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Archive for the ‘Advertising’ Category

District Court Says CAN-SPAM Act Does Not Violate First Amendment By Samantha Kuhn – Edited by Chinh Vo U.S. v. Smallwood, 09-CR-00249 (N.D. Tex. July 15, 2011) Slip Opinion hosted by Scribd.co The District Court for the Northern District of Texas rejected a First Amendment challenge to the CAN-SPAM criminal statute, which prohibits the computer transmission of “multiple commercial electronic mail messages, with the intent to deceive or mislead recipients . . . . as to the origin of such ... Read More...
Posted On Aug - 9 - 2011 Comments Off READ FULL POST
Ninth Circuit Vacates Injunction in Keyword Advertising Case By Kaethin Prizer – Edited by Kassity Liu Network Automation, Inc. v. Advanced Systems Concepts, Inc., No. 10-55840 (9th Cir. Mar. 8, 2011) Slip Opinion The Ninth Circuit vacated the preliminary injunction granted by the district court to Advance Systems Concepts (“Systems”) in a trademark infringement case involving the use of keyword advertising. The court found that the lower court erred in its analysis of whether Network Automation’s keyword advertising, which targeted ... Read More...
Posted On Mar - 15 - 2011 1 Comment READ FULL POST
Plaintiff’s Lanham Act false association claims against Google AdWords program survive motion to dismiss By Abby Lauer – Edited by Matt Gelfand Jurin v. Google, No. 2:09-cv-03065-MCE-KJM (E.D. Cal. Feb. 14, 2011) Slip Opinion hosted by Scribd.com The U.S. District Court for the Eastern District of California denied in part and granted in part Google’s motion to dismiss in a case involving trademark infringement and breach of contract claims against the search engine. While granting Google’s motion to dismiss plaintiff’s ... Read More...
Posted On Feb - 28 - 2011 Comments Off READ FULL POST
By Tim Grayson FCC Moves to Dismiss Net Neutrality Challenges As PCMag.com reports, the FCC moved to dismiss two challenges to the agency’s December 2010 adoption of controversial net neutrality rules regulating broadband and wireless networks. Verizon and MetroPCS filed suit, each claiming that the FCC lacks the authority to enforce net neutrality. The FCC’s motion to dismiss stems from a timing issue: Verizon and MetroPCS both filed suit before the new rules were published in the Federal Register. This ... Read More...
Posted On Feb - 6 - 2011 Comments Off READ FULL POST
By Emily Hootkins FTC Proposes ‘Do Not Track’ System for the Web CNET reports that the Federal Trade Commission is endorsing a “Do Not Track” mechanism for the web, reminiscent of its popular “Do Not Call” list. David Vladeck, director of the FTC’s Bureau of Consumer Protection, envisions the concept as “a setting similar to a persistent cookie” that would signal whether the consumer is willing to be tracked or receive targeted advertisements. PC Magazine highlights some potential technical difficulties ... Read More...
Posted On Dec - 5 - 2010 Comments Off READ FULL POST
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