E-Commerce Law

E-Commerce Law Briefs: Week of January 7, 2008

U.S. authorities have arrested eight men in connection with a multi-million dollar online sports gambling operation. "Twelve men face charges including conspiracy and illegal gambling in an indictment unsealed on Monday in Manhattan federal court for their role in operating a gambling Web site and call center that serviced U.S.-based sports bookies."

(Link: U.S. arrests 8 in online sports betting operation at washingtonpost.com)

E-Commerce Law Briefs is a weekly feature appearing each Friday afternoon on E-Commerce Law. Each week, E-Commerce Law Briefs will provide a brief summary and commentary on recent legal news affecting e-commerce businesses.

1-800 Contacts Files Its Latest Keyword Advertising Suit in Utah

Yesterday, Eric Goldman posted that 1-800-Contacts has filed its latest keyword advertising suit in federal court in Utah.  The company is apparently hoping for better luck than it had in its earlier forays into trademark litigation. 

E-Commerce Law Briefs: Week of December 31, 2007

Monday is the expected launch date for Wikia Search, a user-influenced search engine expected to compete with Google.  "According to its creators those searching topics will be able to rank search results using open-source software in order to improve the filtering of search results. The idea is to introduce transparency into the search engine process. However Google supporters argue it will allow humans to manipulate the search process and that computer-generated results are the fairest way to provide people with information."

(Link:  Possible Google rival soon to be launched at vnunet.com)

E-Commerce Law Briefs is a weekly feature appearing each Friday afternoon on E-Commerce Law. Each week, E-Commerce Law Briefs will provide a brief summary and commentary on recent legal news affecting e-commerce businesses.

Google Trademark Attorneys Will Be Busy in 2008

Last year, we discussed the possible genericide of "Google" and the inconsistent approach taken by the company in protecting its mark.  Now, Carolyn Elefant (of My Shingle and Legal Blog Watch) notes the reported increase in the use of "Google" as a verb amongst news websites and passes on a prediction from Big Mouth Media:  Google's trademark attorneys will find themselves very busy this year. 

If so, we can look forward to many more letters like this one. 

Forum Selection Clause in Website Terms of Use Held Enforceable

In Krause v. Chippas, 2007 WL 4563471 (N.D. Tex. 2007), the United States District Court for the Northern District of Texas has transferred the case in reliance upon a forum selection clause found in the FuturesCom.com Service and Usage Agreement.

Happy New Year!

To start the new year, we've made some changes to the theme and layout of the site.  Let us know what you think.

Blawg Review #140

The Blawg Review is a weekly review of the best law-related posts from a variety of blogs. Having enjoyed hosting Blawg Review #103 (the BaseBlawg Review) in April, I eagerly volunteered to host another installment. However, other than to direct your attention to the Sports Law Blog’s summary of commentary on the Mitchell report, this edition of the Blawg Review will have no references whatsoever to baseball. Like many other legal bloggers do at this time of year (like here, here, here, here, and here), I’ll stick with a holiday theme.

Since today is Christmas Eve, I thought about drawing inspiration for this issue from Twas the Night Before Christmas before the Blawg Review’s intrepid editor pointed out that a similar framework had been used, years ago, by Wired GC. Undeterred, I turned to another holiday favorite, the Twelve Days of Christmas.

For Attorneys: How the Internet Can Make Or Break Your Reputation and What You Can Do About

On January 24th, I'll be speaking at an event for the DC Bar's Law Practice Management Committee entitled "Practicing Law in the E-Court of Public Opinion: How the Internet Can Make Or Break Your Reputation and What You Can Do About."  I'll be on a panel with Andrew Mirsky, moderated by Carolyn Elefant, discussing the role of the First Amendment and defamation law in protecting an attorney's reputation. 

At E-Commerce Law, we've addressed Internet defamation and how Section 230 of the Communications Decency Act has destroyed traditional concepts of defamation law.  I've been asked to address some practical ways that attorneys, in particular, can protect and enhance their Internet image.

My Shingle has more details.  Check in there if you're interested in signing up to attend the event in person or by telephone.

Happy Holidays!

E-Commerce Law Briefs will return on Friday, January 4, 2008, but make sure to check out our holiday-themed issue of the Blawg Review on Christmas Eve.

E-Commerce Law Briefs: Week of December 10, 2007

A Georgia couple has filed a second Internet defamation lawsuit, this time against a person who posted allegations that the couple is involved in illegal drug activity. The couple previously filed a $1 million suit against the website that published the post. Unless we’re missing something, the couple’s attorney is probably going to get an education on Section 230 of the Communications Decency Act.

(Link: Web site post leads to second law suit at Rome News-Tribune.com)

A Texas appellate court has ruled that an anonymous blogger has a First Amendment right to anonymity in a defamation lawsuit unless the plaintiff can demonstrate that it has suffered actual financial losses due to the defendant’s defamatory postings.

(Link: Court upholds Paris blogger's anonymity at Houston Chronicle)

E-Commerce Law Briefs is a weekly feature appearing each Friday afternoon on E-Commerce Law. Each week, E-Commerce Law Briefs will provide a brief summary and commentary on recent legal news affecting e-commerce businesses.