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Technology Media and Telecom

  • The use of new technology makes peoples' efforts to keep Internet behavior private more difficult, has given rise to renewed claims from consumers of unlawful intrusiveness by Internet data-collectors, and has revived the argument that such behavior unlawfully violates privacy expectations.

    March 29, 2011Jonathan Bick and Elan Raffel
  • When the White House's intellectual-property enforcement coordinator, Victoria Espinel, submitted a wish list to Congress in March recommending 20 changes to federal intellectual property law largely aimed at ramping up criminal punishment for IP infringement, IP lawyers said the white paper recommendations would likely have only a tenuous effect, if any, on civil IP litigation or patent prosecution.

    March 29, 2011Zack Needles
  • Fourth-quarter 2010 estimated U.S. retailing rose 3.6% over the third quarter, the Census Bureau reports, as consumer confidence rose through the Christmas season on a wave of slightly rising employment.

    March 29, 2011Michael Lear-Olimpi
  • The federal government roared into March like a lion on online advertising, privacy and data'security practices, but hardly left like a lamb.

    March 29, 2011Alan L. Friel
  • Congress passed the Restore Online Shoppers' Confidence Act ("ROSCA") to great public acclaim late last year. But was the new law necessary? Dictionary.com defines restore in several parts, but all refer to bringing back something "lost" or "dead." Looking at recent online business statistics, though, how can anyone reasonably believe that online shopping was "lost" or "dead," much less in need of the "restoration" desired by the new law's authors?

    March 29, 2011Stanley P. Jaskiewicz
  • In cyberspace, the activities of ostensible rogue Web sites ' many attacking U.S. commercial interests or preying on our citizens in a variety of endeavors ' include copyright infringement, illegal gambling and pornography, to name a few. Web site domain seizures may be the 21st-century digital equivalent of 20th-Century gang busting police raids on the haunts of criminal organizations. In place of the remnants of destroyed contraband, a subsequent visitor to these targeted Web sites may instead confront a message left by court order, declaring that the site has been "taken down" for certain illegal activities.

    February 28, 2011Peter A. Crusco
  • Celebrities have often used claims of unfair competition by false association or false endorsement under '43(a) of the federal Lanham Act as a basis for recourse against the unauthorized use of aspects of their identities and personas. The potency of a celebrity association claim was recently reinforced in the U.S. District Court for the District of Nevada.

    February 28, 2011Barry E. Mallen and Paul Bost