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Use Wayback Machine with Caution: PTAB Excludes Website Printouts from Wayback Machine

In a decision on the patent owner’s motion to exclude evidence, the PTAB excluded certain website printouts from the Wayback Machine as lacking authentication. ...more

District Judge Rules That Website Must Accommodate the Disabled

Clients who distribute their products or services, in large part, through the use of the Internet should take note of a recent federal court decision under the Americans with Disabilities Act (ADA). If followed in other...more

Placement of Checkbox Can Make or Break a Clickwrap Agreement

The enforceability of a wrap agreement (browsewrap, clickwrap and shrinkwrap) can often turn on what to the untrained eye may be mere minutiae. Such minutiae can include the nuances of the design of a website. For example, in...more

Online Dating Site Hit with Anti-Spam Law Fine

On the heels of issuing its first Notice of Violation under Canada’s Anti-spam Legislation (CASL) earlier this month, the Canadian Radio-television and Telecommunications Commission (CRTC) announced today that Plentyoffish...more

Your Mom and the Courts Agree: Naked Online Pix are Not OK

Since the 1990s and the rise of the Internet and social media, each one of us has become increasingly aware of the risks and dangers of unwanted posts and how fast a “discreet” image can go viral....more

Alert: Website Terms and Conditions: A Call for Clarity

The UK House of Commons has highlighted the need for clarity of website terms and conditions in order to allow users to provide their "informed consent" to the terms....more

Website Terms of Use. You Need Them. Here's Why...

Terms of Use (TOU) are, in effect, a contract between the users and the provider of a website. In the “olden” days (like 1992!), when websites were static and information was simply transmitted from the provider to the user,...more

Federal Circuit Confirms That Advertising Your Services On A Website Is Not Use In Commerce

In Couture v. Playdom, Inc., the Federal Circuit held that the use of a mark on a website to offer services is not use in commerce sufficient to support an actual-use service mark application. As a result, the Court affirmed...more

Data for the Taking: Using Website Terms and Conditions to Combat Web Scraping

Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of...more

A Picture is Worth a Thousand Words - and Maybe $150,000!: Helpful Hints and Guidelines on the Use of Internet Images

A bank manager decides to update the bank’s website. The IT manager assigned the project wants to include photographs and images to enhance the information on the website. The IT manager uses several photographs from the...more

What Do Gripe Sites Have to Do with SCOTUS’s B&B Hardware Decision?

In December, the Supreme Court heard oral arguments in B&B Hardware v. Hargis Industries. The case addresses the level of deference to be given to decisions from the Trademark Trial and Appeal Board, if any. We’ve discussed...more

Incentivized Reviews Without Disclosure Get Panned by FTC

In the latest iteration of the Federal Trade Commission’s (FTC) approach to testimonials and endorsements in the context of online advertising, the Commission alleged that AmeriFreight, a company that arranges the shipment of...more

Don’t Forget About Domain Names

One aspect of intellectual property law that doesn’t get as much attention as it maybe should is domain names. For those of you internet-savvy readers out there (who I assume is most of you), you already know that domain...more

Adding SSL to Your Lawyer Website

Google announced last year (quite blatantly) that it would favor sites (all else being equal) that were secure for their users. That means that if two attorneys are competing for position in search and they are both...more

Are website terms of use enforceable?  [Video]

Phoenix business law firm Jaburg Wilk Intellectual Property and Internet Law attorney Maria Crimi Speth talks about website terms of use and discusses whether they are enforceable. For more information visit...more

Article 29 Working Party issues its Cookie Sweep Combined Analysis - Report

On 3 February, the Article 29 Data Protection Working Party published its ‘Cookie Sweep Combined Analysis – Report’. The sweep was undertaken by the WP29 in partnership with eight of the European data protection regulators,...more

The Attorney’s Technical Audit Checklist

Optimizing a site for search involves many tasks and it is easy to lose sight of what you are doing. Having a checklist to refer to saves time. Lawyers can find really great audit check lists all over the web and this one...more

Busting the top privacy myths

Those who think that privacy is dead these days might want to drop by the Walter Washington Convention Center in early March, for the International Association of Privacy Professionals’ Global Privacy Summit in Washington,...more

Solving the Legal Challenges of Trustworthy Online Identity

In this age of phishing, hacking, identity fraud, and other forms of cybercrime, answering two simple questions – “Who are you?” and “How can you prove it?” – is fast becoming a critical requirement for online business...more

Recommended SEO Tools for Lawyers

Optimizing a website for search is a long, tedious and very detailed process. It is important for lawyers doing their own SEO to use tools to keep track of how optimization projects are going. There are free tools, paid...more

New Digital Privacy Rights for Minors in California

As of January 1, 2015, a new California law grants several new privacy protections to California minors. See Bus & P C §§22580–22582. Most notably, one new provision (called the "Eraser Law") requires an operator of an...more

The FTC Did Some Kid-ding Around in 2014

2014 was a busy year for the Federal Trade Commission (FTC) with the Children’s Online Privacy Protection Act (COPPA). The FTC announced something new under COPPA nearly every month, including...more

Drone on Drones: Website Promises to Create “No-fly” Zones for Drones

A new website promises to allow property owners to establish a no-fly zone over their land by registering their address with an online database. “NoFlyZone.org” will then partner with drone manufacturers, which will add the...more

Tips for Finding a Good Law Firm Web Design Firm

Having a website designed and built is a lot like building a home. There is more than one way to accomplish the project and many people claim they can do it well. It used to be that lawyers did not have to put a lot of...more

A Winnable Fight Against Crimes In Cyberspace

California boldly made an example out of a felonious website owner who operated a website dedicated to shaming, embarrassing and harassing complete strangers. Following the first ever prosecution of the operator of a “revenge...more

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