Free Consultations for the Personal Injury Law

Any person who becomes involved in an accident and other similar situations should take the initiative to familiarize him or herself with the personal injury law. Disastrous occurrences have grown to become one of the leading reasons behind accidental injuries and there are instances when these injuries are even deadly. Unlawful acts towards someone can cause the person harm in terms of physical injury and the like and so the article aims to inform people about occurrences like these.

Human rights and the fulfillment of such rights are at the center of the civil law referred to as the personal injury law. When a person acts unlawfully and causes another person serious injuries, the latter can definitely sue the former for compensation settlements for the injuries sustained. People can be charged with liability claims under this ruling when the cause of the pain and suffering is an item or an action which the former is responsible for.

People who are the victims in a case of personal injury law are called by the legal term plaintiff as the complaints are being addressed. When a victim is not present on account of being fatally injured, his or her family then serves as the plaintiffs for the particular case. The people who have acted leading to the events of injuries for the victims are referred to as the defendants in the legal case.

Following the rules under the personal injury law a victim can easily win compensation if he or she has a highly qualified attorney by his or her side. When the lawyers of plaintiffs have strong evidence against the liable party the latter experiences the burden of being proven guilty. Best be sure to get the services of lawyers experienced in personal injury trials to ensure that those responsible will pay the price due their victims.

When it comes to personal injury law, a good case can easily be established in court considering that all primary elements are in their place. Two things need to be settled first and these are in relation to the extent of the liability of the person as well as how much damage was caused by their actions. Basically, the people need to know what caused an accident to happen or what the reason is behind the injuries or damages as well as how responsible is the defendant for what happened.

Many things will need to be considered through the legal process as stated in the personal injury law before the worth of all claims filed in court can be determined. The basis for these values for settlements primarily comes from the extent of damages that resulted from an accident including compensation for pain and suffering. A victim can usually incur expenses inclusive of medical and hospitalization bills, loss of income and employment due to the inability to work, as well as pain and suffering for some.

Pain and suffering can be compensated well if a victim chooses to apply the rulings under the personal injury law. Basic human rights are possessed by people and these should not be violated in any way regardless of power and societal differences. When applied the law can provide people with the knowledge of what needs to be done in order to assure that the human rights of their fellow men are not taken away from these people.

Every person should be mindful that any form of negligence can cause significant problems to people. People should immediately handle all concerns with regards to the personal injury law because they only have a limited time allowed to pursue claims. After this allotted time period, claims would be more difficult to pursue.

The protection of human rights is made possible by the personal injury law wherein wrongful acts against other people are not taken lightly especially when significant harm is caused. To know more about the ruling and the extent of claims that may be filed a person is encouraged to seek out legal counsel. Having adequate experience in such cases are important factors to consider for the lawyers to be hired.

Download The Curious Case Of Benjamin Button Movie – Free And Legal

One of the most anticipated movies of the year, The Curious Case of Benjamin Button, is a romantic drama. This movie is based on a short story written in the 1920s by F. Scott Fitzgerald and is about a person who is born in his eighties and ages backwards.
**To Download The Curious Case of Benjamin Button Movie visit the link in the resource box under this article.

The movie shows this persons journey from the end of World War I, into the 21st century and has a lot of touching and emotional moments.

Benjamin (Brad Pitt), starts his life as a unique child with unusual physical characteristics, such as a bald head, cataract, and hard of hearing. He also needs a wheel chair to move around. These physical characteristics of Benjamin force his father to abandon him. He then finds refuge in an old-age home, where Queenie (Taraji P. Henson), an Afro-American attendant raises him.

When twelve years old and looking like a seventy year old man, Benjamin falls for Daisy, a resident’s lovely red-haired granddaughter. However, he leaves home to travel the world on a tugboat steamer when he is seventeen. On returning home after World War II, Benjamin becomes reacquainted with Daisy who is now a rising dance artist. He travels after her from New York to Paris where he keeps facing rejections. The movie revolves about how they meet and start loving each other at the pinnacle of their youth.

A great and meaningful movie to watch, The Curious Case of Benjamin Button is directed by David Fincher and stars Brad Pitt, Cate Blanchett, Taraji P. Henson, Julia Ormond, and Jason Flemyng.

This Christmas, there is no need to spend huge sums of money to watch this movie in a theater. That too, with no guarantee of getting the tickets! Sit back and watch this movie in the luxury of your home. All you need to do is download The Curious Case of Benjamin Button movie from a good Web site and watch it at home. Well, this is just the tip of the iceberg.

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Pending Proposal Could Jail Michigan Parents For Educational Neglect

Under the law, parents are legally bound to their children until they reach 18 years of age. Guardians are required to provide for the mental and physical well-being of their young ones, as well as teach them the difference between right and wrong. Although this seems like a general definition of a good parent, experienced Childrens Protective Services defense lawyers in Michigan warn that a pending proposal in Detroit could place even more responsibilities on guardians, potentially resulting in jail time.

In the past few weeks, Detroit has been a hotbed of juvenile crime and violence. According to Wayne County Prosecutor Kym Worthy, this problem can largely be attributed to parents and their failing to be accountable for the actions of their children.

Currently, the Wayne County Prosecutors Office does penalize parents and guardians if their children miss an excessive amount of school. However, by the time the legal system gets involved, the student has already missed a substantial amount of class putting them even further behind. According to The Associated Press, hundreds of these cases are reviewed each year, but only around 50 result in prosecution. If a parent is convicted of Michigan educational neglect, the misdemeanor would be accompanied with a fine and up to 90 days behind bars.

Worthy cites the recent example of Demarco Harrisa then 12 year-old, arrested by police for murder. Law enforcement officials maintain that when they were looking for the young boy, one of the first places they searched was his parents home. When they knocked on the door at around 2:00 a.m. -when any juvenile should be home and in bed- the parents stated that they did not know where their son was.

Harris conviction of Michigan murder charges in May convinced Worthy that parental involvement in the schooling system was severely lacking, and could be a reason for the ever-present low attendance and graduation rates in Detroit. Should Worthys plan pass, parents in Wayne County would be required to attend at least one parent-teacher conference a year. If the first meeting is missed, a letter will automatically be sent requesting a new conference within 14 days. Should parents also miss the second meeting, they could face three days behind bars.

Although the ordinance has good intentions, it is very unlikely to become law because it could infringe on the parents civil rights. The executive director of Michigans American Civil Liberties Union, Kary Moss, believes such a proposal is inappropriately placed. A criminal justice solution is not the answer to complicated social problems, Moss explained, The last thing many families in dire situations need is more punishment by the criminal justice community. Theres established law already that governs child abuse and neglect, and that sets up the standard for involvement by the government in the familys affairs.

There are other opposing factors to consider when it comes to Worthys ordinance. While legislators in other states have attempted to pass similar proposals, all have failed to make it out of committee. In fact, there is no current legislation in existence that resembles what Worthy would like to see passed. Additionally, many parents are too busy working ensuring that there is food on the table for their family, let alone attend a parent-teacher conference. For many single parents in the city of Detroit, finding a way to attend a meeting with an educator can be a difficult and challenging task.

Even though Worthys proposal will likely fail like the others, it is nonetheless interesting to see how much responsibility is placed in the hands of parents. While it is true that the legal system requires parents to provide for their children, does that necessarily include forcing them to be involved in their education as well? Should hard-working guardians be sent to jail because they have missed a parent-teacher conference? Is this considered neglect?

For answers to these and other complex legal questions, it is important to seek knowledgeable Childrens Protective Services defense attorneys in Michigan for answers. Being suspected of poor parenting is a serious accusation that can have life-changing consequences, including fines, jail time, and even the termination of parental rights. Therefore, it is essential to be pro-active in finding assistance for your case, ensuring that your civil rights and family are well-protected.

How To Prepare For Your Meeting With A Probate Attorney

Are you getting ready to meet with an Orlando probate attorney for the first time? This first meeting can seem rather intimidating. After all, you’re discussing the property division of a deceased individual. It’s not light conservation by any means. However, if you are the executor of a will, meeting with a probate attorney is the best way to get the process moving forward so family members can gain access to their inheritance and you can fulfill your duty.

Questionnaires

Prior to meeting with the attorney, you may be asked to fill out a questionnaire. This will go over your relationship to the deceased and he or she may ask you questions about your legal authority to oversee the division of property. If you’re required to fill out a questionnaire, take your time and make sure you answer all the questions to the best of your ability.

Documents

When you meet with the probate attorney, you will need to bring certain documents with you to the meeting. These documents should be listed on the questionnaire or the attorney’s staff may verbally tell you which documents the attorney will need to see. Requested documentation usually includes copies of the following information:

Trusts or wills of the deceased
Deeds to all real property
Life insurance policies
Gift tax returns, if applicable
Trust agreements between husbands and wives if the spouse is the beneficiary
Public benefit statements for government programs like Medicaid or Social Security

Prepare Your Own Questions

If you’ve never been part of the probate process, you are certain to have many questions. When you meet with the probate lawyer for the first time, it is in essence an interview. You’re trying to gauge just how well this individual will be able to represent the interests of the estate you’re in charge of allocating to the deceased dependents based on his or her final wishes. The following examples are questions that you may want to ask of the attorney you are meeting with:

How many cases similar to yours has the attorney handled? Not all probate cases are the same. If the estate is rather large or you expect resistance from certain individuals unhappy with the way the inheritance was divided, you’ll want to make sure your attorney has the expertise to handle this situation.

Are there any foreseeable problems with your probate case? Attorneys are not psychic. However, legal professionals with the right amount of experience should be able to identify potential problems from the documents you show them and the way you answer their questions.

Will the attorney you’re meeting with be the presiding attorney over the case or will it be handed to another legal professional in the office? If another attorney will be handling the majority of the case, make sure you take the time to meet him or her to ensure that you feel comfortable with his or her background and ability to handle the case.

How long do you expect the case to take? Some probate cases are over and done with rather quickly, while others involve a lengthy process. Again, attorneys are not psychic, but they should be able to estimate a timeline based on the information you provide.

How does the attorney get paid for his or her services? As the executor of the will, you should not be expected to pay out of pocket for these services. Probate attorneys usually take a percentage from the estate. Make sure you are comfortable with the percentage you are quoted.

These are just a few examples of the kinds of questions you’ll want to prepare ahead of time before you meet with the Orlando probate attorney of your choice.

Use Mental Photography To Get Astounding Results With The Law Of Attraction

What is Mental Photography?

Mental Photography is your brain’s natural ability to tap into your own photographic memory. It’s a capability that everyone possesses and enables us to take in books and other information at a phenomenal rate. This process even leaves speed readers in the dust. In fact this advanced learning technique allows a person to take in new information about 100 times faster than the average reading speed. Even people with Dyslexia, ADD or ADHD can quickly master learning new information at amazing speeds.

Not only does Mental Photography help your brain process information at a faster rate, but it also enables us to retain the memory for life. Most of the things we read are forgotten within the first 48 hours. This learning system uses different pathways in your brain to help you process facts quickly and easily. More importantly, your brain will not forget. Information goes straight in and stays in long-term memory. They say it’s as if you read a book 100 times.

The process also helps you to become a lateral thinker. This ability helps a persons brain to solve complex problems that would ordinarily boggle the mind. Your brain’s thinking capabilities will improve exponentially.

Using Mental Photography can fully enhance your use of the Law of Attraction. According to the people at Zox Training Systems, by using Mental Photography, “You are actually turbo charging the part of your brain that works with The Secret Law of Attraction…To put your powers of manifestation 100% into hyper-drive.” What an intriguing possibility that is, hyper-driven manifestation.

The only limitations any of us have are our own negative thoughts. Our brains are fully programmable. The problem is most of us have been programmed with limited, negative thinking. It is proven by years of research that a brain can be reprogrammed. It doesn’t matter how old you are. You can achieve anything if you only think you can. The human brain can be programmed to eliminate negative thought patterns. Without this negativity a person can begin to move toward his/her own unlimited being. The power of the Law of Attraction along with your own enhanced mental powers can be life changing.

Astronaut, Edgar Mitchell says this about the technique, “What better way to be of service to our fellow humans and to simultaneously create a better life for ourselves than to introduce everyone to the benefits of the Subliminal Dynamics/Brain Management process?”

Mental Photography can help to use that huge area of the brain that normally goes untapped. Imagine how that could alter your world.

Fake Ids – Are They Legal Or Illegal

When it comes to fake IDs, there are two different kinds of identification that individuals seek out: illegal and legal. The illegal version of fake identification has long become a known activity as underage students usually wish to obtain such an item in order to gain access to bars and clubs. Fake IDs also come in handy when an individual wishes to pass as another individual to avoid legal action, such as getting arrested. Legally made and acquired fake IDs are often used as gag gifts for family or friends. Below you will find some of the things that separate legal and illegal false identification.

Legal Card Characteristics

One of the number one ways to break the rules regarding legal fake IDs is to attempt the duplication of a pre-existing identification card. The production, distribution, and purchase of fake IDs are legal because they do not fall under the guidelines pertaining to the infringement of copyright that identity cards may possess.

Overall, the public has the right to print and sell cards that could state anything from “Cheating Husband Investigator” to “Private Detective College ID.” Just because the details printed on a card are fake or stand for things that may not even exist, it doesn’t mean you are breaking the law by receiving, printing, or carrying such identification. When it comes to fake IDs, it is not the card itself that attracts the attention of law enforcement, but the manner in which the cardholder uses the identification. For example, it is illegal to use fake IDs (regardless of what they state) as a way to mislead others regarding your age or status.

Common Misuses of Fake IDs

Regardless of the details pertaining to a fake ID, the date of birth is one of the most vital pieces of information that allows cardholders to cross the line into illegal activity. Some of the frequent abuses of such identification include purchasing alcohol from a gas station when underage; buying cigarettes when under the legal age; and gaining entrance to a club or bar with an age limit that sells alcohol. When caught using a fake ID for the above purposes, the law may inflict legal punishment on the cardholder.

Crossing the Line

When considering the purchase of a fake ID that will not go towards illegal practices, there is a wealth of possibilities to consider. However, there is an assortment of cards and documents that companies are not allowed to make copies of, including fake or false passports, driving licenses, immigration cards and certificates, as well as fake national age identification.

A Review Of Attorney Gary P. Price And Lewis & Kappes Law Firm

Talk about ‘property’ and the first connection you are likely to make is ‘real estate,’ such as a house, a farmland, or a commercial building, that you can actually touch, feel, and live in. An intellectual property (IP) refers to something entirely different. Any idea that takes on a form and later finds expressions as a film, a book, a TV show, a game, or anything else that people play, watch, read, and recognize can be classified as IP. Trademarks, copyrights, trade secrets, patents, literature, music, and art are all intellectual properties. To put it simply, IP is a creation of imagination over which a corporation or an individual enjoys legal monopoly.

Incidentally, the term ‘intellectual property’ is also used to refer to those laws protecting such monopolies. These laws have been designed to uphold the rights of the owner of an IP. Cases related to violation of these laws can be quite complicated. For this reason, it is important to hire an experienced legal professional. This article reviews attorney Gary P. Price, who serves in the Lewis & Kappes law firm as a director in the intellectual property team and specializes in civil litigation, intellectual property, appeals, and mediation. A registered mediator, Mr. Price has vast experience in handling cases ranging from commercial litigation, personal injury, and premises liability to civil rights claims, anti-trust, and copyright infringement.

Education And Professional Experience

After completing his graduation and post-graduation from the University of Wisconsin, Gary P. Price followed up with a degree in law from the Indiana University. According to www.lewis-kappes.com, he has worked as law clerk in the Supreme Court of Indiana in addition to serving as an adjunct faculty in Indiana Central University, Butler University, and Indianapolis Law School. HIS wide experience has made him exceptionally proficient in the methodology of trial practice.

Gary P. Price has represented clients in the Federal District Court in the southern and northern districts of Indiana and the U.S. Court of Appeals (Seventh Circuit, Federal Circuit and Eleventh Circuit). He is currently affiliated with

* Indianapolis Bar Association * Indiana State Bar Association * Indiana Trial Lawyers Association * The Association of Trial Lawyers of America

Gary P. Price was honored as the Indiana Super Lawyer (general litigation) from 2004 to 2009 consecutively. He has also received the Appellate Advocacy Award (1977) and Woodward Fellowship (1978). Mr. Price has authored ‘Administrative Law’ and co-authored ‘Workmen’s Compensation.’

Notable Cases

The team of intellectual property lawyers at Lewis & Kappes, including Gary P. Price, has successfully handled several cases related to violation of intellectual property rights, misappropriation, and copyright infringement. The following are some of of the types of cases handled by this powerful legal team:

* They have negotiated licensing rights of copyrighted material and handled software licensing claims * They have defended clients in trade secret claims and secured damages for trade secret misappropriation * This team, including Gary P. Price, has successfully defended trademark infringement claims and secured registered trademarks * They have taken up patent infringement cases and resolved those by negotiation

The skilled team of intellectual property attorneys in Lewis & Kappes, including Gary P. Price, is empowered with extensive legal experience that makes them highly efficient in handling all kinds of cases related to intellectual property.

Importance Of Security And Confidentiality In Legal Transcription

Security and confidentiality are of prime importance in legal transcription. All legal files contain critical information that are not only vital to the success of the legal professional or law firm, but also contain details that could be exploited and used against the attorneys clients by others. That could bring about disastrous consequences for the clients of legal professionals.

Efficiency of Transcription Outsourcing

Legal transcription outsourcing can significantly help law firms and legal professionals streamline their functioning and save resources. A reliable transcription company offers accurate transcription of various kinds of legal documents including briefs, client letters, legal pleadings, court transcripts, conference calls, wire tap, general correspondence, trials, and law office recordings.

The transcribers, editors and managers of the legal transcription company are trained and experienced in all aspects and various branches of law, which is why they can help tackle all kinds of transcription challenges faced by attorneys, lawyers, other legal professionals, law firms and even businesses.

Security and Confidentiality Are Important

But all of that would be of little advantage if legal transcription services are not cost-effective and secure. Experienced transcription companies provide competitively priced plans customized according to the individual needs of client companies. There are also many high-tech security measures employed to provide clients with safe and accurate transcription.

Safety Features of Outsourced Legal Transcription

An experienced legal transcription company has high tech solutions to ensure security during the transcription process. Some of these processes and logical steps include:

Disabling of floppy drivers and all external drivers on the computers of the transcription company

Computer systems and databases of the company secured by password

Random checks of all files in computer systems conducted on regular basis

Legal transcription work and all data kept safe within the office

Security measures employed to prevent vandalism or theft of information

Sub-contractors not hired

Regular back-ups carried out of all the files, and all the file lockers secured by password

All antivirus software and firewalls updated on a 24-hour basis

Sophisticated 128-bit encryption used to secure all the files

Destroyed hard copies shredded within office premises

All employees are trained in the various security measures. They are not allowed to take away information in their drives, PDA, and laptops. In addition, employees are not allowed to carry any paper documents. Non-disclosure and confidentiality agreements are signed by all employees including transcriptionists, administrators, editors, and other staff members. All employees are checked while entering and exiting the office premises and all guidelines followed in securing delicate information. Technical evaluations are carried out on a regular basis and all necessary procedures are undertaken to ensure client confidentiality, document availability and data integrity. Round-the-clock security personnel are employed to ensure security and confidentiality of client data.

These features are proof that legal professionals can confidently hand over their legal files to transcription companies. The importance of security and confidentiality in legal transcription is never underestimated by the legal transcription company.

Is Law School Worth It Anymore

Personal anecdote: I have a friend, well call him Fletcher, who is considering enrolling in law school as soon as he finishes his undergraduate studies at Syracuse University. Ever since Ive known Fletcher, he has dreamed of pursuing a career in law. The field of law has changed over the years. At first he was looking to be a criminal defense attorney, one day he decided to pursue immigration law, then there was the year he thought he should specialize in copyright law. Right now, Fletcher is in ambition mode, and wants to primarily focus on constitutional law. That is he attends law school at all. His once unwavering enthusiasm has been somewhat tampered as his undergrad days come to a close. Many of his family friends have been working at steering him away from applying to law schools. Fletcher says he receives a few articles a week in his e-mail inbox from these people, all of which paint a gloomy outlook for law school students? Why, I asked myself and him. Shouldnt those who want to enroll in law school be encouraged? Sure, its a tough route, but doesnt it lead to one of the most lucrative careers an American possibly have?

The answer is that used to be true. That used to be true even as recently as 2007. That year was a record breaking year for law school graduates in search of employment. Many of these graduates were able to find entry level positions at some of the biggest law firms in the country, firms that offer a sizeable starting salary. This was the boom year. But like so many booms, a bust inevitably follows. This bust happened fairly quickly too. In March of 2012 alone, the legal industry lost close to 1,300. Thats on top of the staggering loss of jobs in 2011, which equated to 2,500. According to the National Association for Legal Career Professionals, only 87.6 of law school graduates are currently employed, the lowest that total has been since 1996. Of those currently employed, only 50.9% of them had careers at a law firm.

The decline in employment for law school students can be traced back to a few reasons. One of them is the general state of the American economy. The entire country is currently plagued by an unemployment epidemic. Even as jobs are steadily increasing, it is happening far too slowly. The unemployment rate has been slightly north of the 8% mark for the past year. The boom of 2007 is another reason that many recent law school graduates are having a terrible time finding work. Since so many of those top positions were filled only a few years back, the top candidates have been forced to seek employment at mid-level firms in smaller markets. This shakes all the way down to the mom and pop firms that employ two to ten attorneys. While graduates who are able to land jobs even at the latter firms are typically grateful to have been able to find employment at all, the salary is far lower than what they were anticipating on.

The looming problem for these graduates is the debt they are in the second they graduate. According to U.S. News & World Report, the average law school student graduates with a debt burden of $100,433, and this is a debt they have to start paying immediately. For a lot of recent graduates who cant find employment, paying the monthly fee is at best impossible. This exorbitant debt is largely attributed to the skyrocketing tuitions at law schools. Even schools listed in the bottom fourth of law schools have tuitions north of $37,000 per year.

People like my friend Fletcher are all of a sudden being dissuaded from pursuing law school. In the past, people have been dissuaded only because of the huge work load and a lack of passion. But for possibly the first time, there are monetary reasons as well. For more information about labor and employment or automobile accident lawyers, check these out.

Behavioral And Keyword-triggered Ads — Legal Update For Hot-button Internet Advertising Issues

Copyright 2009 Chip Cooper

Safire’s New Political Dictionary defines “hot-button” as follows: word or issue that ignites anger, fear, enthusiasm, or other passionate response.

Safire’s definition fits two Internet advertising issues – behavioral and keyword ads – perfectly. Two developments in the first few months of 2009 show how these hot-button issues are developing, and how they may ultimately impact Internet advertising in a fundamental way.

Behavioral Advertising

Relevance is a key concept in any advertising. With it, advertisers’ messages hit home with purchasers, and conversions increase. Without it, advertisers’ messages are wasted on blind eyes and deaf ears.

Behavioral ads take Internet advertising to a new level of relevancy. Behavioral technology tracks a user’s behavior on the Web, including sites visited, length of visits, content read, and searches made. All of this data is then analyzed and a behavioral pattern is produced for a user which classifies that user by his or her online demographic. Behavioral ad networks then serve targeted ads that are relevant to that online demographic.

Recent announcements by Google (with its AdSense network) and Facebook that they will begin serving behavioral ads has triggered increased interest in related privacy issues. The concerns: the lack of transparency regarding collection practices and the risk of disclosure of the information collected, particularly sensitive information.

The Federal Trade Commission (FTC) has shown interest in privacy issues related to behavioral ads even before the announcements by Google and Facebook. In November 2007, the FTC conducted a town hall discussion to discuss privacy issues raised by online behavioral advertising. Afterward, the FTC developed proposed principles based on comments received at the town hall discussions.

In February 2009, the FTC issued a staff report entitled “Self-Regulatory Principles For Online Behavioral Advertising” (Principles). The Principles are designed to encourage industry self regulation for the protection of consumer privacy in online advertising activities.

The new development for behavioral ads is that – if three U.S. Congressmen have their way – behavioral ads will move from self-regulation to regulation by a federal statute.

It’s interesting to note that the legislative effort is bi-partisan. Rep. Cliff Stearns (R.-Fla.), Rep. Rick Boucher (D.-Va.) and Rep. Joe Barton (R.-Texas) are working to present a bill to Congress that would regulate behavioral ads. Boucher has stated that websites participating in behavioral ads should be required to obtain explicit permission from a user, plus the requirement to disclose how they collect and use data.

Keyword Advertising

In the last four years or so, cases involving keyword-triggered ads have been hotly litigated. The dispute is now a familiar one — whether a search engine such as Google should permit pay-per-click advertisers to use keywords that are also a competitor’s trademarks for purposes of triggering their ads on a search results page.

Legal issues arise when a competitor purchases a competitor’s trademark as a keyword. The Lanham Act (Federal Trademark Act) prohibits any:

* “use in commerce”, and

* “likelihood of confusion”.

In order to prevail, a plaintiff must satisfy two of the foregoing elements.

The legal battle has focused on the “use in commerce” issue, with courts being hopelessly divided on the issue. Courts finding that keyword-triggered ads are a “use in commerce” favor plaintiffs (the trademark owners). Conversely, courts finding that keyword-triggered ads are not a “use in commerce” favor the defendants (the advertisers – search engines and their advertiser customers).

Until April 3, 2009, the 2nd Circuit (Connecticut, New York, and Vermont) has held that use of a trademark in keyword-triggered ads, provided the trademark is internal and not visible, does not amount to “use in commerce” – thereby favoring defendant-advertisers.

On April 3, 2009, the 2nd Circuit reversed its position on the “use in commerce” issue. In the case of Rescuecom v. Google, the 2nd Circuit ruled on a Motion to Dismiss that Google’s recommendation and sale of Rescuecom’s trademark to competing advertisers amounted to a “use in commerce”. Although this decision went against Google, Google may still prevail in the case if the court finds later that there is no likelihood of confusion.

It’s interesting to note that the majority of Circuit Courts have previously held that similar uses of a trademark amount to a “use in commerce”. Does the reversal by the 2nd Circuit signal a trend that could significantly favor trademark owners against advertisers and close the split among the Circuits? Possibly — and that’s why this decision is so important.

Conclusion

With the foregoing update, this is where we stand on the two hot-button issues of Internet advertising:

* behavioral advertising — although the status remains unchanged at present, there is federal regulation in the works that could impose significant privacy regulations in the near future; and * keyword-triggered ads — there’s still a significant split among the Circuits; however, the split has narrowed in favor of trademark owners due to the 2nd Circuit’s ruling in the Rescuecom v. Google case. The 2nd Circuit in its decision suggested that it would make sense for Congress to resolve this split with specific legislation in the future.

This article is provided for educational and informative purposes only. This information does not constitute legal advice, and should not be construed as such.