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Preview: Internet Cases


Evan Brown's blog about law and technology

Last Build Date: Fri, 16 Sep 2016 16:50:48 +0000


When can you use a competitor’s trademark in a domain name?

Fri, 16 Sep 2016 16:50:48 +0000

The recent case of XPO CNW, Inc. v. R+L Carriers, Inc. coming out of a federal court in Michigan tells the interesting story of one company opportunistically using its competitor’s trademark in a domain name to set up an employee recruiting website. The decision sketches out certain circumstances when this practice passes legal muster. The […]

Website operator faces copyright liability over use of allegedly infringing third party add-on

Thu, 15 Sep 2016 22:36:18 +0000

The recent case of Live Face on Web, LLC v. Biblio Holdings LLC illustrates some important risks of which any purchaser of third-party technology services or deliverables should be aware. The defendant in this case faces potential copyright liability (and the expenses associated with defending such claims) arising from technology that a third party vendor provided […]

Yelp not liable for allegedly defamatory customer reviews

Wed, 14 Sep 2016 05:01:37 +0000

In a recent case having an outcome that should surprise no one, the United States Court of Appeals for the Ninth Circuit has affirmed a lower court’s decision that held Yelp immune from liability under the Communications Decency Act (47 U.S.C. 230 – the “CDA”) over customer reviews that were allegedly defamatory. Plaintiff sued Yelp […]

Donald Trump wins smackdown victory in defamation and tortious interference lawsuit over domain name dispute

Sun, 11 Sep 2016 20:53:35 +0000

Donald Trump filed a UDRP action against plaintiff Stevens over plaintiff’s registration of the domain name While that action was pending, plaintiff filed a lawsuit against Trump, his organization, and his lawyers, asserting claims of defamation, tortious interference with business relations, and also seeking a declaratory judgment concerning cybersquatting. Trump moved to dismiss for […]


Sun, 11 Sep 2016 11:29:41 +0000

No liability for cable company that retained customer information in violation of law

Fri, 09 Sep 2016 16:39:51 +0000

Court essentially holds “no harm, no foul” in case involving violation of federal privacy statute. The case fails to provide an incentive for “privacy by design”. Can a company that is obligated by law to destroy information about its former customers be held liable under that law if, after the contract with the customer ends, […]

Cruz campaign still facing copyright and breach of contract liability over songs used in political ads

Thu, 14 Jul 2016 22:45:12 +0000

Court denies motion to dismiss copyright and breach of contract claims over songs used in YouTube and TV political ads. Months after Ted Cruz ended his presidential bid, his campaign, and the advertising company hired to create ads for the campaign, still face liability over two songs used in YouTube and television ads. A federal […]

Six things business owners should know about trademarks

Wed, 22 Jun 2016 17:48:58 +0000

#1 – Trademark law protects your brand. Trademarks are intellectual property. The different categories of intellectual property can be confusing, and as you are identifying and evaluating the different legal issues your business faces, you should seek to understand the role that each category plays. That way you can determine where you should focus your […]

No statutory damages in online copyright case where infringement continued after copyright registration

Tue, 05 Apr 2016 21:41:09 +0000

If a copyright infringement begins before the plaintiff registers its copyright, and continues after the date of registration, can the plaintiff recover its attorney’s fees and statutory damages for the infringement that occurs after registration? The U.S. District Court for the Southern District of Indiana recently considered that question in the case of Bell v. […]

Website operator not liable for copyright infringement despite lack of DMCA safe harbor protection

Sun, 03 Apr 2016 22:21:20 +0000

Online platforms that allow user-generated content should take advantage of the safe harbor provisions of the Digital Millennium Copyright Act (DMCA), which protect the platform in the event of a third party claim of copyright infringement over the user-generated content. But the recent case of BWP Media USA, Inc. v. T&S Software Associates, Inc., 2016 […]