Newsletters From the Stoel Rives Web Site http://www.stoel.com/showarticle.aspx?show=1232 en-us Copyright 2010, Stoel Rives clientservices@stoel.com http://blogs.law.harvard.edu/tech/rss 9/7/2010 11:37:38 PM http://www.stoel.com/showarticle.aspx?Show=6649 Cairo, Inc. v. Crossmedia Services, Inc., 2005 WL 756610 (N.D. Cal Apr. 1, 2005) There is a lot of controversy in computer law circles about the circumstances under which the user of a website is bound by provisions contained in the website's terms ... Mon, 03 May 2010 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=2085 U.S. cases are widely split on whether trademark-triggered banner ads or sponsored links constitute "use" under the federal trademark statute, whether this sort of usage creates likelihood of customer confusion, and whether the fair-use doctrine is applicable. ... Fri, 06 Oct 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1867 We have previously noted the risks of being hailed into foreign courts based on material posted on the Internet. See “Defamation on the Internet: Risks of Getting Hailed into Court in Distant Locations,” http://www.stoel.com/showarticle.aspx?Show=1848. ... Mon, 03 Apr 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1869 On March 30, 2006, a federal district court in New York held that the purchase of key‑word advertising triggered by a competitor’s trademark does not constitute “use in commerce” sufficient to support a federal trademark infringement claim. See Merck ... Mon, 03 Apr 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3385 It is generally unlawful to send any advertisement by facsimile without the express written consent of the recipient. See 47 USC § 227 and 47 CFR § 64.1200. A fax advertisement is defined as any fax message "advertising the commercial ... Mon, 06 Mar 2006 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1878 In Corbis Corp. v. Amazon.com, Inc., No. CV03-1415L, 2004 WL 3092244 (WD Wash Dec. 21, 2004), the court held that Amazon met the requirements for invoking the service-provider safe-harbor defense to infringement claims under the Digital Millennium Copyright ... Thu, 29 Dec 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1872 Joffe v. Acacia Mortgage Corporation, 2005 WL 2303700 (Ariz. Ct. App.) (September 20, 2005) Telephone Consumer Protection ActAcacia Mortgage Corporation ("Acacia") appealed from a trial court’s order that granted partial summary judgment in favor of ... Mon, 03 Oct 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3369 Joffe v. Acacia Mortgage Corporation, 2005 WL 2303700 (Ariz. Ct. App.) (September 20, 2005) Telephone Consumer Protection ActAcacia Mortgage Corporation ("Acacia") appealed from a trial court's order that granted partial summary judgment in favor of ... Sat, 01 Oct 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=3379 In the United States, we are used to expansive First Amendment protections that allow great latitude in expressing opinions and generally taking jabs at companies and individuals. Even if what you say turns out to be false and defamatory, in many situations ... Sat, 01 Oct 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1848 In the United States, we are used to expansive First Amendment protections that allow great latitude in expressing opinions and generally taking jabs at companies and individuals. Even if what you say turns out to be false and defamatory, in many situations ... Wed, 07 Sep 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1874 The Explorastore, L.L.C. v. California Science Center Foundation, 2005 WL 1502281 (D.Or.) (June 23, 2005) Personal JurisdictionThe U.S. District Court for the District of Oregon held that operating a non-advertising website is insufficient to meet the ... Thu, 28 Jul 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=831 I. INTRODUCTION II. GOVERNMENT REGULATION OF SPEECH ON THE INTERNET A. Background: The Traditional Rules for Broadcast and Print Media B. Uncertainty: The Rules for Cable Television C. The Internet Has Full ... Tue, 21 Jun 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1876 There is a lot of controversy in computer law circles about the circumstances under which the user of a website is bound by provisions contained in the website’s terms and conditions of use. Existing case law reflects inconsistent results, with the outcome ... Fri, 29 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1877 In Bridgeport Music, Inc. v. Dimension Films, 383 F3d 390 (6th Cir 2004), the court held that even if a sample portion of a song is “de minimis” and the resulting work is not substantially similar to the sample recording, there is still copyright infringement. ... Fri, 29 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1888 In case you haven’t heard, the European Union (EU) has extended its value-added tax (VAT) to cover e-commerce; that is, electronically supplied services to consumers located anywhere in the European Union. Is this a big development? You bet. First, ... Thu, 07 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1889 On July 1, 2004, the California Online Privacy Protection Act took effect. It requires that website operators who collect “personally identifiable information” from California residents comply with certain requirements, including posting a privacy policy ... Thu, 07 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1890 In July 2004, President Bush signed legislation passed by Congress in response to the growing problem of identity theft as more and more Americans use the Internet to shop and manage their personal finances. The Identity Theft Penalty Enhancement Act ... Thu, 07 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1891 On January 7, 2004, the European Commission (EC) issued new standard contract clauses that businesses can use to demonstrate compliance with the European Union (EU) Privacy Directive. The new clauses do not supersede earlier standard contract clauses ... Thu, 07 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1892 Effective January 1, 2005, California’s new direct marketing disclosure statute will impact all online sellers who collect or have collected, in connection with a business transaction, personal information from consumers residing in California. Such ... Thu, 07 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1879 Other than the Graham-Leach-Bliley Act (which only covers banks, insurance companies, and other “financial institutions,” broadly defined), and the Children’s Online Privacy Protection Act (which applies only to personal information collected from children ... Thu, 07 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1871 Bosley Medical Institute, Inc. v. Kremer, 403 F.3d 672 (9th Cir. Apr. 4, 2005) Dissatisfied with the hair restoration services provided to him by the Bosley Medical Institute, Inc., a customer started a website that was highly critical and utilized ... Fri, 01 Apr 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1181 ... Fri, 25 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=6647 ... Fri, 25 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1880 In a closely watched case concerning the Digital Millennium Copyright Act (DMCA), the U.S. Court of Appeals for the Federal Circuit recently affirmed a district court’s summary judgment ruling in favor of a manufacturer of a universal garage door opener ... Fri, 04 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1881 In a matter of first impression, the Utah Court of Appeals held that the exercise of personal jurisdiction over an out-of-state company that sent a single email was appropriate because the email represented sufficient contact within Utah. In Fenn v. ... Fri, 04 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1882 The global reach of the Internet raises the possibility that online activities can subject businesses to the jurisdiction of courts in far-flung places. The rules for Internet-based jurisdiction are still being spelled out by U.S. courts. The general ... Fri, 04 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1883 Can your company be held liable if an employee redistributes an electronic subscription within or outside of the company, in violation of your subscription agreement? You bet. A federal court in Maryland recently so held in a case in which an employee ... Fri, 04 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1884 California adopted a new law, effective July 1, 2003, that requires businesses to notify consumers whenever hackers gain access to a database containing credit card numbers, Social Security numbers, or other personal information of California consumers. ... Fri, 04 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1886 The debate over metatags and the trademark doctrine of “initial-interest confusion” continues. Initial-interest confusion occurs when use of another company’s trademark, or something confusingly similar to the trademark, leads a prospective purchaser ... Fri, 04 Feb 2005 00:00:00 GMT http://www.stoel.com/showarticle.aspx?Show=1887 Congress passed this law (commonly called “FACT”) in 2003, as an amendment to the Fair Credit Reporting Act of 1970, but its impact is just now filtering down to the business community. It contains two provisions of interest to online sellers: first, ... Fri, 04 Feb 2005 00:00:00 GMT