On April 9, 1997, the United States Court of Appeals for the Second Circuit in New York affirmed a dismissal (pursuant to Federal Rule of Civil Procedure 12(b)(2), lack of personal jurisdiction), against Bensusan Restaurant Corporation ("Bensusan"), operators in New York City, of a famous jazz club called "The Blue Note" against Richard B. King ("King"), a Missouri resident, who owns a club in Columbia, Missouri also called "The Blue Note."
The Internet celebrates its 30th birthday soon, but it acts like a newfound gold mine. Every Dick, Jane, and Spot is rushing headlong to surf it or set up shop on it. If you're a content owner, maybe you too are thinking it's about time to blaze a digital trail.
Suppose you want to sue someone based upon their electronic action, for example, you allege their domain name infringes your trademark. Where do you go? Their home state, your home state, some central cyberspace locale? Can current caselaw concerning jurisdiction cope with a world without walls? Or, must the courts craft new caselaw to govern cyberspace?
So there you are - a reputable company or person, and someone else is using your trademarks to direct Internet users to graphic pornographic Web sites. You file a lawsuit and rush into court seeking immediate relief, right?
Whether you are an active participant in e-commerce, maintain a passive website, act as a website designer, provide content or work with the websites of others, you must understand and monitor a wide variety of legal issues before they become problems. A thorough website audit is a crucial tool designed to help you determine whether or not certain changes are necessary to avoid litigation and make sure that potential problems are corrected.
With the Internet opening so many doors to the expanding global economy, your corporate identity may be more vulnerable than ever before.
Interview on Open Source Software Licensing with Attorney Philip Albert.
Interview With Patent Attorney and Technology Trade Secret Specialist William J. Bohler.
A federal judge in New York has just ruled that Google's practice of selling trademarks as keywords that trigger links to particular Web sites other than those of the trademark holders does not constitute infringement because Google does not actually "use" the trademarks within the meaning of the law.
An Interview on the Madrid Protocol Multinational Trademark Registration with Attorneys Mary Shapiro and Mark Steiner.