Follow me on Twitter for micro updates: @atraine. Legally Speaking: Recent Legal News About Search – What’s up with legal issues and search engines? That’s what this session is about – filling you in on the always changing developments. From click fraud to copyright to privacy, this session will hit all the major areas that are seeing legal action. Sit back – court is in session! Moderator: Sarah Bird, General Counsel, SEOmoz.org, Inc. Q&A Moderator: Barry Smyth, Director, Search Strategies Speakers: Travis Crabtree, Member, Looper Reed & McGraw, P.C. Eric Goldman, Professor, Santa Clara University School of Law David Mink, Chief Legal Counsel for Dream Systems Media, Dream Systems Media Clarke Walton, Attorney-at-Law, Walton Law Firm NOTES: Travis Crabtree, Member, Looper Reed & McGraw, P.C. Topic: Trademark Law for Internet Marketing To infringe you need to use their trademark in commerce. That means in connection with a sale. Consumer Confusion Factors:
- The strength of the mark.
- The proximity of the goods.
- The similarity of the marks.
- Evidence of actual confusion.
- Brooks vs. Field
- Google vs. American Blinds Keywords Case
- Use is a factor within keyword purchasing ads that shows use pursuant to pushing the case to trial.
- 1-800-Contacts case
- Geico vs. Google
- Izitron Case (not sure on spelling)
- Over 40 states now have security breach statutes?
- Mass. law makes it illegal to store data that is not encrypted, has to be sensitive personal information.
“It takes many good deeds to build a good reputation, and only one bad one to lose it.” Benjamin Franklin.Privacy is a really hot topic right now and focusing on protecting identity theft is a major focus from a government level right now. Mass. law, Nevada law, etc. There is a new Gov. agency dedicated to specifically this and overseeing the transfer of SPI. Clarke Walton, Attorney-at-Law, Walton Law Firm Topic: ICANN Updates for 2009 and New GTLDs What is a GTLD: Generic Top Level Domain Includes: .com, .net, .org, .edu, .cat, .biz, .info, .asia, .post, etc. These are different than country code TLDs. Possible new GTLDs could include: .hotel, .law, .sex, .vegas, .nyc, .google, .ebay, .facebook, etc. How to get a new GTLD going for you or your company, as ICANN is now opening the process to get approved for a GTLD. ICANN is creating an application process. This will be opening up during the last quarter of 2009. Interesting Issues:
- Applicant has to show community support to get it.
- Morality + Public Order…is .sex going to be ok?
- Possible relaxation of registrar/registry relationship.
- Same entity ownership may be allowed for new GTLDs.
- Is there a possibility of trademark infriction when you apply for your GTLD. There will be costs associated with that, like if Yahoo applies for a .google then Google has to object and bear the costs of that objection.