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e-Commerce Docket Sheet
Court Vacates Injunction Against Using Trade Name
A commercial party's frequent use of a competitor's trade name in its Web pages qualifies as a 'nominative fair use' if the references are not gratuitous and are used to convey information about the competitor. J.K. Harris & Co., LLC v. Kassel, No. 02-0400 (N.D. Cal. Mar. 28, 2003). The district court vacated a portion of an earlier ruling that preliminarily enjoined the defendant from 'using more of Plaintiff's trade name than is reasonably necessary to identify that it is Plaintiff's services being described.' The court modified its analysis to make clear that even frequent and obvious use of a competitor's name on a party's Web pages can be a fair use if done for a legitimate purpose such as criticism ' even if such use affects search engine results.
Use of Web Site “Scraping” Software Enjoined
A company's “web automation” software that collects flight and fare information from an airline's Web site without the airline's consent constitutes a trespass and violates the terms and conditions associated with the Web site. American Airlines, Inc. v. Farechase, Inc., No. 067-194022-02 (Tex. Dist Ct. Tarrant Cty. 67th Dist.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.