Traditional jurisdiction concepts win on appeal; circuits reject radical approach and rule mere presence of Web site in forum is not sufficient

Article Abstract:

Court reluctance to base personal jurisdiction on the presence of a Web site in a forum is discussed. Several of the most recent federal court decisions considered whether maintaining a Web site on the Internet, accessible within the forum, is sufficient to support an exercise of general jurisdiction by the courts with that forum. The bearing of the interactivity of a site is also discussed.

Internet, Personal jurisdiction

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Striking a balance between linking and infringing; courts have barred linking to infringing sites, but only after defendants directly infringed

Article Abstract:

The possible interpretation of a hyperlink to a Web site containing infringing material as guilty of direct or contributory copyright infringement. Is discussed. The most recent rulings have found Web-based publishers linking with illicit sites guilty of the latter. The crux might be proving intent and effect in less extreme cases, given the likelihood of continued disputes in the rapidly expanding Internet world.

Management, Cases, Copyright, Copyrights

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Trademarks' landscape can be minefield; traditional ways of clearing and minitoring marks may not be sufficient to keep a client from infringing on rights of others

Article Abstract:

Possible trademark infringement liability resulting from the use of metatags is discussed. Suggestion of a third party's trademark by a search engine does not imply authorization of the trademark owner. Periodic searches of ones own trademarks in various search engines to determine possible use by other parties as metatags is well-advised.

Protection and preservation, Trademarks, Internet/Web search services, Search engines

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