30
Sep/04

An Odd Way Of Getting Customer Service Threatens Click-Wraps


A lawyer had problem getting AOL software to work, then he trouble getting through to customer service.  So he sued AOL in small claims court in New York.  AOL tried to enforce a choice of forum clause in its ‘click-wrap’ agreement.  The judge declined to enforce the clause.  The lawyer claims that he indicated to AOL during the proceeding that if it would fix the problem, he would drop the suit.  AOL refused.  Via NY Law Journal



30
Sep/04

Journal Article on Domain Proxy Services


Front page article in today’s Wall Street Journal entitled “New Services Are Making It Easier To Hide Who Is Behind Web Sites” (paid sub required), describing the rise of domain proxy services to shield whois data.  I don’t think that proxy services are inherently evil – the services tend to cooperate with legitimate requests from third parties.  I think a larger problem is that ICANN’s enforcement mechanism against false whois data relies on voluntary compliance from registrars. 

 



30
Sep/04

WIPO Starts Process To Revise Trademark Law Treaty


Press release re WIPO conveining a diplomatic confernece to streamline trademark registration procedure and revise the Trademark LAw Treaty.  Start making a list of your pet peeves.



30
Sep/04

While My Trademark Lawyer Gently Weeps, continued


Speculation re that Apple Computers will pay massive settlement to Apple Records for use of APPLE in connection with iTunes, via MacWorld.



28
Sep/04

Faking It


This BBC article reports that half of all pills labeled as VIAGRA sold over the Internet are counterfeit.  What astounds me is that half of the VIAGRA pills sold online are real.



28
Sep/04

IAB Guidelines On Use of Pop-Up Ads


Interactive Advertising Bureau publishes Guidelines on Use of Pop-Up Ads.



28
Sep/04

Microsoft and Amazon Team Up To Fight Evil-Doers


Super-hero crime-fighting team Microsoft and Amazon team up to sue spammers, via News.com.



28
Sep/04

Bias in the UDRP


Registrant of GATWICK.COM accuses BAA, operator of Gatwick Airport, of dirty tricks, and accuses of WIPO of bias in selecting UDRP panelists, via The Register.

The complex fact pattern (put forth by one side’s attorney) seems too complex to come to any sort of conclusion but I do have one reaction regarding the accusations of panelist bias.  That is: one does not establish a prima facie case that a UDRP panelist is biased because that panelist finds for the complainant more than for the respondent.  50% is a meaningful benchmark in coin tossing, not litigation. 



27
Sep/04

Survivor v. Survivor


Survivor, the band (biggest hit – Eye of the Tiger), loses on summary judgment (upheld by 7th Circuit) against CBS, with regard to CD products for the SURVIVOR TV show.

Frank Sullivan v. CBS, No. 02-2058 (7th Circuit, Sept 24, 2004).

People who downloaded Survivor songs on iTunes also bought music by Kroskus, Ambrosia, ZZ Top and Tesla.

People who bought the soundtrack CD from the Survivor TV show on Amazon also bought the soundtrack from ER and Television’s Greatest Hits.



24
Sep/04

Dear Rolex


Dear Rolex:

If you are trying to get in touch with me today, please either fax, call, write or take out a magazine ad.  Do not, repeat do not email me.  Someone sent me 21 emails today offering me ‘genuine replica’ Rolex watches and they were all sent to the spambox.  If you sent me email with the word Rolex in it, it might not get to me (email from my bank and my credit card companies are already getting shunted regularly).

Marty

p.s. Too bad that, according to this article, the IETF has shelved a proposal to deal with spam.  Email is becoming unusable as a business tool.