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Suit Sheds Light on e-Commerce Fraud
A New Jersey online ad agency claims in a suit filed in federal court in Newark that it was defrauded by artificially generated Web traffic on a company's website, an issue e-commerce attorneys said is “extremely prevalent,” but rarely litigated.
In Congoo v. Sell It Social, Congoo LLC, trading as Adiant, is seeking to rescind a one-year contract it signed with Sell It Social, a New York company operating an e-commerce website called Rebel Circus, which sells novelty T-shirts and coffee mugs. Adiant claims Sell It Social is charging it $300,000 in fees based on Web traffic counts on the Rebel Circus site that are largely generated by “click farms” or other artificial means.
Adiant concluded that the Rebel Circus site has a “substantial presence” of “fraudulent visitors” based on a count of five clicks per hour on a blank space that the ad agency posted in lieu of advertising, the suit says. Adiant's ads generate 17 clicks per hour from visitors to the Rebel Circus site, according to the complaint. A “click conversion analysis” showing a statistically low purchase rate further indicates the presence of fraudulent visitors, the suit claims.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?