IP News
April 01, 2004
Highlights of the latest intellectual property news and cases from around the country.
Supreme Court Will Decide Whether Fair Use Defense Survives a Showing of Likely Confusion
April 01, 2004
On Jan. 9, 2003, the U.S. Supreme Court granted certiorari to decide whether a fair use defense to trademark infringement can trump a finding of likely confusion. <i>KP Permanent Make-Up, Inc. v. Lasting Impression I, Inc.</i>, 328 F.3d 1061 (9th Cir. 2003), <i>cert. granted</i>, 124 S. Ct. 981 (2004). The decision to grant certiorari in this case is especially interesting in light of other recent cases also from the Ninth Circuit in which certiorari was denied.
News Briefs
April 01, 2004
Highlights of the latest franchising news from around the country.
Personal Jurisdiction, the Internet and the Marx Brothers: Is There Life After <i>Zippo</i>?
April 01, 2004
Despite some suggestions to the contrary, the rise of the Internet as a business tool does not portend the end of limits on personal jurisdiction. The cyber-sky is not falling. Rather, the courts are finding that the Internet merely provides another vehicle (albeit an electronic one) through which a party may purposely avail itself of the privilege of conducting business in a foreign state and thus subject itself to jurisdiction in that state. In some recent cases, the federal courts have analyzed the characteristics of this relatively new and expanding technology under the Supreme Court's existing personal jurisdiction precedent. Instead of changing the personal jurisdiction standard, which is grounded in the Constitution, the courts have applied the existing personal jurisdiction standards to Internet activities.
Cases of Note
April 01, 2004
CA Court of Appeals Decision on DeCSS A Setback to Movie Industry Striking a blow to the movie industry, a California Court of Appeals has reversed a preliminary…
Net News
April 01, 2004
British Music Industry Takes Aim at Net Song Swappers The British music industry recently announced plans to issue legal warnings to the nation's most…
Can Screen Shot Use Create Libel?
April 01, 2004
A Philadelphia company is suing the <i>New York Times</i> for libel by claiming that the newspaper harmed its reputation by using an image from the company's Internet site.
CAN SPAM Act Not Up To Snuff
April 01, 2004
I'm sure by now you've noticed the difference. Your in-boxes are no longer cluttered with e-mails telling them about inexpensive sources for Viagra, Vicodin or Valium. Since the beginning of the year, you haven't seen an e-mail about online gambling, pornography or fabulous real estate deals. In short, in-boxes are now spam-free. If this seems like a pipe dream, that's because it is. Unfortunately, the reality of living with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the CAN SPAM Act) is quite different. While the Act only went into effect at the beginning of 2004, many are already suggesting that it may be time to can it.
Depreciating Assets Online
April 01, 2004
The Internet may be destroying your most valuable asset ' whether you know it or not. Day in, day out, your reputation and brand image may be deteriorating, simply by being part of the Net's price-cutting bazaar. This depreciation occurs when online resellers aggressively promote discounts on branded products ' without the brand owner's consent or awareness. It's a problem for your company because brand image may have no meaning in a world dominated by advertisements touting the lowest prices or discount merchandise.
