Sessions
June 01, 2004
Over the past few months, the Task Force on Drug Importation has held its so-called "listening sessions" with groups and individuals that would be impacted by drug importation, should it be legalized. At the meetings, U.S. Surgeon General Richard H. Carmona served as the chairman over a panel of representatives from the Department of Health and Human Services, as well as from other departments of the federal government with an interest in drug importation issues (see sidebar on page 5). The task force's members are being asked to offer recommendations to Health and Human Services' Secretary Tommy Thompson by December 2004 concerning how best to address key questions posed by Congress as part of the Medicare Prescription Drug Act, such as how drugs can safely be imported, what the impact of such imports would be on incentives to drug research and development, and how much the policing of imports would cost the government.
Pop-up Advertisement Litigation Strategies
June 01, 2004
Originally, e-commerce businesses relied on banner advertising that appeared on Internet sites when users visited. Next, e-commerce merchants found that unsolicited bulk e-mailing (a.k.a. spam) was more effective, because it could be sent to Internet e-mail users. Now, e-commerce professionals have found that "pop-up" ads are more effective still, because they can be sent to every Internet user. Pop-up ads are advertisements that spontaneously appear on a personal computer screen when an Internet user accesses the Internet. Currently there is no effective regulation of pop-up advertisements and until their actions are regulated, civil litigation is the most viable option to stop pop-ups advertisements from invading the privacy of unknowing and unwilling Internet users.
The RIAA's New Frontier
June 01, 2004
In response to the Verizon decision, the RIAA has turned to the use of "John/Jane Doe" lawsuits as the mechanism by which to identify file-sharing customers of ISPs and obtain judicial relief against copyright infringement. Since January, and continuing through the end of last month, the RIAA has filed hundreds of lawsuits against "Doe" defendants in federal district courts around the country.
Net News
June 01, 2004
Cases and news of interest in the Internet industry. This month: Feds Reject 'Do-Not-Spam' list ... and more!
Google Ogles More Permissive Ad Policy
June 01, 2004
The announcement in April by Google to revisit its Adwords trademark policy has already resulted in trademark litigation against the search engine giant in several countries. The decision by Google to allow third-party advertisers to purchase the rights to any keyword, even if those keywords are trademarks held by another, has become a hot topic for brand owners fearful of the potential business consequences.
A Primer on IP Insurance Options
June 01, 2004
In the last several years, a number of insurance companies including Chubb, AIG, InsureTrust (through Lloyd's of London), Venture Programs, Intellectual Property Risk Management ("IPRM"), and Litigation Risk Management, Inc. ("LRM") have begun offering insurance that pays costs associated with infringement of patents only, or infringement of some combination or all of patents, trademarks, trade dress, copyrights and trade secrets. For purposes of this article we will refer to these polices as "IP infringement policies." IP infringement policies vary by carrier and property covered. The following descriptions are necessarily general.
House Subcommittee Hears Testimony on Amendment to FTDA
June 01, 2004
In a potential step toward amending the Federal Trademark Dilution Act of 1995 (FTDA), codified at 15 U.S.C. §1125(c), the House Committee on Courts, the Internet and Intellectual Property held a hearing on April 20, 2004 to discuss the "Committee Print of a Bill to Amend the Federal Trademark Dilution Act." The draft legislation seeks to reverse the U.S. Supreme Court decision in <i>Moseley v. V Secret Catalogue, Inc.</i>, 537 U.S. 418 (2003) by providing that the FTDA requires proof of likely dilution, not actual dilution. It also adds a definition of the term "famous" to the Act, clarifies that the Act applies to both blurring and tarnishment of famous marks, and includes defenses intended to safeguard free speech.
Online: Learn How to File Electronically
June 01, 2004
For attorneys who wish to file electronically in the federal district courts, the Case Management — Electronic Case Filing ("CM/ECF") site at <i>www.ilnb.uscourts.gov/cmEcf/</i> is very helpful. Go to the site and click on "Requirements." There you will find both the minimum and recommended configurations for hardware and software for both IBM compatible and Macintosh computers.
Multiple-Currency Operation: Challenges and Advantages
June 01, 2004
With more U.S. law firms serving ' or becoming ' global enterprises, many readers will need to gain new fluency in dealing with foreign currencies and exchange-rate issues. Before you immerse yourself in technical details, here's a preview of some practical issues you may encounter and some business advantages you might seek.
