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September 2008 New York State Tax Department Issues Memorandum Clarifying Internet Sales Tax Requirements Virginia Supreme Court Overturns State Anti-Spam Law and Associated Conviction Under Statute 7Search.com Sues McAfee for Unfair Business Practices Under the Lanham Act and Other State Statutes Enzyte Executive Convicted of Fraud Gets 25-Year Sentence Commerce Department Develops Certification Mark -- Signifies Compliance With Data Protection Standards Copyright Owner Required to Consider Fair Use Doctrine for Claim Under Digital Millennium Copyright Act
August 2008 Moynihan Wins Again! $31 Million CAN SPAM / Washington State Law Claims Dismissed Against Affiliate Network Impulse Marketing Group, Inc. Senate Bill Introduced to Extend CAN-SPAM Act to Wireless Arena “Do-Not-Text Act” Arbitrator Awards MySpace $6 Million in Damages and Fees for Violations of CAN-SPAM and Other Statutes Limited Use of Lennon’s “Imagine” Deemed Fair Use Parody Website Was Not “Commercial” Use of Trademark Not Violative of the Lanham Act Consent Judgment Enjoins “Podfitness” From Using Apple’s Pod Marks
June 2008 Internet Access Service Provider Lacks Standing To Assert Can-Spam / California State Claims Against Affiliate Network Azoogleads.Com New York State Internet Sales Tax Law Enacted Text Message Fees not Recoverable Under State Gambling Law NextClick Media Agrees to Halt Alleged Deceptive Practices to Avoid Trial Internet Marketing Companies Agree to Cease Advertising Allegedly Deceptive Promotions to Washington State Residents Clickwrap Agreement Informing Customers of Installation of Pop-up Advertising Software Enforceable Marketer of Adult Websites Settles CAN-SPAM Case Involving Affiliatesí Act Violations
May 2008 Final Rule Provisions Under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
April 2008 AT&T Wireless to Pay Over $2.5 Million to Settle Florida AG Investigation Online Advertiser to Pay $2.9 Million to Settle FTC Charges Social Networking Site for Kids Settles COPPA Violation Charges Court Denies Right of Publicity Claim in Guitar Hero Case Court Grants FTC’s Motion Ordering Marketers to Pay More Than $2.5 Million for Violations of FTC Act and CAN-SPAM Act Use of Another’s Virtually Identical Mark as Sponsored Link Violates Lanham Act
March 2008 Microsoft, Google and Yahoo to Pay $31.5 Million to U.S. For Past Promotion of Illegal Gambling New Jersey Enacts First Online Dating Law: Internet Dating Safety Act Online Marketers of Prepaid Debit Cards Settle FTC Charges Online Retailer Settles FTC Charges of Failing to Safeguard Consumers’ Sensitive Information Email Exchange Containing Settlement Terms is Binding FTC Hosting Town Hall Meeting to Explore The Mobile Marketplace
January 2008 FTC Proposes Governing Principles for Online Behavioral Advertising -Agency Seeks Industry Comments Online Advertiser Settles FTC Charges Citing Website Terms of Use, Court Enjoins Boardfirst from Accessing Southwest's Website Conjoined Forms of "Perfumebay" Infringes "eBay" Mark Use of Trademarks in Metatags and Linked Advertising Not a "Use in Commerce" under the Lanham Act Court has Personal Jurisdiction over Non-Resident Defendant's Internet Business Court Finds use of "eVisa" Actually Dilutes "Visa" Mark
May 2007 Website Owner May be Vicariously Liable (Not Strictly Liable) for Affiliates’ CAN-SPAM Act Violations Purchase from Search Engines of Third Party Trademarks as Key Words May be Actionable “Use” Under the Lanham Act Utah Law Bans Keyword Advertising Employing Unauthorized Use of Third Party Trademarks Use of Domain Name After Cease-and-Desist Letter is Sufficient to Establish Bad Faith Intent under the Anti-Cybersquatting Consumer Protection Act (ACPA) Utah Child Protection Registry Upheld Against CAN-SPAM Preemption, Commerce Clause and First Amendment Challenges U.S. District Court Strikes Down Child Online Protection Act (COPA) FCC Strengthens Privacy Rules to Protect Phone Records
June 2007 Operator of Online Roommate-Matching Website Not Entitled to CDA Immunity for Certain Alleged FHA Violations Use of Generic Search Terms Does not Violate Terms of Permanent Injunction Fantasy Sports Leagues do not Constitute Gambling as a Matter of Law Settlement in FTC Investigation of Deceptive Gift Card Sales House Approves Two Spyware Bills
July 2007 Operator of Online Roommate-Matching Website Not Entitled to CDA Immunity for Certain Alleged FHA Violations Use of Generic Search Terms Does not Violate Terms of Permanent Injunction Fantasy Sports Leagues do not Constitute Gambling as a Matter of Law Settlement in FTC Investigation of Deceptive Gift Card Sales House Approves Two Spyware Bills
September 2007 FTC Wins Temporary Restraining Order with Asset Freeze Halting Unauthorized Debits by Prepaid Stored-Value Card Seller Adult Online Dating Service Entitled to § 230 Immunity Circuit Vacates Injunction Against Spamhaus as Overbroad Sends Case Back to District Court Email Marketer Awarded Fees and Costs under CAN-SPAM Posting Modified Terms on Website is Unenforceable with respect to Existing Customer that Lacks Notice FTC Halts Diet Product Email Marketing Pro-Se Complaint against Google Dismissed
December 2007 Spitzer Withdraws Tax on E-Retailers Statute Regulating Internet Loans Does Not Violate Commerce Clause Web-Based Compilation Must be at Least 70% Substantially Similar to Sustain Copyright Infringement Action Record-Keeping Statute is Overbroad -- Violates First Amendment Verizon Wireless Agrees to Pay $1 Million To Settle New York Attorney General Marketing Investigation Website Privacy Policy Applies to Telephone Sale Terms of Use Sufficiently Conspicuous to be Binding on Plaintiff