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Preview: Internet Cases

internetcases



Legal developments involving the internet and new technologies



Last Build Date: Wed, 15 Nov 2017 19:50:46 +0000

 



Plaintiff could not have agreed to arbitrate claims over website before the website was even created

Tue, 14 Nov 2017 17:29:39 +0000

Ticketmaster.com terms of use did not govern claims arising from related ticket exchange website Plaintiff sued defendants Ticketmaster and Live Nation asserting violation of the Americans With Disabilities Act and a similar state law. He claimed that Ticketmaster’s NFL Ticket Exchange website did not provide information about wheelchair-accessible seating. Defendants filed a motion asking the […]



UDRP Panel finds three letter domain name was not registered and used in bad faith

Fri, 10 Nov 2017 06:01:35 +0000

(This is a cross post from UDRP Tracker.) UDRP complainant manufactures cameras used in science and industry, and claimed to be the sole user of the letters “PCO” in commerce. The respondent acquired the disputed domain name in 2008 and never established an active website there. The UDRP Panel refused to transfer the disputed domain […]



Anti-malware provider immune under CDA for calling competitor’s product a security threat

Thu, 09 Nov 2017 06:01:37 +0000

Plaintiff anti-malware software provider sued defendant – who also provides software that protects internet users from malware, adware etc. – bringing claims for false advertising under the Section 43(a) of Lanham Act, as well as other business torts. Plaintiff claimed that defendant wrongfully revised its software’s criteria to identify plaintiff’s software as a security threat […]



Facebook did not violate user’s constitutional rights by suspending account for alleged spam

Wed, 08 Nov 2017 06:01:31 +0000

Plaintiff sued Facebook and several media companies (including CNN, PBS and NPR) after Facebook suspended his account for alleged spamming. Plaintiff had posted articles and comments in an effort to “set the record straight” regarding Kellyanne Conway’s comments on the “Bowling Green Massacre”. Plaintiff claimed, among other things, that Facebook and the other defendants violated […]



Expedia’s online clickwrap agreement upheld

Tue, 07 Nov 2017 14:57:46 +0000

Plaintiff airline ticket buyer sued Expedia in court for, among other things, fraud, claiming that he was entitled to a refund of the price of his ticket because he had to cancel for medical reasons. Expedia moved to compel arbitration. The court granted the motion. It found that plaintiff manifested his clear agreement to the […]



Puzzling privacy analysis in decision to unmask anonymous accused copyright infringers

Mon, 06 Nov 2017 06:01:05 +0000

Plaintiff porn company sued an unknown bittorrent user (identified as John Doe) alleging that defendant had downloaded and distributed more than 20 of plaintiff’s films. Plaintiff asked the court for leave to serve a subpoena on Optimum Online – the ISP associated with defendant’s IP address – prior to the Rule 26(f) conference. (As we […]



Google can, at least for now, disregard Canadian court order requiring deindexing worldwide

Fri, 03 Nov 2017 14:14:39 +0000

U.S. federal court issues preliminary injunction, holding that enforcement of Canadian order requiring Google to remove search results would run afoul of the Communications Decency Act (at 47 U.S.C. 230) Canadian company Equustek prevailed in litigation in Canada against rival Datalink on claims relating to trade secret misappropriation and unfair competition. After the litigation, Equustek […]



Court allows Microsoft to unmask unknown Comcast users accused of infringement

Fri, 03 Nov 2017 05:01:30 +0000

A federal court in Washington state has given the green light for Microsoft to subpoena records from Comcast to discover the identity of the person or persons associated with an IP address used to activate thousands of unauthorized copies of Microsoft software. Generally, in federal court litigation, a party cannot serve discovery requests or subpoenas […]



Website liable for statutory damages and attorney’s fees for copyright infringement

Thu, 02 Nov 2017 13:30:55 +0000

Plaintiff photojournalism company sued defendant retail website operator for copyright infringement arising from the publication on the site of two celebrity photographs. Plaintiff moved for summary judgment on its copyright infringement claim. The court granted the motion. Infringement Claim Defendant argued that the copyright registration – which was a compilation of photographs taken over a […]



Confusing UDRP decision regarding proof required for showing of no rights or legitimate interests

Wed, 01 Nov 2017 16:48:57 +0000

(This is a cross-post from UDRP Tracker.) In the case of BroadPath Healthcare Solutions / Jerry Robertson v. Maria Piro / Nova Nordisk, a one-member NAF Panel held that the Complainant failed to meet the second UDRP element, namely, it failed to establish that the Respondent lacked rights or legitimate interests in the disputed domain […]