Stay current on intellectual property law within the shifting boundaries of the internet  

Main Volume Information

Intellectual Property Law in Cyberspace, Second Edition, co-published with the American Intellectual Property Law Association, is the critical resource practitioners need to protect and enforce clients' IP rights as they relate to the internet.

The treatise offers the most up-to-date information on this cutting-edge area of law, with discussion of such important topics as how the domain name system works, the latest on dispute resolution policies, and new registration options-plus step-by-step instructions on registering domain names under various registration proposals; administrative dispute resolution policies proposed and implemented by domain name registrars-and how to protect registrations from challenges; and the application of trademark law to internet concepts such as metatags, hyperlinking, framing, and spamming.

The Second Edition provides important insight on using and protecting copyrighted and trademarked works on the internet. It also contains an in-depth discussion of protecting content online, including trade secrets; an examination of new wrinkles in legal technology, such as the intellectual property issues raised by email, blogs, podcasts, news aggregators, and online search tools; updated analyses of jurisdictional issues and the internet; and a chapter devoted to the proliferating legal issues surrounding online gaming and virtual property.

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Supplement Information

The new 2012 Cumulative Supplement  discusses important updates in cyberspace developments, in the courts and on Capitol Hill, including:

• The Rosetta Stone decision, in which the Fourth Circuit reversed summary judgment rulings in Google's favor on the issue of direct trademark infringement, contributory infringement, and dilution claims, revisiting the question of whether using trademarks to trigger sponsored links can cause actual consumer confusion
• The Ninth Circuit's ruling in Network Automation Inc. v. Advanced Systems Concepts—involving the sale of a trademark by search engines, most prominently Google AdWords and Microsoft Bing, to trigger links sponsored by a competitor-in which the court distinctly rejected the application of the "Internet trinity" or "troika" factors of Brookfield as the test for trademark infringement
• A California federal district court's review of the case history and law involving the copyrightability of computer programs via a thorough analysis of application program interfaces, or APIs, in Oracle America v. Google
• A decision from the European Union's highest court in May 2012, SAS Institute, Inc. v. World Programming Ltd., which reaffirmed the legality of reverse engineering on an international scale
• Two recent bills introduced in Congress that reflect growing concerns over what should be considered permissible with respect to accessing a person's email

The 2012 Cumulative Supplement provides an updated survey on internet jurisdictional and notice issues, including those involving Facebook, from a New York federal district court's decision in Fteja v. Facebook, Inc., to a California federal district court's rejection of Facebook's motion to dismiss in Fraley v. Facebook, Inc. It offers a new subsection discussing browsewrap/clickwrap hybrid developments; analyzes the steps taken by the social website, Pinterest, to protect itself from allegations of copyright infringement when a user creates online collections, or pinboards, of images, including copyrighted images; and discusses the Obama Administration's introduction, in February 2012, of a "Framework for Protecting Privacy of Consumer Data in Digital Economy," concerning how private-sector entities handle personal data in online commercial settings.