U.S. Court of Appeals Prohibits Al Jardine From Using "Beach Boys" Trademark U.S. Court of Appeals Prohibits Al Jardine From Using "Beach Boys" Trademark

Litigation
February 13, 2003February 13, 20032015-07-08
On January 28, 2003, the U.S. Court of Appeals (9th Circuit) released its decision in a trademark infringement case regarding Al Jardine's use of the name "Beach Boys". The dispute in Brother Records v. Jardine arose when Jardine began touring with his own band under various names that used the "Beach Boys" trademark. Brother Records Inc. ("BRI"), which had been formed by members of the band to hold and administer the intellectual property rights for the Beach Boys, commenced a trademark infringement action alleging that Jardine had used the trademark without a license. Jardine counterclaimed, alleging that the company had breached a lifetime employment and license agreement.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-prohibits-al-jardine-from-using-beach-boys-trademark

CIRA to Stop Reserving dot.ca Names of Canadian Municipalities CIRA to Stop Reserving dot.ca Names of Canadian Municipalities

Domain Names
February 13, 2003February 13, 20032015-07-08
The Canadian Internet Registration Authority (CIRA) has announced that it will no longer reserve dot.ca Internet domain names of Canadian municipalities.
Deeth Williams Wall https://www.dww.com/articles/cira-to-stop-reserving-dotca-names-of-canadian-municipalities

U.S. Court of Appeals Upholds Injunction Against Website Scraper Tools U.S. Court of Appeals Upholds Injunction Against Website Scraper Tools

Litigation
February 13, 2003February 13, 20032015-07-08
In EF Cultural Travel v. Zefer Corporation, the U.S. Court of Appeals (1st Circuit) affirmed the District Court's preliminary injunction prohibiting the Zefer Corporation ("Zefer") from using a "scraper tool" to collect pricing information from EF Cultural Travel BV's ("EF") website. In an earlier decision, the Appeals Court upheld the injunction against co-defendant Explorica Inc. ("Explorica").
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-upholds-injunction-against-website-scraper-tools

Appeals Court Finds for Rambus Against Infineon in Patent Case Appeals Court Finds for Rambus Against Infineon in Patent Case

Patents
February 13, 2003February 13, 20032015-07-08
On January 29, the U.S. Court of Appeals for the Federal Circuit overturned a decision of a District Court that Infineon (a group of related companies) did not infringe four of Rambus Inc.'s patents. The Court revised the claim construction performed by the District court judge and remanded the case for further consideration under the revised construction.
Deeth Williams Wall https://www.dww.com/articles/appeals-court-finds-for-rambus-against-infineon-patent-case

"Purposeful Availment" Needed for Online Jurisdiction "Purposeful Availment" Needed for Online Jurisdiction

Technology Contracting
January 30, 2003January 30, 20032015-07-08
The U.S. Court of Appeals (3rd Circuit) recently considered the test for Internet jurisdiction in a trade-mark dispute in Toys "R" Us v. Step Two SA. Toys "R" Us had acquired a number of U.S.-registered IMAGINARIUM marks and was using them in its stores and on the website imaginarium.com. Step Two operates a chain of toy stores in Spain under the name "Imaginarium" and had registered the mark IMAGINARIUM in Spain. Since 1996, Step Two also operated a website using the domain imaginarium.es, advertising merchandise available in its stores. In February 2001, the New Jersey-based Toys "R" Us sued Step Two, a Spanish company, for infringement and unfair competition in its use of IMAGINARIUM.
Deeth Williams Wall https://www.dww.com/articles/purposeful-availment-needed-for-online-jurisdiction

CRTC Issues Statement on Internet Retransmission of TV & Radio Signals CRTC Issues Statement on Internet Retransmission of TV & Radio Signals

Telecommunications
January 30, 2003January 30, 20032015-07-08
On January 17, 2003, the Canadian Radio-television and Telecommunications Commission ("CRTC"), issued a Broadcasting Public Notice stating that it would continue to require a broadcasting license for Internet retransmission of television and radio broadcasts.
Deeth Williams Wall https://www.dww.com/articles/crtc-issues-statement-on-internet-retransmission-of-tv-radio-signals

Online Pharmacy Fined $200,000.00 Online Pharmacy Fined $200,000.00

Food and Drug
January 30, 2003January 30, 20032015-07-08
The Nevada State Board of Pharmacy has begun cracking down on online pharmacies. In its first case, the manager of Nevada based Prescriptiononline.com was recently fined $200,000 (U.S.).
Deeth Williams Wall https://www.dww.com/articles/online-pharmacy-fined-20000000

Doctor's Licence Revoked for Prescribing Over the Internet Doctor's Licence Revoked for Prescribing Over the Internet

Information Technology
January 30, 2003January 30, 20032015-07-08
The Medical Board of California has revoked the licence of Dr. Jon Steven Opsahl. The decision, which will be effective February 21, 2003, was based on Dr. Opsahl's practice of drug prescription over the Internet without patient examinations.
Deeth Williams Wall https://www.dww.com/articles/doctors-licence-revoked-for-prescribing-over-internet

Canadiantiredealer.com Transferred for Bad Faith Use Canadiantiredealer.com Transferred for Bad Faith Use

Domain Names
January 30, 2003January 30, 20032015-07-08
The January 14, 2003, a World Intellectual Property Organization (WIPO) arbitration panel released its decision in Canadian Tire Corporation, Limited v. Mike Rollo. The panel ordered the transfer of the domain names canadiantiredealer.com and canadiantiredealers.com to Canadian Tire Corporation ("Canadian Tire").
Deeth Williams Wall https://www.dww.com/articles/canadiantiredealercom-transferred-for-bad-faith-use

Judge Rules License Agreements Can't Restrict Product Reviews Judge Rules License Agreements Can't Restrict Product Reviews

Technology Contracting
January 30, 2003January 30, 20032015-07-08
A New York state judge recently ruled that Network Associates Inc. (NAI), a security software company in California, cannot use its end-user license agreements to restrict what its customers say about its products.
Deeth Williams Wall https://www.dww.com/articles/judge-rules-license-agreements-cant-restrict-product-reviews

British Man Imprisoned for Two Years for Creating Computer Virus British Man Imprisoned for Two Years for Creating Computer Virus

Information Technology
January 30, 2003January 30, 20032015-07-08
A twenty-two year old Welsh web designer has been sentenced to two years in prison for creating and distributing computer viruses. Simon Vallor was tracked down by Scotland Yard's computer crime unit and the FBI after he bragged about his viruses on an Internet message board.
Deeth Williams Wall https://www.dww.com/articles/british-man-imprisoned-for-two-years-for-creating-computer-virus

Paper Released by Canadian Government on Spam Paper Released by Canadian Government on Spam

Information Technology
January 30, 2003January 30, 20032015-07-08
A new discussion paper has recently been released by the Canadian government entitled: E-mail marketing: Consumer choices and business opportunities. The paper addresses the choices available to consumers, filtering technologies, current policies, network solutions, the application of existing laws, consumer awareness and the role of the government in dealing with spam.
Deeth Williams Wall https://www.dww.com/articles/paper-released-by-canadian-government-on-spam

Music Industry Wins Copyright Ruling — User's ID Revealed Music Industry Wins Copyright Ruling — User's ID Revealed

Copyright
January 30, 2003January 30, 20032015-09-23
The United States District Court for the District of Columbia has granted The Recording Industry Association of America's (the "RIAA") motion to enforce its subpoena served on Verizon Internet Services ("Verizon") under the Digital Millennium Copyright Act of 1998 ("DMCA").
Deeth Williams Wall https://www.dww.com/articles/music-industry-wins-copyright-ruling-%E2%80%94-users-id-revealed

USPTO Backtracks on Decision to Destroy Paper Records USPTO Backtracks on Decision to Destroy Paper Records

Patents
January 30, 2003January 30, 20032015-09-23
The United States Patent and Trademark Office ("USPTO") was planning to convert from a paper to an electronic public search system. However, this plan has now been put on hold. This decision by USPTO came about after a lawsuit was launched by the National Intellectual Property Researchers Association ("NIPRA") to stop the USPTO from its plan to begin dismantling its paper collection of patents and trademarks.
Deeth Williams Wall https://www.dww.com/articles/uspto-backtracks-on-decision-to-destroy-paper-records

B.C. Court Rules Election Act Prohibition on Early Internet Postings of Election Results Unconstitutional B.C. Court Rules Election Act Prohibition on Early Internet Postings of Election Results Unconstitutional

Litigation
January 30, 2003January 30, 20032015-09-23
Judge Kerry Smith of British Columbia's Provincial Court recently found unconstitutional those provisions of the Election Act, which prohibit the early posting of election results on the Internet by banning the "premature transmission" of electoral results.
Deeth Williams Wall https://www.dww.com/articles/bc-court-rules-election-act-prohibition-on-early-internet-postings-of-election-results

Recent Decisions by the Canadian Privacy Commissioner Recent Decisions by the Canadian Privacy Commissioner

Privacy
January 30, 2003January 30, 20032015-07-08
Recently, the Privacy Commissioner of Canada (the "Commissioner") released a series of findings based on individual complaints under the Personal Information Protection and Electronic Documents Act ("PIPEDA")
Deeth Williams Wall https://www.dww.com/articles/recent-decisions-by-canadian-privacy-commissioner

U.S. Supreme Court Releases Decision in Eldred Case U.S. Supreme Court Releases Decision in Eldred Case

Litigation
January 16, 2003January 16, 20032015-07-08
On January 15, 2003, the U.S. Supreme Court upheld the validity of the Copyright Term Extension Act ("CTEA") in the case of Eldred v. Ashcroft. The Supreme Court decided by a 7-2 majority that the law, which retroactively extends the duration of copyrights for 20 years, is within Congress' authority and does not transgress constitutional limitations. For the majority, Justice Ginsburg wrote, "The CTEA reflects judgments Congress typically makes, judgments we cannot dismiss as outside the Legislature's domain."
Deeth Williams Wall https://www.dww.com/articles/us-supreme-court-releases-decision-eldred-case

British Columbia Court Finds Disclaimer for Online Brokerage System Unenforceable British Columbia Court Finds Disclaimer for Online Brokerage System Unenforceable

Litigation
January 16, 2003January 16, 20032015-07-08
Recently, a British Columbia Provincial Court ruled against Merrill Lynch HSBC ("MLH") in a dispute involving the use of its online brokerage system called NetTrader. The Claimant, Wei Zhu, had sought to cancel a sale of shares, which had been transacted online and for which, Zhu claimed to have received confirmation of the cancellation. In fact, the cancellation of the sale had not been completed resulting in duplicate trades of the same shares. MLH argued that the confirmation received was subject to prior fills and as such, the cancellation had not in fact been confirmed.
Deeth Williams Wall https://www.dww.com/articles/british-columbia-court-finds-disclaimer-for-online-brokerage-system-unenforceable

U.S. Drug Enforcement Administration Shuts Down Internet Pharmacy U.S. Drug Enforcement Administration Shuts Down Internet Pharmacy

Food and Drug
January 16, 2003January 16, 20032015-07-08
Joint action between the Nevada State Board of Pharmacy ("Board") and the U.S. Drug Enforcement Administration ("DEA") has resulted in the suspension of the licence of Prescriptiononline.com Inc., which was an online pharmacy based in Las Vegas.
Deeth Williams Wall https://www.dww.com/articles/us-drug-enforcement-administration-shuts-down-internet-pharmacy

Arbiter Awards gouvernmentduquebec.com to Province of Quebec Arbiter Awards gouvernmentduquebec.com to Province of Quebec

Domain Names
January 16, 2003January 16, 20032015-07-08
A decision of the Administrative Panel at WIPO's Arbitration and Mediation Center ordered the transfer of the gouvernementduquebec.com domain name to the Government of the Province of Quebec.
Deeth Williams Wall https://www.dww.com/articles/arbiter-awards-gouvernmentduquebeccom-to-province-of-quebec

Disclaimer: This Newsletter is intended to provide readers with general information on legal developments in the areas of e-commerce, information technology and intellectual property. It is not intended to be a complete statement of the law, nor is it intended to provide legal advice. No person should act or rely upon the information contained in this newsletter without seeking legal advice.

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