ADVERTISING

Federal Court Rules that Nonresident Website’s National Internet Marketing Campaign Is Enough to Establish Personal Jurisdiction in Forum State
August 10, 2012
Today, virtually every company has some form of web presence, and developing cutting-edge methods for interacting with potential customers may mean the difference between success and failure in the modern business world. In doing so, companies must carefully consider the potential consequences of increased connectivity with customers around the country, as the allure of offering a more interactive Internet experience may come at the cost of being subjected to expensive and unwanted litigation in jurisdictions located far from a company’s home offices.

Fan Sues NHL Team for Exceeding Consent Under the TCPA
August 9, 2012
In a recent case in California, plaintiff Fred Weiss filed a class action lawsuit alleging that the Pittsburgh Penguins violated the Telephone Consumer Protection Act (TCPA) and breached the terms of service for their text message notification program. The TCPA generally provides a cause of action where a marketer sends unsolicited calls to a mobile phone. The term “calls” includes text messages. The terms for the Penguins Mobile Media Club indicated that fans who signed up for the messaging program would receive a “maximum of 3 messages a week.” However, Weiss alleges that he received messages in excess of that limit.

New Jersey Amends Troubled Gift Card Law
August 1, 2012
A New Jersey Senate bill was recently signed into law, amending the state’s unclaimed property law as it relates to gift cards. As you may recall from our earlier alert, the law previously required all gift card distributors in New Jersey to collect, at a minimum, their patrons’ ZIP codes to determine their state of residence and to then send all unused revenue on cards purchased by or owned by New Jersey residents to the state after a dormancy period of two years. This law resulted in several companies, including American Express and Black Hawk Network, withdrawing their cards from the state and in litigation over the law. Now, the New Jersey Senate has stepped in with several amendments that serve to push back the enforcement of the most contentious part of the law—the ZIP code collection portion. While awaiting the state treasurer’s guidance on complying with the law, both American Express and the governor have petitioned to the US Supreme Court to take a stance on the constitutionality of the law as well.

DATA SECURITY & PRIVACY

7th Cir. Rules Chicago Suburb’s Parking Ticket Practice Creates Risk for ID Theft
August 31, 2012
The 7th Circuit recently ruled that a Chicago suburb’s policy of printing personal information such as an individual’s name, home address, date of birth, sex, height, and weight on parking tickets violates the federal Driver’s Privacy Protection Act (DPPA), thus reversing a lower court’s dismissal of a class action complaint over the practice. The DPPA governs the privacy of personal information gathered by state Departments of Motor Vehicles (DMVs) by prohibiting any person from knowingly obtaining or disclosing personal information from a motor vehicle record, unless done pursuant to certain specified purposes and in line with delineated restrictions. Therefore, disclosure of information from a driver’s license or DMV file may be considered a violation of the DPPA.

FTC Requests Comments to Additional Proposed COPPA Revisions
August 28, 2012
The Federal Trade Commission (FTC) is continuing its efforts to revise the rule it put in place to enforce the provisions of the Children’s Online Privacy Protection Act (COPPA). COPPA applies to web sites targeted at children that collect personal information directly from children or to web sites where the operator has actual knowledge that children under 13 are providing their personal information to the site. COPPA requires that web site operators notify parents and obtain their consent before collecting personal information from children under 13.

ENTERTAINMENT

New York Court Deals Poker Companies a Victory
August 31, 2012
Poker and casino companies rejoice! On August 21, 2012, U.S. District Judge Jack Weinstein came to the conclusion that poker is more of a game of skill than one of chance. The ruling, from the Eastern District of New York, certainly bolsters the hand of the companies that have been trying for decades to legalize online poker in the United States. In the case, U.S. v. Dicristina, the Judge entered a judgment of acquittal against a defendant who had been charged under the federal Illegal Gambling Business Act (IGBA) for operating a poker room out of the back room of a bicycle warehouse. The players were playing Texas Hold ‘Em and had to pay for a spot at the table. A portion of the pot was paid to the operator and the dealer.

The Online TV Streaming Debate Continues: Networks Sue BarryDriller.com
August 27, 2012
The debate over whether the streaming of broadcast television is legal has found its way to court again. On August 7, 2012, BarryDriller Content Systems Plc. (“BDCS”) launched its streaming service on the website www.barrydriller.com. Three days later, on August 10, 2012, NBCUniversal LLC, American Broadcasting Companies, Inc., CBS Broadcasting Inc., and Fox Broadcasting Inc., sued BDCS for copyright infringement. Fox Broadcasting Inc. also brought a claim for trademark infringement.

Seventh Circuit Confirms that South Park’s Parody of Sexually Suggestive Viral Video Is Protected by Fair Use
August 3, 2012
The producers of the popular Comedy Central television program South Park have again emerged victorious in their dispute against Brownmark Films, LLC, which had filed a federal copyright infringement suit in 2010 alleging that the studios’ replication of its copyrighted music video in a 2008 South Park episode titled Brownmark Films to damages and injunctive relief. Brownmark Films, LLC v. Comedy Partners, No. 11-2620 (7th Cir. June 7, 2012). A unanimous panel of the US Court of Appeals for the Seventh Circuit upheld the dismissal of the suit, ruling that the parody shown in the South Park episode was protected by the fair-use doctrine.