Franchise Industry Must Tackle Privacy
April 28, 2006
Consumers are growing more sensitive about the privacy of their financial information, and franchisors are no different than other businesses needing to become more attentive to protecting customer data. 'Information privacy and security is one of the most fast-paced and constantly changing areas of the law today,' stated Kirk Nahra, chair, Wiley Rein & Fielding's privacy practice, in a conference call on April 20, targeted specifically to the privacy challenges that franchises face.
Is 'No Use' Always a 'Fair Use'?
April 28, 2006
In order to avoid liability for trademark infringement relating to the sale of keywords corresponding to trademarks, search engines, including Google, are attacking the concept that trademark owners should be able to protect the 'commercial magnetism' of their marks. Recently, in <i>Rescue.com v. Google, Inc.</i>, No. 5:04-CV-1056 (N.D.N.Y.), Google argued that the trademark laws 'are not meant to protect consumer good will [sic] created through extensive, skillful, and costly advertising.' Google's Reply Brief at 4 n.4 (2005) (citing <i>Smith v. Chanel, Inc.</i>, 402 F.2d 562, 566 (9th Cir. 1968)).
A Tale Of 'He Said, e-Said'
April 28, 2006
Do e-commerce clients really understand when they cross the imaginary boundary where the law stops and the ambiguity begins? In other words, do lawyer and client realize what each knows ' or thinks he or she knows ' about Internet law, on the one hand, and the realities of online business, on the other hand? Do clients realize how much lawyers don't know about e-commerce law and business, and how much law hasn't yet been developed?
Surveys in Patent Infringement Litigation: The Next Frontier
April 28, 2006
Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
Net News
April 27, 2006
European Music Industry Files 2000 Lawsuits in 10 Countries<br>Online Ad Revenue Grows For Third Year in a Row<br>Arkansas Judge Approves Google Settlement<br>NY Attorney General Sues Major 'Spyware' Internet Company
Netflix Screens Patent Controversy
April 27, 2006
The patent dispute between online DVD rental rivals Netflix Inc. and Blockbuster Inc. not only pits two big-name competitors against each other, but it also highlights the ongoing debate over Internet business-method patents.
Jury Hits Merck With $9M in Punitives
April 27, 2006
On April 11, a jury in Atlantic City, NJ, ordered Merck & Co. to pay $9 million in punitive damages to a user of Vioxx, finding the drug maker knowingly withheld data from federal regulators about the painkiller's cardiovascular risks. Merck withdrew Vioxx from the market in 2004 when a study showed it doubled heart attack risk after 18 months of use. The Atlantic City trial was the first involving plaintiffs who had used Vioxx longer than that period of time.
The MLF 50/II
April 27, 2006
Once again, our readership has requested that we launch a listing of The Top 50 Small to Mid-Size Law Firms in Marketing and Communications. I'm a big believer that many smaller firms can 'do more with less' in terms of marketing dollars. I've seen very inventive and forward thinking marketing strategies come out of some of smaller to mid-size firms, and so for that reason and many others, here is an opportunity for those firms to showcase their marketing and communications strategies. This listing will bring to bear all the achievements of these firms. My hope is that as many firms as are eligible will submit essays so that the listing will showcase these worthy firms.
The Rich Are Different
April 27, 2006
A clash of attitudes colors the current debate over the extent to which the Sarbanes-Oxley Act of 2002 (SOX) should apply to small public companies. The most visible argument is that small companies should not have to shoulder the same compliance burdens as large companies do, simply because they can't afford to. But that premise is being challenged by studies, derided by a number of commentators, and viewed with public skepticism even by some SEC Commissioners. It assumes that were money no object, small and large companies should be regulated the same. If that assumption is true, then any argument for relaxed compliance that hinges on expense is vulnerable. Cost seldom satisfies as a reason for not doing something that ought otherwise be done. However, it is wrong to assume that the main difference between small and large companies is how much money they have. Large and small companies play very different roles in the national economy and in the minds of investors. The very large companies really are different than their smaller brethren, and not just because they have more money.
