Canadian Code of Practice for Consumer Protection in Electronic Commerce Canadian Code of Practice for Consumer Protection in Electronic Commerce

Information Technology
February 27, 2003February 27, 20032015-07-08
A working group comprised of industry trade groups, consumer rights advocates and the governments of Canada, Alberta, Ontario and Quebec have announced the development of a voluntary Canadian Code of Practise for Consumer Protection in Electronic Commerce ("Code").
Deeth Williams Wall https://www.dww.com/articles/canadian-code-of-practice-for-consumer-protection-electronic-commerce

Online Distribution of Canadian Patent Office Record Online Distribution of Canadian Patent Office Record

Patents
February 27, 2003February 27, 20032015-07-08
The Canadian Intellectual Property Office ("CIPO") will no longer publish a paper copy version of the Canadian Patent Office Record ("CPOR"). The CPOR will now be distributed exclusively online at CIPO's website.
Deeth Williams Wall https://www.dww.com/articles/online-distribution-of-canadian-patent-office-record

UK Patent Granted for Online Dispute Resolution Method UK Patent Granted for Online Dispute Resolution Method

Patents
February 27, 2003February 27, 20032015-07-08
In the first patent of its kind to be granted in the European Community, New York-based online claims mediation company, Cybersettle, Inc., has received a UK patent on its method for settling disputes. Cybersettle provides confidential claim settlements by matching offers and demands via a secure website. The company is also the assignee of U.S. Patent No. 6,330,551 for the "Computerized Dispute Resolution System and Method".
Deeth Williams Wall https://www.dww.com/articles/uk-patent-granted-for-online-dispute-resolution-method

"Sucks" Domain Names Permitted by U.S. Court of Appeal "Sucks" Domain Names Permitted by U.S. Court of Appeal

Domain Names
February 27, 2003February 27, 20032015-07-08
The United States Court of Appeal for the Sixth Circuit reversed a decision of the District Court and dissolved both preliminary injunctions preventing the defendant-appellant, Henry Mishkoff, from using a series of domain names including domain names that criticized the plaintiff-appellee, the Taubman Company.
Deeth Williams Wall https://www.dww.com/articles/sucks-domain-names-permitted-by-us-court-of-appeal

Online Pharmacies: Regulators Respond in California & Germany Online Pharmacies: Regulators Respond in California & Germany

Information Technology
February 27, 2003February 27, 20032015-07-08
In an attempt to stop doctors and pharmacies from issuing prescriptions over the Internet without actually performing physical exams, California state regulators have revoked the license of a California doctor and levied $48 million in fines against six out-of-state online doctors. Regulators cited concerns over the lack of consistent screening between online pharmacies and stated that patients who are not examined thoroughly may be more susceptible to reactions or complications.
Deeth Williams Wall https://www.dww.com/articles/online-pharmacies-regulators-respond-california-germany

Application of the Canadian Competition Act to Representations on the Internet Application of the Canadian Competition Act to Representations on the Internet

Information Technology
February 27, 2003February 27, 20032015-07-08
The Canadian Competition Bureau ("the Bureau"), which is responsible for administration and enforcement of the Competition Act ("the Act"), recently released a Bulletin on its approach to enforcing the Act concerning misleading representations and deceptive marketing practices on the Internet. The primary focus of the Bulletin is on commercial web sites and marketing strategies using e-mail. Other channels of communications such as chat rooms or newsgroups may also come within the Act.
Deeth Williams Wall https://www.dww.com/articles/application-of-canadian-competition-act-to-representations-on-internet

New York Ban on Cigarette Sales Over the Internet Upheld New York Ban on Cigarette Sales Over the Internet Upheld

Information Technology
February 27, 2003February 27, 20032015-07-08
The United States Court of Appeal for the 2nd Circuit has reversed a lower court's finding that laws prohibiting the sale of cigarettes over the Internet are unconstitutional under the U.S. Constitution.
Deeth Williams Wall https://www.dww.com/articles/new-york-ban-on-cigarette-sales-over-internet-upheld

Intel Wins Patent Dispute With Via Technologies Intel Wins Patent Dispute With Via Technologies

Patents
February 27, 2003February 27, 20032015-07-08
The U.S. Federal Court of Appeal recently affirmed a lower court's decision in a patent infringement dispute between Intel Corporation ("Intel") and Via Technologies, Inc. ("Via"). Intel had brought an action against Via alleging infringement of its U.S. Patent No. 6,006,291 ("the 291 patent"). In response, Via counterclaimed against Intel alleging that the 291 patent was invalid for indefiniteness. The U.S. District Court for the Northern District of California held that Via did not infringe the patent on the basis that it was licensed to use it. The court also dismissed Via's counterclaim.
Deeth Williams Wall https://www.dww.com/articles/intel-wins-patent-dispute-via-technologies

U.S. Court of Appeals Finds ACPA Retroactive U.S. Court of Appeals Finds ACPA Retroactive

Litigation
February 27, 2003February 27, 20032015-07-08
In the recent case of Schmidheiny v. Weber, the United States Court of Appeals for the Third Circuit was faced with the issue of whether the Anti-cybersquatting Consumer Protection Act ("ACPA") could be applied to a domain name registered before the Act was enacted. At issue was the defendant's registration and attempted sale of the domain "schmidheiny.com" to the plaintiff, Mr. Schmidheiny.
Deeth Williams Wall https://www.dww.com/articles/us-court-of-appeals-finds-acpa-retroactive

Internet Private Investors Could be Liable for Acts of a Stalker Internet Private Investors Could be Liable for Acts of a Stalker

Information Technology
February 27, 2003February 27, 20032015-07-08
The New Hampshire Supreme Court ruled in Remsberg v. Docusearch, Inc. that online investigation companies (and all those dealing in third party information) may be liable for harm resulting from the release of third party information to clients. Specifically, the Court held that the foreseeable risk of criminal harm caused by stalking and identity theft outweigh the normal presumption that a private actor will not be liable for the criminal attacks of third parties.
Deeth Williams Wall https://www.dww.com/articles/internet-private-investors-could-be-liable-for-acts-of-a-stalker

Study Reports Filtering Results in "Overblocking" Study Reports Filtering Results in "Overblocking"

Cybersecurity
February 27, 2003February 27, 20032015-07-08
Filtering the Internet by blocking IP addresses is imprecise and overbroad, says a recent study from Harvard University. The study, conducted by Benjamin Edelman of Harvard's Berkman Center for Internet and Society, found that over 87% of active websites resided on servers with two or more domain names. Almost 70% of active websites resided on servers with 50 or more domains.
Deeth Williams Wall https://www.dww.com/articles/study-reports-filtering-results-overblocking

Streamlined Sales Tax Project: Online Retailers Collecting U.S. State Sales Tax Streamlined Sales Tax Project: Online Retailers Collecting U.S. State Sales Tax

Information Technology
February 13, 2003February 13, 20032015-09-23
On February 2, 2003, many online retailers in the U.S., including Amazon.com and retailers hosted by Amazon.com, began collecting sales taxes in the state where the consumer made the order. For some of these companies, this new practice is part of an amnesty agreement with 38 states and the District of Columbia which agreed not to charge for back taxes owed, if the companies began voluntarily collecting the taxes.
Deeth Williams Wall https://www.dww.com/articles/streamlined-sales-tax-project-online-retailers-collecting-us-state-sales-tax

Shrink-Wrap License Can Bar Reverse Engineering — Split Decision at U.S. Court of Appeal Shrink-Wrap License Can Bar Reverse Engineering — Split Decision at U.S. Court of Appeal

Litigation
February 13, 2003February 13, 20032015-09-23
In the recent case of Bowers v. Baystate Technologies, the United States Court of Appeals for the Federal Circuit has upheld a lower court's finding for the plaintiff's copyright infringement and breach of contract claims and rejected the defendant's patent invalidity claim.
Deeth Williams Wall https://www.dww.com/articles/shrinkwrap-license-can-bar-reverse-engineering-%E2%80%94-split-decision-at-us-court-of-appeal

Privacy Commissioner's Annual Report Released Privacy Commissioner's Annual Report Released

Privacy
February 13, 2003February 13, 20032015-09-23
George Radwanski, Canada's Privacy Commissioner, has criticized several government security initiatives in his Annual Report to Parliament.
Deeth Williams Wall https://www.dww.com/articles/privacy-commissioners-annual-report-released

Seattle Court Rules that Amazon.com Not Required to Honour Mistaken Price Seattle Court Rules that Amazon.com Not Required to Honour Mistaken Price

Litigation
February 13, 2003February 13, 20032015-07-08
Recently, a Seattle Small Claims Court held that online retailer, Amazon.com, did not have to honour a sale price mistakenly listed on its website. A customer had purchased a television that had been listed for $99.99. However, the correct sale price was $849.99. The customer received an e-mail confirming the transaction and providing a shipping date upon completing the order. Two days later, the online retailer notified the customer of the mistake and canceled the order. The customer's credit card had not yet been charged since Amazon.com does not charge for purchases until the item enters the shipping process.
Deeth Williams Wall https://www.dww.com/articles/seattle-court-rules-amazoncom-not-required-to-honour-mistaken-price

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

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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