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Preview: Internet Cases

internetcases



Evan Brown's blog about law and technology



Last Build Date: Wed, 07 Dec 2016 16:04:56 +0000

 



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 […]



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 TrumpEstates.com. 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 […]



Remembering

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 […]