Typosquatting and the Duty to Police Infringing Trademarks: Initial Interest Confusion and 'Post-Initial Confusion'
May 26, 2005
You are the owner of KibbleSoft, the widely used fuzzy-logic retail management software package for pet food distributors. Understanding the value of the KibbleSoft brand, you have registered the trademark and carefully policed against infringers for a number of years. And having early grasped the importance of the Internet for promoting your brand, you were also a step ahead of the cybersquatters and acquired the <i>kibblesoft.com</i> domain in 1996. Much of your business now runs through your heavy-trafficked Web site at <i>www.kibblesoft.com.</i>
Can Bonded Shopping Boost e-Commerce?
May 26, 2005
Because e-commerce lacks face-to-face interaction, and online transactions are often completed without any communication between the buyer and seller, there always exists a margin of risk with respect to payment security, data protection and transaction fraud. Specifically, e-commerce has provided a feeding ground for many a fraud perpetuator looking to scam anywhere from a few bucks to millions of dollars from unknowing consumers. Although attorneys, particularly those reading this publication, perform due diligence helping to avoid such problems, unfortunately some attorneys are busy trying to undo some problems created in the course of e-commerce.
Have You Inherited A Deceased Employee's e-Mail?
May 26, 2005
Clearly, if an employer possesses the desired e-mails because the employer saved a copy of each e-mail sent to it, or because it owned its employee's computer within which the desired e-mails reside, then it would also own the e-mail. But the more problematic facts include what would happen if the employer didn't possess the desired e-mails.
Use Escape Clauses For Tech Contracts
May 26, 2005
Lawyers and businesspeople are like most people who read things they must or are interested in: They read the exciting parts first ' and that includes contracts. Everyone is interested in the money, and what they will get from the deal. <br>But what about what might be considered the marginalia, the add-ons ' or what some people might think of as those categories ' the escape clauses of the contract? Well, you can bet that no one reads the term and termination sections first. These "quiet" clauses are usually hidden, well in the back of a contract, with the boilerplate and signatures.
Slain Soldier's e-Mail Spurs Legal Debate
May 26, 2005
The recent release of a dead soldier's e-mail account to his parents in Michigan has sparked a new debate over personal data: Who owns your e-mail when you die?
Internet Law and Charities
May 25, 2005
Historically, states, not the federal government, have been responsible for regulating charities. State regulation is designed to protect consumers from fraud and abuse. The federal government's role is generally limited to providing tax incentives that inure to the benefit of valid charities.
Net News
May 25, 2005
Recent developments of note in the Internet industry. This month:<br>MPAA Targets TV Download Sites <br>Yahoo Sued over Child Porn Site <br>Star Wars' Sith Victim of Internet Sieve<br>Microsoft, Massachusetts Target Spammers in Lawsuit <br>2004 Internet Ad Rev Surpasses Dot-com Boom Levels
Canada Strikes at Spam
May 25, 2005
Canada's national spam task force delivered its report on May 17 to Industry Minister David Emerson. <i>Internet Law & Strategy</i> Board of Editors member Michael Geist was a member of the task force and served as the co-chair of the law and regulatory working group. This article discusses the task force's report, recommendations and impact.
