 |
|
IN THIS ISSUE |
|
|
QUICK LINKS |
|
|
|
UCLA instructors who allegedly ripped portions of copyrighted DVDs and uploaded them to the school intranet "performed" those works within the scope of their license and did not violate the DMCA.
Facebook may assert claims for fraud, aiding and abetting, CAN-SPAM Act and Computer Fraud and Abuse Act violations against advertising and marketing company which encouraged affiliates to create Facebook pages that re-directed unsuspecting users away from Facebook.com to third-party commercial sites.
The Anticybersquatting Consumer Protection Act (ACPA) only applies to the initial registration of a domain name, and therefore the statute does not prohibit an owner of a domain name from re-registering a domain name that is confusingly similar to another's known mark.
Operators of website that facilitates commercial transactions among its member companies cannot be subjected to jurisdiction, consistent with due process, in an out-of-state forum merely due to the amount of business that forum members transact on site.
A Michigan statute that restricts the transmission of unsolicited commercial e-mail does not limit violations to falsity and deception, so claims brought under it are preempted by the federal CAN-SPAM Act.
|
|
|
|
|
|
|
Information Access Involving Employees and Independent Contractors |
|
|
|
An employee's use of her personal computer to delete emails on her employer's computer servers may support an unauthorized access claim under the Computer Fraud and Abuse Act. Read More >
An individual who conducted social media and online outreach for a group of online marketing companies must return access credentials for the group's online accounts and websites prior to the resolution of the group's conversion lawsuit against her. Read More >
|
|
|
|
|
|
|
|
 Using Third Party Trademarks in Search Engine MarketingWhat are the risks?
In today's competitive environment, getting noticed on the Internet, and in particular, on search engines, is essential. Trademark issues arise in sponsored links and natural search settings, albeit in different ways.
1. Pay-Per-Click (Sponsored Links). In PPC advertising (such as Google Adwords), there are circumstances in which a company may bid on another company's trademark without infringing. An example is where a trademarked product is lawfully sold on the bidding company's website. In contrast, where a third-party mark bears no relation to the contents on the PPC bidder's site or is otherwise used to attract attention that should rightfully go to the third-party brand owner, its use may be actionable as falsely implying sponsorship, affiliation or endorsement.
2. Natural Search Results. A common method of search engine optimization involves the use of "metatags", hidden text on a web page which is identified by search engines but not visible to the naked eye. Where third-party trademarks are used in metatags, as in the case of paid links, a key issue in determining liability is the specific language that appears in the search result. Where the language in an organic search result would cause a reasonable consumer to believe it is clicking on the link of one company, but it winds up on the page of a competitor or unrelated business, the doctrine of "initial interest confusion" may form the basis of a trademark infringement lawsuit.
 Alleged Manipulation of Rankings by Search Engines
Yelp! again cleared of ad rank liability
According the Northern District of California, the protection for interactive computer services under the Communications Decency Act (CDA) against claims that seek to treat them as the publisher or speaker of user-generated content does not depend on the motive underlying the service's performance of traditional editorial functions, parting ways with a contrary ruling issued by a different judge earlier in the case. Read More >
 Linking Practices
Can they go too far?
Businesses may feel a loss of control when faced with deep or in-line links that may appear to copy material from their sites. This prompts some to ask whether or where linking practices cross the line from a central component of the Internet to an actionable tort. While certain forms of links may be actionable, much of the linking that takes place online is not. A content link (also known as a "deep link") connects a visitor directly directly to specific material posted beyond the homepage, in some cases to more desirable material that may have been posted solely as an inducement for people to review promotional information or advertisements on the homepage. Unless restricted by an enforceable contract or license or likely to cause confusion under the Lanham Act, a content link is not per se actionable. Links to live performances, on the other hand, are an example of circumstances in which linking can more commonly form the basis for liability for copyright infringement. In other cases in which linking may be found to constitute copyright infringement, entities that qualify as "Service Providers" under the DMCA may be able to limit their liability for damages and attorneys' fees for links established to infringing sites.
|
|
|
|
* DISCLAIMER: This newsletter is for informational purposes only and is not intended as a substitute for legal advice. Authorities and opinions are time-sensitive, fact and jurisdiction-dependent and should not be relied upon absent independent evaluation by a licensed attorney. The author, Kavon Adli, Esq., assumes no liability for the contents of this newsletter except where specifically referenced and applied by one or more TILGTM attorneys during the course and scope of a formal engagement. This newsletter was prepared in the State of California pursuant to the Rules of Professional Responsibility of the State Bar of California. Firm attorneys are not certified legal specialists in Internet law, nor is such a program offered by the State Bar or local bar association as of the original publication date of this newsletter.
or call us at (310) 910-1496.
|
|
