 | Open For Business Newsletter |  | | March 15, 2011 FindLaw.com Open For Business Newsletter |
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HIGH PROFILE CASES: ADVERTISERS ARE FREE TO BUY SEARCH ADS WITH RIVAL'S TRADEMARK
(FindLaw's Decided) - The 9th Circuit recently determined that it is not de facto trademark infringement when a company purchases a competitor's trademark as a keyword. That way, the company's product will show up under a search engine's sponsored links when a user searches for the competitor's product. Network Automation owns AutoBase, while Advanced Systems Concepts owns ActiveBatch. Both products are scheduling and management software and are direct competitors.
| FEEL FREE TO BUY YOUR RIVALS' KEYWORD SEARCH AD
(FindLaw's Free Enterprise) - We spend a lot of time here at Free Enterprise discussing intellectual property--why you should register, how to protect it, and how not to infringe upon another's. This is especially true in the case of the Internet. Luckily for businesses, the 9th Circuit is providing a bit more leeway in the field of Internet advertisement--specifically in the context of search engines.
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NEWS: TECH COMPANIES PITCH IN ON EARTHQUAKE RESPONSE
(AP) - Google Inc., Twitter, Microsoft Corp. and other U.S. technology companies are finding ways large and small to help out in the wake of last week's earthquake in Japan and the resulting tsunami. Google put together an online "person finder" database in Japanese, English, Korean, Chinese and Portuguese for people who are either seeking information about a missing person or have information to provide about someone affected by the disaster.
| RISING FOOD PRICES: MORE RESTAURANT BANKRUPTCY
(FindLaw's Free Enterprise) - As if eating out wasn't already expensive enough, U.S. restaurants are now facing the challenge of record-high food prices. A rise in food costs is problematic because consumers are alright watching their money, restaurants have high levels of debt, and profit margins are razor thin. In just the last year, Fuddruckers, Charlie Brown's Steakhouse and Uno Chicago Grill Pizza declared bankruptcy, and more are likely to follow, Reuters reports. And with the increase in food prices, 2011 could be even worse, with companies like Sbarro, El Pollo Loco, Perkins & Marie Callender's Inc, already on the brink.
| HOW THE FUJITSU SCANSNAP S1500 CAN HELP YOU GO PAPERLESS
(FindLaw's Technologist) - Lots of attorneys talk the talk about "going paperless," but if you want to walk the walk, you need a serious tool to get it done. For a growing number of attorneys, that tool is the Fujitsu ScanSnap S1500, or its Mac brother, the S1500M. The ScanSnap is a stand-alone scanner that is fast, comes with amazing software and makes going paperless super efficient and easy. You can load a whole stack of double-sided documents, even in different shapes and sizes, and the ScanSnap does all the work for you.
| JUDGE TO RULE ON BORDERS EXTENSION REQUEST
(AP) - A judge on Tuesday will rule on whether Borders can have more time to determine how many additional stores it should close as it reorganizes under bankruptcy protection. Borders said in February, when it filed for Chapter 11 reorganization, that it planned to close 200 stores. It now seeks to close up to 75 more, although the company says the number is likely to be closer to 20 to 25.
| APPEALS COURT: FINANCIER STANFORD STAYS IN JAIL
(AP) - A federal appeals court is refusing to allow Texas financier R. Allen Stanford to post bond and be released from jail while he awaits trial on what prosecutors say was a huge Ponzi scheme. The New Orleans-based 5th U.S. Circuit Court of Appeals said Monday it doesn't have jurisdiction in the matter. Stanford's lawyers argued to the court two weeks ago he should be freed to help with his defense.
| CAN I BE SUED OVER AN EMPLOYEE'S CRIMINAL RECORD?
(FindLaw's Free Enterprise) - If you've seen the recent headlines about Michael Hershey--a car salesman charged with murder for ending a test drive with a flipped car and a dead customer--then you've probably been wondering about employer liability for employees with criminal records. Hershey had a long history of reckless driving, DUIs, and harassment, making him ill-suited to conduct test drives, reports The Inquirer. The family is now suing the car dealership for its failure to disclose Hershey's driving record and for permitting him to get behind the wheel. Employer liability is most often sought in cases where an employee committed some negligent act while on duty.
| TARGETING DISTRACTED DRIVING ON COMPANY TIME
(FindLaw's Free Enterprise) - Concerned about distracted driving on company time? Well, you should be. Whether or not an employee is in a company car, he's at work. This means that his distracted driving may be your legal responsibility. And with distracted driving causing nearly 20 percent of harmful car crashes, it's a big responsibility to bear. Enter ZoomSafer, an application designed to help you protect your business and target distracted driving amongst your employees. A large chunk of accident-related deaths and injuries can be attributed to cell phone usage, which is just the type of distraction ZoomSafer, and its sister application FleetSafer Vision (FSV), aim to prevent.
| RECENT CASE SUMMARIES: GRAPEVINE IMPORTS, LTD. V. US, 2008-5090
(U.S. Fed. Cir.) - In a tax dispute involving the propriety of an administrative adjustment, judgment by lower court that administrative adjustment of 1999 partnership return by plaintiffs was time-barred, is reversed because new Treasury regulations are entitled to deference.
| US V. ERIKSEN, 10-30056
(U.S. 9th Cir.) - Conviction and sentencing of defendants stemming from their misappropriation of employee 401(k) contributions to pay their company's operating expenses, 18 U.S.C. sections 664 and 1027, is affirmed where challenge by defendants on the grounds of insufficiency of evidence fails.
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