Recourse Strategies In the New Age of .XXX Domain Names
February 01, 2012
As the dust settled following the close of Landrush, however, the last (and potentially most contentious) leg of the launch commenced. General availability began on Dec. 6, and .XXX domains are being allocated on a first come basis. Now is the time for trademark, domain name and brand owners to purchase .XXX domains to proactively race to stake a claim in their brand if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. It's a showdown at the .XXX corral.
Misrepresentation Claim over Song in DVD Is Dismissed
February 01, 2012
The U.S. District Court for the Eastern District of Missouri dismissed an unusual "misrepresentation-by-implication" claim brought under the Lanham Act. In the case, the plaintiffs' composition "I Am the Greatest" had been included in the defendants' DVD AND1' Mixtape' X.
Technology Can Cap Internet Facilitators' Liability
February 01, 2012
Advances in Internet technology have increased facilitators' capacity to ameliorate Internet bad acts automatically. Failure to employ such technology may result in more liability for Internet facilitators for preventing bad acts online.
UGC Campaigns and Right of Publicity
February 01, 2012
It is rights-of-publicity claims, because they are treated as property rather than as personal rights, and not other types of privacy claims, which are merely personal, that some courts have excluded from Communications Decency Act (CDA) immunity as a form of intellectual property.
An e-Cheapskate's Guide to Contracts
February 01, 2012
When confronted by contract after contract, day after day, which ones should an e-commerce executive actually read, so that she can spend some time running the business requiring all those contracts, and maybe even make some money?
The Balance Sheet
February 01, 2012
This article is the second installment in an ongoing series focusing on accounting and financial matters for corporate counsel.
e-Discovery Evolved: 2011 DIY Discovery Trends
February 01, 2012
By now, most corporations and law firms understand the complexities and realities of eDiscovery, and many organizations are re-examining their e-discovery processes and tools to gain efficiencies and reduce costs across the Electronic Data Reference Model (EDRM). With more options than ever before, litigation support professionals, lawyers and IT staff are grappling with these questions: Can my organization better manage costs and increase control over discovery by bringing e-discovery tools in-house or in-firm? Which components of the…