The Second Circuit's recent decision in Rescuecom Corp. v. Google, Inc. is but one more step in a long-standing battle that's likely to continue for some time; it's been five years already, and the court merely ruled on a technicality that allows the case to run longer still. Most Google users and advertisers are blissfully unaware of what's going on, and even many involved in Internet commerce don't understand the implications.
In the movie Field of Dreams, a mysterious voice assures the protagonist, a down-on-his-luck city-boy-turned-farmer named Ray played by Kevin Costner, that "if you build it, they will come." Today, however, in an age of instant, digital entertainment, curators of museums and historical sites must also wonder if anyone "will come" to their static displays to visit and donate ' and what will happen if they don't.
All about creating a profile that works.
In one of its more insidious forms, recommendation marketing can involve a marketer paying Internet users to post disingenuous positive product reviews at online retailers' sites, also called astroturfing, in which advertisers or their agents pretend to be unaffiliated consumers, and spread misleading or false information to advance the advertiser's objectives.
What information should be used to decide a case ' only that offered by the opposing sides? If independent legal research is permissible, just how much is too much? These questions, which are being asked in the realms of medical malpractice, criminal and other types of cases, have become more imperative in the last few years.
Pfaff v. Wells Elecs., Inc. is widely recognized as a milestone in the annals of patent law for providing direction as to how courts are to analyze and apply the statutory "on-sale" bar to the granting of patents. This article explores how the Federal Circuit has applied Pfaff in more recent cases.
An integrated blog added to your online presence is certainly a consideration for any lawyer today looking to market his or her practice and/or firm. There are a handful of reasons why ' and why not ' to launch a blog.
Our Incisive Media affiliate, New Jersey Law Journal, published the following commentary on the New Jersey legislature's attempt to react to the "sexting" issue by making Web site operators liable for what users write.
As obvious as this distaste for lawsuits may be to anyone who has ever been deposed, it nonetheless is often critical for businesses, and particularly technology firms, not only to be prepared to go (metaphorically) to war in the battlefield of the courtroom, but to actually take that step.
In the movies, it seems that monsters are always up to no good ' making mayhem or setting fires. But in a federal court in Philadelphia recently, a couple dozen movie monsters made some important new law and set a few significant precedents in the area of copyrights and trademarks that may help to define the doctrine of fair use for years to come.
