Court enjoins transfer of trademarks associated with domain name booty
1st Technology v. Bodog Entertainment Group, S.A., No. 08-0872, (W.D. Wash. September 30, 2008). After plaintiff 1st Technology won a $46 million default judgment against defendant BEGSA, 1st Technolo... 查看全文
Remembering
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Subpoena to university in P2P case must give time to notify parents
UMG Recordings, Inc. v. Doe, No. 08-3999, 2008 WL 4104207 (N.D.Cal. September 4, 2008) Plaintiff record companies, using Media Sentry, found the IP address of a John Doe file-sharing defendant, and fi... 查看全文
No CDA immunity for letting co-defendant use computer to post material
Capital Corp. Merchant Banking, Inc. v. Corporate Colocation, Inc., No. 07-1626, 2008 WL 4058014 (M.D.Fla., August 27, 2008) Professor Goldman points us to a recent decision in a case where the plaint... 查看全文
Veoh eligible for DMCA Safe Harbor
[Brian Beckham is a contributor to Internet Cases and can be contacted at brian.beckham [at] gmail dot com.] Io Group, Inc. v. Veoh Networks, Inc., 2008 WL 4065872 (N.D.Cal. Aug. 27, 2008) The U.S. Di... 查看全文
Slamming Wikipedia’s reliability not enough in immigration case
Badasa v. Mukasey,F.3d , 2008 WL 3981817 (8th Cir. Aug. 29, 2008) Illegal alien Badasa sought asylum in the United States. To establish her identity, she submitted to the Immigration Judge a laissez-p... 查看全文
Ninth Circuit: No personal jurisdiction over out of state eBay seller
Boschetto v. Hansing,F.3d , 2008 WL 3852676 (9th Cir. August 20, 2008) Hansing, a resident of Wisconsin, offered a 1964 Ford Galaxie for sale on eBay. Boschetto, a California resident, was the winning... 查看全文
Sender of DMCA takedown notice should consider fair use
Lenz v. Universal Music Corp., No. 07-3783 (N.D. Cal. August 20, 2008). [Download the opinion] Hat tip to Joe Gratz for breaking this story. One of the things that a person sending a takedown notice u... 查看全文
Google doesn’t have to pay $50 billion to defamation plaintiff
Steele v. Mengelkoch, 2008 WL 2966529 (Minn.App. August 5, 2008). Pro se plaintiff Steele sued Google in Minnesota state court for $50 billion because Google indexed an article which Steele though def... 查看全文
Pop-ups don’t amount to unfair competition in Utah case
Nor do they give rise to tortious interference. Overstock.com, Inc. v. SmartBargains, Inc.,P.3d -, 2008 WL 3835094 (Utah August 19, 2008) In 2004, Overstock.com sued its competitor SmartBargains in Ut... 查看全文
Listen to yours truly on This Week in Law
This Week in Law (TWiL) episode 16 is up, and its an interesting one. I was really happy to be part of a super deluxe panel comprised of host Denise Howell, Nicole Black, Marty Schwimmer and Ernie Sve... 查看全文
CFAA requires intent to cause harm, not merely intent to transmit
KalowSpringnut, LLP v. Commence Corporation, 2008 WL 2557506 (D.N.J. June 23, 2008) The federal Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §1030 et seq. creates civil liability for anyone who know... 查看全文
He was a trademark owner, she was a competitor, he would take her to court over keyword advertising.
In a lawsuit filed recently, Plaintiff Rosetta Stone Ltd. claimed that Defendants Rocket Languages Ltd. et al. infringed Rosetta Stone’s trademarks and engaged in unfair competition. The Plaintiff pro... 查看全文
Wouldn’t Privnote be better if it had a privacy policy?
Update (added 7/10): Privnote now has a Privacy Policy: https://privnote.com/privacy/ Last week ReadWriteWeb profiled Privnote, which provides a service that purportedly allows you to send messages th... 查看全文
Software distributor agreement violated New York’s Rule Against Perpetuities
McAllister Software Systems, Inc. v. Henry Schein, Inc., No. 06-0093, 2008 WL 922328 (E.D. Mo. April 2, 2008) This case came out about three months ago, and I should have blogged about it then but it ... 查看全文
Accused blogger did not cause substantial emotional distress
Ramsey v. Harman,S.E.2d -, 2008 WL 2415127 (N.C.App. June 17, 2008) Defendant Harman maintained a blog on which she put up some posts accusing plaintiff Ramseys daughter of being a bully. Harman also ... 查看全文
Statutory damages for copying competitor’s catalog on website
Silver Ring Splint Co. v. Digisplint, Inc., 2008 WL 2478390 (W.D.Va. June 18, 2008) Silver Ring and Digisplint are competitors in a niche industry, each producing and selling fine jewelry quality fing... 查看全文
Nominate one or more “Stars of the Blawgosphere” for upcoming Blawg Review
Jonathan Frieden over at E-Commerce Law will be hosting the Independence Day edition of Blawg Review which, in patriotic fashion will be themed 50 Stars of the Blawgosphere.Go here to make your nomina... 查看全文
Court tosses abuse of process claim brought by former file sharing defendant
Chan v. Priority Records, LLC, No. 07-15449, 2008 WL 2447147 (E.D. Mich. June 18, 2008) Priority Records sued Candy Chan for copyright infringement, claiming she used iMesh to download and trade music... 查看全文
Company’s own website provided evidence of claimed trademark’s genericness
Boston Duck Tours LP v. Super Duck Tours LLC, F.3d, 2008 WL 2444480 (1st Cir. June 18, 2008) Boston Duck Tours has been providing tours of Boston in amphibian vehicles (called ducks but spelled DUKWs)... 查看全文
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