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Preview: Internet Cases


A blog about law and technology

Last Build Date: Mon, 10 Jul 2017 05:01:28 +0000


Online terms of service restricting competitor access to website were unenforceable

Mon, 10 Jul 2017 05:01:28 +0000

If you are in the habit of reading online terms and conditions, you may have encountered a provision that looks something like this: You may not use the site to gain competitive intelligence about [Provider] to compete with [Provider] or its affiliates. A court recently held that a provision containing essentially this language was not […]

Reports to advertisers about website content were protected speech

Wed, 05 Jul 2017 19:49:38 +0000

Plaintiff sued defendant in California state court for trade libel and other business torts over confidential reports that defendant provided to its customers (who advertised on plaintiff’s website) characterizing plaintiff’s websites as associated with copyright infringement and adult content. Defendant moved to dismiss under California’s anti-SLAPP statute which, among other things, protects speech that is […]

Instagram DMCA case over removal of copyright notice moves forward

Thu, 01 Jun 2017 15:10:10 +0000

Linking to the source will not keep you out of copyright trouble. Defendant clothing company copied and cropped one of plaintiff photographer’s images, making plaintiff’s watermarked copyright notice no longer visible. Defendant posted the cropped version to Instagram and included a link to plaintiff’s Instagram post that contained the original image. Plaintiff sued for copyright […]

Eleventh Circuit requires copyright owner to obtain registration certificate before filing suit

Tue, 23 May 2017 02:16:35 +0000

Although an author owns the copyright in a work the moment he or she creates the work, a court will not hear a case over infringement of the work until the work is registered with the Copyright Office. Here is relevant language from the Copyright Act: [N]o civil action for infringement of the copyright in […]

UDRP complainant denied relief where disputed domain name also contained competitor’s trademark

Mon, 20 Feb 2017 06:01:08 +0000

A National Arbitration Forum panel denied relief to industrial manufacturer NSK (owner of the same mark) in a dispute over the domain name . The panel found that the complainant did not meet the first element under the Uniform Domain Name Dispute Resolution Policy (UDRP) – the disputed domain name was not confusingly similar to […]

Florida court rules that online seller’s terms and conditions were not enforceable

Thu, 16 Feb 2017 22:40:50 +0000

Beware the browsewrap. A Florida state appellate court recently held that an online seller’s terms and conditions, appearing in a “browsewrap” agreement linked-to from the bottom of its web pages, were not enforceable. Plaintiff, an online purchaser of defendant’s dietary supplements, sued defendant seller over liver damage plaintiff allegedly sustained from the products. Defendant filed […]

Ninth Circuit revives software download copyright infringement case

Sat, 11 Feb 2017 02:09:47 +0000

The main issue before the Ninth Circuit Court of Appeals in the case of Design Data Corp. v. Unigate Enterprise was whether the trial court properly granted summary judgment in defendant’s favor on the theory that one unauthorized download of a copy of plaintiff’s software was a de minimis infringement. The court held that the […]

Court stops former dealer and company spokesperson from using trademark in domain name

Wed, 07 Dec 2016 00:24:49 +0000

Plaintiff likely to succeed on merits of claim under Anticybersquatting Consumer Protection Act (ACPA). Defendant worked as a dealer, spokesperson and consultant to plaintiff. About the time she ended her relationship with plaintiff, defendant and another woman formed a competing business and registered several domain names comprised of plaintiff’s trademark or otherwise mimicking the domain […]

Quora gets Section 230 victory in the Tenth Circuit

Tue, 29 Nov 2016 00:53:55 +0000

Pro se plaintiff Silver filed suit in federal court in New Mexico against the online question-and-answer website Quora, alleging that statements made by two different individuals concerning his professional services were defamatory. Quora moved to dismiss, arguing that the immunity provisions of the Communications Decency Act, at 47 U.S.C. 230 shielded it from liability arising […]

Is a copyright registration required before filing an infringement lawsuit?

Thu, 24 Nov 2016 03:05:19 +0000

It depends on what court you are in. In the Western District of Wisconsin, you have to have the registration certificate in hand. Plaintiff photographer sued defendant sports memorabilia dealers for infringement of the copyright in a photo of Green Bay Packers quarterback Aaron Rodgers. Certain defendants moved to dismiss for failure to state a […]