512(f) Claim Dismissed on Jurisdictional Grounds–Project DoD v. Federici

By Eric Goldman Project DOD, Inc. v. Federici, 2009 WL 4910320 (D. Me. Dec. 13, 2009) 17 USC 512(f) creates a cause of action for sending bogus copyright takedown notices. In a regulatory environment where service providers have itchy trigger…

Torrent Sites Induce Infringement and Lose DMCA Safe Harbor–Columbia v. Fung

By Eric Goldman Columbia Pictures Industries, Inc., v. Fung, 2:06-cv-05578-SVW-JC (C.D. Cal. Dec. 21, 2009) In a potentially significant ruling that got a little lost in the Christmas rush, a federal district court ruled on summary judgment that the “torrent…

Consumer Review Website Wins 230 Dismissal in Fourth Circuit–Nemet Chevrolet v. ConsumerAffairs.com

By Eric Goldman Nemet Chevrolet Ltd. v. ConsumerAffairs.com, Inc., 2009 WL 5126224 (4th Cir. Dec. 29, 2009) Introduction Citing 47 USC 230, today the Fourth Circuit upheld a 12(b)(6) dismissal of defamation and related claims against a consumer review website….

Pharma Company Avoids Injunction By Dropping Competitive Keyword Ads–King v. ZymoGenetics

By Eric Goldman King Pharmaceuticals, Inc., v ZymoGenetics, Inc., 2009 WL 4931238 (E.D. Tenn. Dec. 10, 2009). Seattle Trademark Lawyer has some background. This case involves the cutthroat (sorry) world of blood clotting drugs. King Pharmaceuticals sells bovine (cow) thrombin,…

November-December 2009 Quick Links, Part 2

By Eric Goldman Copyright * Want Ad Digest Inc. v. Display Advertising Inc. (N.D.N.Y. Sept. 3, 2009). A classified ads publisher wants to stop a competitor from republishing its classified ads. The court said that advertisers, not the publisher, generally…

November-December 2009 Quick Links, Part 1

By Eric Goldman Trademarks/Domain Names * Yahoo and Mary Kay settled Mary Kay’s trademark lawsuit over Yahoo’s email shortcuts. * uBID Inc. v. The GoDaddy Group Inc., No. 09-cv-2123 (N.D. Ill. Nov. 5, 2009). uBid’s anti-domain name parking lawsuit failed…

Ripoff Report Not Bound by Takedown Injunction Against User–Blockowicz v. Williams

By Eric Goldman Blockowicz v. Williams, 1:09-cv-03955 (N.D. Ill. Dec. 21, 2009) Last month, I wrote about the interaction between 47 USC 230 and FRCP 65. FRCP 65 says that anyone acting in concert with a litigant is obligated to…

Website Initially Denied 230 Dismissal But Gets It on Appeal–Shiamili v. Real Estate Group

By Eric Goldman Shiamili v. Real Estate Group of New York, Inc., 2009 WL 4842470 (N.Y. App. Div. Dec. 17, 2009) Unfortunately, I am only working from a short and opaque appellate memo. It appears that the defendant operated a…

Top Cyberlaw Developments of 2009

By John E. Ottaviani (Thanks to Eric for letting me post this list here!) [Eric's note: some of you may recall John, a regular blog guest contributor from 2005-07. It's great to have another contribution from him.] Eric will post…

Court Finds that SMS Spam Messages are Subject to the TCPA and Rejects First Amendment Defense — Abbas v. Selling Source, LLC

[Post by Venkat] Abbas v. Selling Source, LLC, Case no. 09 CV 3413 (N.D. Ill.; Dec. 14, 2009). I didn’t think there was much dispute as to whether SMS spam falls under the Telephone Consumer Protection Act, but Judge Gottschall’s…