Canadian MP and Senator Champion Anti-Spam Bills
December 01, 2003
Two bills aimed at establishing strict national anti-spam legislation in Canada expired when the last session of Parliament ended in November without them being enacted, but the legislators who introduced the measures vowed to reintroduce the bills in the next session of Parliament, which is expected to begin Jan. 12, 2004. The bills, as drafted, would subject people who violate the laws to hefty fines, imprisonment, or both.
e-Commerce Sales Up in 3rd Quarter
December 01, 2003
From brick-and-mortar Wal-Marts to boutique e-commerce setups, U.S. e-tail sales were strong in the third quarter, most likely driven by news of increased national productivity and a rosier outlook for the economy.
Are Anti-Trust Laws About to Bite Europe on Its IP Assets?
December 01, 2003
In the Nov. 11 edition of <i>The Wall Street Journal</i>, Ian Harvey, chief executive of tech firm BTG plc, said "if the European Commission were looking for a way to cripple technological innovation in Europe, it could hardly have come up with a better proposal than its proposed rules on technology transfer." Indeed, that proposal will no longer govern merely patents and know-how, but also software-copyright licenses - a move that might very well have a big impact on a variety of e-commerce business models.
Developments of Note
December 01, 2003
Recent developments in e-commerce law and in the e-commerce industry.
Enron Versus Wall Street
December 01, 2003
In late September 2003, Enron Corp. and Enron North America Corp. sued more than 40 banks and financial institution defendants for knowingly participating with insiders of Enron in a "multi-year scheme to manipulate and misstate Enron's financial condition." Complaint at '1.
Guidelines for Director Decision Making in Chapter 11
December 01, 2003
Chapter 11 is designed to enable a company in financial distress to preserve its business as a going concern and maximize the distributable value to creditors. This may be accomplished through the debtor's rehabilitation of its business and restructuring of its balance sheet through a stand-alone plan of reorganization or through the sale of its assets or businesses pursuant to section 363 of the Bankruptcy Code (or a Chapter 11 plan). The best course of action to preserve the debtor as a going concern and maximize value is dependent on the facts and circumstances of the Chapter 11 case and the interests of the relevant stakeholders.
Confusion About Section 365(b)(2)(D)
December 01, 2003
It is generally understood that bankruptcy law requires debtors to cure all contractual defaults before assuming any executory contract because debtors would receive a windfall without such requirement: They could assume (and compel performance on) contracts that they had breached without paying any resulting damages claim. If such a result were permitted under the Code, failing companies would have even less incentive to continue performing on contracts pre-petition because they could presumably seek to assume those contracts in bankruptcy without penalty.
Is Used Better than New? Evaluating Trademark Use for Gray Goods, Diverted Goods and Altered Goods
December 01, 2003
Importers Inc. buys used HEAVY WEIGHT motorcycles in Japan and sells them in the United States. Heavy Weight Inc., the owner of the HEAVY WEIGHT trademark in the United States and Japan, seeks to enjoin their sale. Heavy Weight proves that the imported HEAVY WEIGHT motorcycles are materially different from their domestic counterparts because, among other things, they have smaller tires and a lower maximum speed. Although Importers Inc. includes a disclaimer at the point of sale, the court rules for Heavy Weight.
