As a retailer Apple appears to be
second to no one, but since imitation is the sincerest form of flattery is it
any wonder that a blogger
visiting China recently discovered more than one counterfeit "Apple Store "
selling Apple products and employees of the counterfeit "Apple Store"...
Apple did not prove that App Store
was famous and not descriptive, therefore Apple failed to establish a
likelihood of success at trial. On July
6, 2011 US District Judge Phyllis Hamilton denied Apple's request to enjoin
Amazon from using "App Store " as she ruled that it was unlikely...
GUEST BLOG FROM BARRY BARNETT
Barry Barnett has been a Guest
Blogger in the past, his Blawgletter provides great thoughts, and insights. I
read his blogs regularly. Over the years Barry and I have had a number of cases
together and he is an outstanding lawyer. Barry is a partner at Susman Godfrey...
Apparently eBay wants to spread the word that it opposes
an Internet sales tax. I wrote my eCommerce Times Legal Column recently about
Internet sales taxes entitled " Sales Taxes on the
Internet: Is This the Year We'll Pay?" I suspect that as a result of my
Column, eBay's PR firm...
A NY Times stock market report for
August 8, 2011 highlighed the fact that Apple's stock
was the most valuable company in the world ahead of Exxon Mobil, but by the
close of the day Exxon Mobil was still number one. Many stock analysts "expect
Apple and Exxon Mobil to continue jockeying...
Within 10 days of the riots in the
UK a judge sentenced two young men, 20
and 22, to 4 years in jail for using Facebook. Without question Social
Media has transformed communications and impacted the UK riots, but one might
wonder if the courts may have acted too swiftly. Here's
what the Guardian...
Copyright protection extends to
cloud music lockers based on a new federal court ruling. US District Judge
William H. Pauley III in New York granted
judgments in favor of MP3tunes and Michael Robertson on August 22, 2011 under
the Digital Millennium Copyright Act (DMCA) since MP3tunes complied with...
Only 5% of all adults used Social
Media in 2005 when Pew Research first asked, and as of August
2011 Pew now reports more than 65% of all adults use Social Media . To be
more precise about what going on with online
adults here's the daily breakdown from another Pew report :
LinkedIn boasts +120 million members who
all agree to be bound to their User Agreement, but few LinkedIn members noticed
that on June
16, 2011 the LinkedIn User Agreement changed. LinkedIn's new User Agreement
is not radically different from previous versions. However since the LinkedIn
Google paid an estimated $100-200 million to
expand its reach by purchasing Zagat Survey that potentially increases Google's
Social Media power. Pew Research recently report that 92% of adults on the
Internet use search engines every day , so couple that information
with Google's "estimates...
After filing more than 275 copyright infringement lawsuits , it now turns
out that Righthaven was not the owner of the copyrights asserted in the
lawsuit, and as a result is now on the verge of bankruptcy. The copyright
infringement claims were made for reposting pictures and stories previously
All Social Media and Internet
businesses rely on TOS and Click Agreements to protect their legal rights, but
few businesses take the time to make sure that the TOS and Click Agreements
actually protect their business operations. I welcome you to read my eCommerce
Times column entitled "Your...
Trademark owners must act to avoid
adult brands creating .xxx domains and can take advantage of the sunrise phase from
September 7 through October 28, 2011.
I welcome you to read the Gardere
Intellectual Property Alert entitled " Prevent the XXX Industry from Using Your Trademark "...
Scientist reports that HP may use the Autonomy
pattern-recognition eDiscovery tool to develop a new search engine which would
work in tandem with HP's text-based search. The report
includes this example :
ability to point your phone at an image and having it return web links,...
plans to spend $8
billion to expand broadband service to more than 18 million citizens in
rural America who lack high speed Internet access. In a speech, Julius
Genachowski (FCC chairman) called access to broadband "a necessity":
has gone from being a luxury...
Use of remote computers has been
around since at least 1964, but the current marketing buzz called Cloud
Computing might make you think there's something new. However Cloud Computing
is merely the newest label for the 1964 remote computing service called "Time-Sharing" at
GUEST BLOG FROM JIM BRASHEAR
I welcome Jim Brashear as a Guest
Blogger with his blog concerning cyber security risks. Jim is Vice
President, General Counsel and Corporate Secretary of Nasdaq-traded Zix Corporation , the market leader in email
encryption services. He frequently appears as a public...
US intelligence agencies just
reported to Congress that China
and Russia have national policies to steal technology from US companies over
the Internet. The Congressional report was compiled by the Office of the National
Counterintelligence Executive which included this alarming information:
Many readers agreed with my recent
blog that the Cloud
is a new label for old technology - "think connecting to a mainframe over
telephone lines," and I encourage you to read my November
eCommerce Times column about some important Cloud computing legal issues .
More Cloud History
Pew's recent report came as no
surprise that 95%
of teens (12-17) are on the Internet . But why are only 80% using Social
Media? Amazingly 55% of online teens "have decided not to post something
online because they were concerned that it might reflect badly on them in the
Since the Wikimedia Foundation (home of
Wikipedia) is a not-for-profit , it survives by annual fundraisers. Google
co-founder Sergey Brin and his wife Anne Wojcicki (23andMe co-founder) used
their Brin Wojcicki Foundation to grant $500,000 to the Wikimedia Foundation.
The Wikimedia Foundation kicked...
Pew Research recently reported that 92%
of adults use search engines daily and ComScore recently reported that 65.6%
of all US searches are conducted on Google . So I thought I would pass along
Hack College's recommendations about how to " Get
More Out of Google ." Here are some search...
By Peter S. Vogel
At time when cybersecurity is headline news around the world, partisan politics in the U.S. Senate got in the way of new a cybersecurity bill which was different than a bill passed in the U.S. House last April. The New York Times reported that the most vocal opponent of the new cybersecurity...
By Peter S. Vogel
Daily news headlines regularly report lax, or no, security for cloud data. In the past few weeks two very high profile businesses reported cloud breaches - Apple's iCloud and Dropbox. It is no coincidence that my August column for eCommerce Times is entitled " The Cloud...
By Peter S. Vogel
According to the Washington Post United Airlines “had rewarded two people with 1 million free miles of air travel each for discovering and disclosing software defects through the airlines “bug bounty” program…. so named because it offers bounties for the...