Podcasts

How the Roommates.com decision is good for Section 230

Posted on April 04, 2008
Earlier today the Ninth Circuit, en banc, issued its opinion in the case of Fair Housing Council of San Fernando Valley, et al v. Roommate.com, LLC. It is a long and detailed opinion, authored by Judge Kozinski, and as characterized by my friend Michael Erdman, leaves Roommates...

Argh.

Posted on April 03, 2008
Argh.

Blackberry and Twitter in a trademark tussle?

Posted on April 02, 2008
In April 2007, Twitter, Inc. filed application no. 77166246 to register the trademark TWITTER with the U.S. Patent and Trademark Office. (Twitter is the ever-more-popular tool that enables “friends, family, and co?workers to communicate and stay connected through the exchange of quick, frequent answers to one simple question: What are you doing?” It’s fun...

No CDA immunity for adult-oriented Web site in right of publicity case

Posted on April 01, 2008
Doe v. Friendfinder Network, Inc., — F.Supp.2d —-, No. 07-286, 2008 WL 803947 (D.N.H. March 28, 2008) Plaintiff Doe learned that a nude image and some biographical information about herself had been used to set up a bogus profile on the adult-oriented personal-ad Web site Adult Friend Finder...

To access this complete feed in the blog feed reader login or register for free.

1-800-SKI-VAIL found not to infringe VAIL ski resort mark

Posted on April 01, 2008
Vail Associates, Inc. v. Vend-Tel-Co., Ltd., — F.3d —-, 2008 WL 342272, (10th Cir. February 7, 2008) [Brian Beckham is a contributor to Internet Cases and can be contacted at brian.beckham [at] gmail dot com.] Vail Associates, owner of the incontestable service mark VAIL (which is used in connection with a wide variety of skiing and resort-related [...

New contributor to Internet Cases: Brian Beckham

Posted on March 26, 2008
I’m pleased to welcome Brian Beckham, the newest contributor to Internet Cases. Brian is currently based in Switzerland as a Case Manager with the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center. He’s licensed to practice law in Virginia, and while he was practicing in the states, he focused on trademark law (as [...

NASCAR beat to checkered flag in domain name dispute

Posted on March 26, 2008
Complainant NASCAR filed suit under the UDRP against The Racin? Connection, Inc. over the domain name . In the stock car racing business since 1948, NASCAR is a household name in U.S. motor sports. Its DAYTONA 500 attracted 30 million television viewers in 2007...

CD-ROM is not a computer

Posted on March 19, 2008
GWR Medical, Inc. v. Baez, No. 07-1103, 2008 WL 698995 (E.D.Pa. March 13, 2008) Now there’s a revelation in that headline. Plaintiff GWR Medical terminated defendant Baez’s position with the company. Baez took with him a CD-ROM containing training materials and, the company alleged, trade secrets...

Court lifts injunction off of Wikileaks

Posted on March 03, 2008
Court Lifts Injunction Against Web Site Accused of Posting Confidential Banking Documents [Bank Julius Baer & Co. Ltd v. Wikileaks, — F.Supp.2d —-, 2008 WL 554721 (N.D.Cal. February 29, 2008)] Switzerland-based Bank Julius Baer sued the Web site Wikileaks...

Alienware goes after ?free? computer offer

Posted on February 20, 2008
Alienware Corporation v. Online Gift Rewards, No. 08-1560, S.D.N.Y. (Filed February 14, 2008). High-performance computer manufacturer Alienware has filed suit against an online marketer alleging trademark infringement, dilution, and other theories of unfair competition...

New guide to open source issues

Posted on February 15, 2008
[Update: Thanks, Dad, for alerting me to the typo. It’s a relief to know I’ll always have at least one reader!]  The Software Freedom Law Center, one of the leading influencers in the free and open source software movement, has released what appears to be a helpful guide on understanding the legal issues associated with the [...

Sponsored listing trademark action survives motion to dismiss

Posted on February 02, 2008
T.D.I. Intern., Inc. v. Golf Preservations, Inc., (Slip Op.) 2008 WL 294531 (E.D.Ky. January 31, 2008) Plaintiffs T.D.I. International and XGD Systems sued their former employee Samson Bailey and his company Golf Preservations for, among other things, violation of the Lanham Act, 15 U...

Collection of commentary on the proposed Microsoft/Yahoo deal

Posted on February 01, 2008
Go here: http://micro-hoo.com

Network Solutions?s forum selection clause enforced

Posted on February 01, 2008
Doe v. Network Solutions, LLC, No. 07-5115, 2008 WL 191419 (N.D. Cal. January 22, 2008) Plaintiff Doe alleged violations of the Electronic Communications Privacy Act and similar California statutes when he discovered that personal and financial information about him had allegedly been obtained from a webmail account he established with Network Solutions...

Seeking a speaker for 2/19 event. Is it you?

Posted on January 31, 2008
I’m the vice-chair of the Chicago Bar Association’s Cyberlaw and Data Privacy Committee, and we have a meeting coming up at noon on Tuesday, February 19, 2008. Problem is, our speaker prospects are falling through.  If you can be in Chicago on 2/19 and would like to address a group of about 20-30 technology savvy attorneys on [...

Off topic: Sometimes I take this train

Posted on January 30, 2008
Click here if the video is not showing up in the RSS feed. Night before last I spent three hours on the train ride home. The video above shows the reason for the delay. The train I took that night was backed up and delayed while they sorted out the mess in Hinsdale...

Finding ATLAS COPCO and ATLAS CASPIAN confusingly similar, court awards in rem ACPA relief to unopposed plaintiff

Posted on January 30, 2008
Atlas Copco AB v. Atlascopcoiran.com, No. 07-1208, 2008 WL 149128 (E.D. Va. January 8, 2008) Unable to hail the overseas registrants of domain names, including atlascaspian.com and atlascopcoiran.com into a U.S. court, plaintiff Atlas Copco AB sought in rem relief against the domain names under 15 U...

Court rejects constitutional challenges to obscenity statutes in prosecution of adult website owner

Posted on January 29, 2008
U.S. v. Little, No. 07-170, 2008 WL 151875 (M.D. Fla. January 16, 2008) The operator of the Max Hardcore website was indicted under 18 U.S.C. §§1462 and 1465 for distributing allegedly obscene video files which agents downloaded in Tampa, Florida. Max Hardcore moved to dismiss the indictment, raising a number of constitutional challenges to the prosecution...

Damage under CFAA must involve some diminution of the system to be actionable

Posted on January 28, 2008
Garelli Wong & Assoc. v. Nichols, No. 07-6227, 2008 WL 161790 (N.D. Ill. January 16, 2008) A recent decision from the U.S. District Court for the Northern District of Illinois presents a pretty typical fact pattern (employee leaves with sensitive data to work for a competitor), but also gives some useful guidance on the scope of [...

Social networking evidence presents challenge in prosectuion over alleged threats made after Virgina Tech shootings

Posted on January 28, 2008
U.S. v. Voneida, 2008 WL 189667 (M.D. Pa. January 18, 2008) Professor Goldman kindly emailed me a copy of the U.S. District Court for the Middle District of Pennsylvania’s decision in the case of U.S. v. Voneida. This criminal prosecution arose out of some postings that defendant Voneida is alleged to have made on his MySpace [...

Filter maker says Apple?s trademark threats a bunch of hot air

Posted on January 23, 2008
“Lowest perceptive capabilities.” Is that code for “a moron in a hurry“? Chicago-based BlueAir, Inc. has apparently been getting some threats from Apple over BlueAir’s pending trademark registration for the mark AIRPOD, to be used in connection with desk top air purifiers...

Personal name must have trademark significance for protection under ACPA

Posted on January 23, 2008
Salle v. Meadows, No. 07-1089, 2007 WL 4463920 (M.D. Fla. December 17, 2007) Defendant Meadows thought that Plaintiff Salle owed him about $9,500.  He was apparently having some trouble getting paid, so he registered the plaintiff?s personal name as a domain name ? briansalle...

Anonymous alleged infringer identified with little substantive inquiry into infringement claim

Posted on January 22, 2008
[In re Subpoena Issued Pursuant to the Digital Millennium Copyrigt Act to: 43SB.com, No. 07- 6236, 2007 WL 4335441 (D. Idaho, December 7, 2007).] When the general counsel for Melaleuca, Inc. saw some negative content someone had posted about the company on the Web site 43rdstateblues...

TorrentSpy dinged for ediscovery violations

Posted on December 19, 2007
CNet News has a report on the decision here.  Download the court’s order here. Columbia Pictures v. Bunnell, No. 06-1093, (C.D. Cal., December 13, 2007).

Franklin Covey sues Lycos for posting of 7 Habits book

Posted on December 19, 2007
FranklinCovey v. Lycos, No. 07-cv-00974 (D. Utah, filed December 17, 2007). [Download the Complaint] FranklinCovey owns the copyright in the bestselling book The 7 Habits of Highly Effective People. It has sued Lycos, owner of AngelFire, for copyright infringement, claiming direct and/or secondary liability for the posting of an entire copy of the work online...

Court flushes septic company?s request for injunction in copyright suit

Posted on December 04, 2007
Biosafe-One, Inc. v. Hawks, — F.Supp.2d —-, 2007 WL 4212411 (S.D.N.Y. November 29, 2007) Back in 2005, industrial-strength septic system cleaning products company Bio-Safe One, Inc., needed a “jumbo mortgage,” so its president, one Jorgensen, did a web search for brokers and located Messrs...

Arizona state court adopts three part test for unmasking anonymous online speakers

Posted on November 28, 2007
Test adds an additional “balancing of the competing interests” element to the Cahill test Mobilisa, Inc. v. Doe, — P.3d —-, 2007 WL 4167007 (Ariz. App. November 27, 2007) Plaintiff filed suit in Washington state court against an anonymous (”John Doe”) defendant which it accused of violating the Computer Fraud and Abuse Act and the Stored Communications [...

Online purchaser not entitled to $1 hard drives

Posted on November 28, 2007
Perez v. Luu, — S.W.3d —-, (Tex. App. November 1, 2007). Perez sued Luu in Texas state court after Luu refused to fulfill Perez’s order of 100 hard drives that Perez ordered from Luu online. Luu’s website mistakenly listed the price of the hard drives as $1 each, when in reality Luu charged closer to [...

Booklocker.com on the copyright offensive in Maine

Posted on November 27, 2007
Booklocker.com, Inc. v. Sartain, No. 07-0176 (D. Me., Filed November 21, 2007). [Download the Complaint] Online, on demand book publisher Booklocker.com has filed a declaratory judgment action against Utah-based artist Julie Sartain, in response to a cease and desist letter Sartain sent to Booklocker alleging copyright infringement...

No spoliation sanctions for deletion of email where CD copies had been made

Posted on November 20, 2007
Bakhtiari v. Lutz, — F.3d —-, 2007 WL 3377215 (8th Cir. November 15, 2007) Not too many e-discovery (or any type of discovery) disputes get to the federal courts of appeal. But we have a recent decision from the Eighth Circuit that addressed the topic of “spoliation” when emails had been deleted...

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.