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Martin Samson, author of the Internet Library of Law and Court Decisions

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Designer Skin LLC v. S & L Vitamins, Inc., et al.
Unauthorized internet reseller of plaintiff’s products is not guilty of trademark infringement, and does not cause actionable initial interest confusion, by using plaintiff’s trademarks in meta tags of website at which plaintiff’s and its competitors’ products are sold, and in...

Articles

[PDF] Internet & The Law - Where, Oh Where, Have My Employees Gone Online - New York Law Journal, September 25, 2006
The Anticybersquatting Consumer Protection Act: Key Information - New York Law Journal, September 12, 2005
Pruning the Gripe Vine - Corporate Counsel, January, 2005
[PDF] DMCA: Protecting the Providers - New York Law Journal, March, 2003
Click-wrap Agreement Held Enforceable - New York Law Journal, June 30, 1998

Lawyers have long opined that click-wrap agreements are enforceable contractual arrangements. In what appears to be the first judicial pronouncement on this subject, Hotmail Corporation v. Van Money Pie Inc., et al., C98-20064 (N.D. Ca., April 20, 1998), the United States District Court for the Northern District of California has agreed. Martin Samson discusses the case and its implications.

Reprinted with permission from the June 30, 1998 issue of the New York Law Journal. Copyright 1998, NLP IP Company. All rights reserved.

Hyperlink At Your Own Risk - New York Law Journal, June 24, 1997

This article discusses the potential liabilities and lawsuits one may face when creating a hyperlink to another's website without the permission of the owner of that site, particularly when the link either bypasses the home page of the linked to site, or captures its content within a frame on the site on which the link is created.

Reprinted with permission from The New York Law Journal, © 1997, all rights reserved.

Cyberspace - Here, There or Everywhere: A Study of Jurisdiction - New York Law Journal, December 2, 1996

This article reviews five recent court decisions which address the potential for being subject to personal jurisdiction in a distant forum based on contacts with that forum through the Internet.

Reprinted with permission from The New York Law Journal, © 1996, all rights reserved.

How To Conduct Business with An Eye Toward Litigation - New York Law Journal, January 18, 1996

Previously published in The New York Law Journal, January 18, 1996. This article weighs the pros and cons of memorializing events in writing as they occur, and concludes that the benefits of such a practice in any future litigation heavily favor its adoption as company policy.

Reprinted with permission from The New York Law Journal, © 1996, all rights reserved.

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