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Internet litigators need to be aware of an often overlooked California domain name statute. California Business and Professions Code section 17525 states that "It is unlawful for a person, with a bad...
View ArticleDilated Media, LLC Sues Yahoo! in Trade Secrets Litigation
Trade secrets litigators may wish to pay attention to a recent trade secrets lawsuit filed by a California Internet marketing company, Dilated Media, LLC, against Yahoo. The suit concerns Yahoo...
View ArticleImportant New P2P Copyright Infringement Ruling
As a copyright infringement attorney, I am always on the lookout for important Internet copyright infringement cases. Eric Goldman recently commented on the case of David v. CBS Interactive, Inc. In...
View ArticleTaco Bell Not Liable Under TCPA For Franchisees' Text Message Campaign
As a lawyer who has handled mobile marketing and TCPA lawsuits, I was quite interested to read the recent summary judgment order in the case of Thomas v. Taco Bell. The court held that Taco Bell was...
View ArticleNetworks Sue BarryDriller.com for Copyright Infringement
Both Barry Diller's Aereo website and a similar streaming website called BarryDriller.com have been sued for copyright infringement by many major networks. These sites allow streaming of local and...
View ArticleMany Twitter Followers Could Be Fake
Previously, I have written about the monetary value of Twitter followers with respect to litigation where plaintiffs bring various claims based upon an alleged theft of such followers. Defendants in...
View ArticleSummary Judgment in Trademark Infringement Cases
Trademark infringement cases require a fact intensive analysis. As such, summary judgment is often disfavored. The recent 9th Circuit reversal of a defense summary judgment ruling in the trademark...
View ArticleSettlement Rejected in Class Action over Facebook’s “Sponsored Stories”
Facebook and the attorneys in a class action suit over the use of user names and pictures in connection with “Sponsored Stories” are back at the negotiating table after their request for preliminary...
View ArticleSingle Publication Rule Downs Chuck Yeager’s Right of Publicity Claims
This week the Federal Court of Appeals for the Ninth Circuit affirmed the lower court’s judgment against famous aviator Chuck Yeager in his suit against an online memorabilia seller. The lower court...
View ArticleProposed Federal Anti-SLAPP Statute
As a California anti-SLAPP attorney, I found professor Eric Goldman's recent article on proposed federal anti-SLAPP legislation interesting. I am not sure that federal legislation is desirable but I...
View ArticleScraping Lawsuits and Copyright Claims
Professor Eric Goldman had an interesting post recently recapping the growth of scraping lawsuits in the e-real estate industry. Web scraping, in simplest terms, is the practice of harvesting data...
View ArticleVideo Game and App Cloning Litigation Heats Up in 2013
The EA v. Zynga and Triple Town v. Yeti Town cases are ushering in a new wave of cutting edge copyright litigation in the games and apps space. The video game space is notorious for copying or cloning...
View ArticleTetris Wins Landmark Game Cloning Lawsuit
Copyright gaming infringement litigation attorneys should take note of a recent victory by Tetris over a defendant accused of cloning its game. Xio Interactive, Inc. made a cloned copy of Tetris and...
View ArticleYoutube Posts Another Victory Against Viacom
Youtube scored a summary judgment victory against Viacom this week in the Southern District of New York. The Court found that the DMCA's 512 safe harbors preclude liability. Copyright infringement...
View ArticleObtaining Attorneys Fees After a Successful Motion to Quash
Many times companies or individuals file John Doe defamation lawsuits against anonymous defendants for internet based criticisms. Inevitably, the plaintiff must serve subpoenas to various Internet...
View ArticleSearch Engines Give Greater Scrutiny to Removal Orders
Reputation management attorneys will want to review Professor Eric Goldman's excellent recent analysis of court orders commanding the removal or de-indexing of defamatory internet postings. In the...
View ArticleContributory Trademark Infringement Claims on Summary Judgment
In the context of a plaintiffs’ motion for summary judgment on contributory infringement claims, denial is particularly appropriate where there are disputed facts and inferences regarding the ability...
View ArticleInternet Defamation Jury Trial Victory
Internet defamation attorneys Erik Syverson and Steven Gebelin of Miller Barondess, LLP recently scored a jury trial victory representing the Plaintiff against Dr. Adam Dorin, Orange County Superior...
View ArticleFacebook App Store Trademark Dispute
Apparently, Facebook may have a trademark dispute on its hands regarding the word mark "paper". Read here for the details of the trademark dispute.
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