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A blog about law and technology



Last Build Date: Tue, 23 May 2017 02:16:35 +0000

 



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 ... [Read more...]



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 ... [Read more...]



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 ... [Read more...]



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 ... [Read more...]



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 ... [Read more...]



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 ... [Read more...]



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 ... [Read more...]



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 ... [Read more...]



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 ... [Read more...]



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 ... [Read more...]