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Intellectual Property Law

IBLS Internet Law Blog

Covers global Internet and E-Commerce.

Post Frequency: 5.8/day

Last Entry: March 03, 2010 at 19:08:00

Why Washington Must Face Global-Cyber-Name-Economy?

Posted on February 09, 2009
The serious objections by US Department of Commerce to ICANN's new policies on creating unlimited domain suffixes are primarily based on old domain name thinking and continued fear of losing control of Internet. The comments lack serious knowledge of global business naming problems surrounded by international demands of multiple-cyber-branding platforms now impacting 99% of buyers and sellers worldwide...

Can the Attorney-Client Privilege Survive the E-Mail Setting?

Posted on February 09, 2009
Our ancestors used to say that communications between one's doctor and attorney were sacred; that means, they were secret and well respected. This thinking might have been the outset of the attorney-client privilege. Then, it comes the Internet and fast communication means such as e-mails and one may ask whether this privilege can survive this technological era...

Citizen Data Protection in Focus - ENISA on Privacy in National eID Cards: ?Europe Needs a Strategy?

Posted on February 04, 2009
The EU Agency ENISA [the European Network and Information Security Agency] today launched its Position Paper on security features in European eID schemes. The paper gives the first overview of the vast disparity between privacy features in eID cards across Europe...

Is it legal for an Internet company to change e-mails to contact consumers?

Posted on February 03, 2009
Hi I am currently in a dispute with a travel company regarding flights booked with them. In summary, they sent me confirmation after booking through internet using a legitimate company email i.e. employee_name@company_name.com and then any updates to flight time amendments they contacted me with email account from a public server i...

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Immunity for users or providers of Interactive Computer Services

Posted on February 02, 2009
The United States (U.S.) Communications Decency Act (CDA) is one of the most significant Internet laws in the U.S, codified at 47 U.S.C.A. � 230. CDA shields from liability, interactive computer service providers that publish or display content provided by third parties...

Is it against the law to deadly threat others during chat forums?

Posted on January 30, 2009
I just read your article on threatening e-mails. I have been going to a political forum on tghe internet where you can debate. A person in that forum has made several threats to the effect of killing, or otherwise harming other members. Is this against the law? If so, who should it be reported to? John

The Essential Elements of a Contract under the Spanish Law

Posted on January 28, 2009
Internet contracts usually subject the parties to arbitration proceedings or the law of a specific jurisdiction (choice of law) when legal disputes arise. When choice of law clauses subject the parties to the jurisdiction of a European Union member state, it is advisable to get acquainted with that member state's contract laws...

I purchased a DVD collection and did not get all the episodes, can I get my money back?

Posted on January 26, 2009
Hi, I purchased a DVD collection over the internet for a show that was never officially released, but dvd collections were made by several different sources. The show is The Wonder Years and I purchased it from an online retailer called dvdglobe.tv . The description said it included all 115 episodes and an episode guide so you can find any episode at any time...

Offenses related to Computer Crimes and the Protection of Information and Data

Posted on January 26, 2009
On January 5, 2009, Colombia's Congress enacted Act 1273 that amends the Criminal Code and creates a new legally protected interest called information and data protection. The Act 1273 also extended protection to systems that use information technologies and communications...

Freedom to Provide Services in the European Community

Posted on January 21, 2009
Article 49 of the treaty establishing the European Community (TEC), guarantees the freedom to provide services; yet, the wording of article 49 caused confusion as to whether it applied exclusively at a domestic level, or whether this freedom was extended to a trans-border context...

What is the law in Alabama concerning internet sales tax?

Posted on January 19, 2009
What is the law in Alabama concerning internet sales tax? Susan

Can anyone explain to me what this scheme is all about and how it works?

Posted on January 19, 2009
Recently, my sister was contacted by a resident in her apartment complex who offered her $7.50/hr payment for gambling for him on line. He then provided her the number of his debit card account and invited her to gamble using low wager bets. This sounds like a scam/money laundering scheme to me...

Fines Imposed for SMS Spam

Posted on January 19, 2009
A telecommunications provider (the company) has been fined $110,000 after allegedly sending 20,000 SMS messages without sufficient sender identification. The fine was imposed by the Australian Communications and Media Authority (ACMA) for breach of the Spam Act 2003 (Cth) (Act)...

What are the implications of cyber crime to the global economy?

Posted on January 19, 2009
What are the implications of cyber crime to the global economy? Habibu

What Conducts Does the European Convention on Cybercrime Criminalize?

Posted on January 19, 2009
The European Union (EU) member states signed the European Convention on Cybercrime (Cybercrime Convention) in 2001. It goal is to combat cybercrime among member states by harmonizing legislation, facilitating investigation and prosecution at both the domestic and international level, and providing the means for fast and reliable cooperation...

How can I claim Colombian withholding taxes in the U.S.?

Posted on January 16, 2009
Could you please advise as to the procedure for claiming back Colombian withholding taxes here in the US? Chris

Can I have an e-commerce site totally anonymous from the IRS

Posted on January 16, 2009
My intent is to establish an entity which provides TOTAL privacy & anonymity, protecting me from the Uncle Sam or any other government agency for the purpose of Ecommerce. The sites market consumer products, NO adult services, No pornography, No gambling, etc...

How can I collect my pending funds?

Posted on January 16, 2009
I need some advise on how to collect my pending funds that have not been payed to me since oct 08,the administater of alvarosurf.com is taking his time on paying me to a internet bank system strictpay.com ,after he requested my info,such as account number...

I have accumulated $50,000 in credit card debt for Internet gambling in Ohio. Do I have a solution?

Posted on January 16, 2009
I have accumulated 50,000 debt using my debit card for internet gambling in Ohio. Do I have a solution? Marsha

New Universal Name Identities Shake The Branding World

Posted on January 14, 2009
Without a doubt, major brand name identities will be arriving at the precipice where they will be lined up for a freefall from grace, some will fall and some will have a parachute. This scene will be repeated all over the world, as new ultra-modern-cyber-age-branding-platform being structured as ICANN introduces new policies that will dramatically change the old fashioned thinking of global branding...

Is there any chance to recover from credit card companies money processed for online gaming?

Posted on January 14, 2009
Is there any chance a person could recover money spent for past payments made to credit card companies that processed online gaming transactions and if so what is the first step to be taken? Over the past 3 to 4 years i have accumulated over one million dollars in debt and just recently found that online gambling is unlawful in California...

Are School's Internet Usage Policies a Matter of Collective Bargaining?

Posted on January 12, 2009
In the United States, schools are gradually adopting Internet usage policies for both students and faculty. Indeed, the Children's Online Protection Act (COPA), 47 U.S.C.S. � 254, requires that schools receiving discounted Internet service adopt Internet safety policies...

Invalid Trademark Assignments in Gross: A Possible Defense for Infringement Claims under New Jersey's Case Law

Posted on January 07, 2009
A 2004 New Jersey case held that an assignment in gross is invalid when there is no goodwill associated with the product or business. If there is no goodwill associated with a product or business, assigning a trademark- which is a symbol- may be deceitful to the public or an indication that the mark was abandoned...

The Protection of the Right to Privacy on the Internet in China

Posted on January 05, 2009
By Cynthia Zhang and Matthew MurphyMMLC Group, Beijing Definition of Internet Privacy Cyberspace privacy of personal information mainly refers to the right of citizens to enjoy the peace in the network's private life and the protection of private information in accordance with the law...

STATE STATUTES REQUIRING INTERNET FILTERING AND INTERNET USAGE POLICIES IN PUBLIC SCHOOLS AND LIBRARIES

Posted on December 29, 2008
In the United States, numerous states have supplemented the Federal Children's Internet Protection Act (***) by enacting legislation requiring that public schools and/or libraries adopt Internet filtering and usage policies to prevent minors from gaining access to sexually explicit, obscene, or otherwise harmful materials...

Patent Infringement Involving Internet Billing Methods

Posted on December 22, 2008
P class=MsoNormal style="MARGIN:0in 0in 10pt;TEXT-ALIGN:justify;"FONT face=Cambria size=3The United States Court of Appeals for the Federal Circuit affirmed a Wisconsin district court's decision granting summary judgment for eBay in a patent infringement claim filed by Netcraft Corp...

Scope of the U.S. Uniform Electronic Transaction Act

Posted on December 15, 2008
The U.S. Uniform Electronic Transaction Act (UETA) was drafted by the Uniform Conference of Commissioners on Uniform State Law to validate commercial electronic transactions, concretely, those involving electronic records and signatures. Its goal is not to establish contractual rules for e-transactions; instead, it is designed to complement state statutes dealing with digital signatures and electronic records...

The U.S. Commerce Clause v. State Law Discriminating Against Out-of-State Shipments

Posted on December 10, 2008
The Commerce Clause of the U.S. Constitution prohibits states from enacting laws that benefit in-state businesses and discriminate against out-of-state businesses. Since most e-commerce businesses tend to eliminate the middle-man and this consequently affects traditional state businesses, some state laws have protected their domestic commerce by enacting legislation under the shadow of public policy justifications...

E-commerce Vendors may be Required to Collect Taxes under NY Tax Law

Posted on December 08, 2008
In the United States, e-commerce vendors have been exempted from collection of taxes by the Internet moratorium act. Yet, some states are already reaching out to these vendors as source of fiscal revenue. The state of New York, one of the most important e-commerce players, recently modified its tax code and expanded the definition of the word "vendor;" this new definition seems to embrace those selling goods and services over the Internet...

Search and Seizure of Home Computers in Virginia

Posted on December 08, 2008
It may not be scientifically proven yet, but home computers definitely provide solitude enjoyed by those who commit online crimes. In contrast, it is not always easy for authorities investigating cybercrimes to obtain a warrant to search and seize home computers; thus, relatives' or roommates' consent to these search and seizures have become a legal challenge for defense attorneys and judges ruling on motions to suppress evidence...

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