47 USC 230 Retrospective Conference Recap

By Eric Goldman Earlier this month, we had a major academic event on 47 USC 230. My notes are especially incomplete because I had lots of administrative duties that day. I didn’t get any usable notes from the introductory sessions…

Employee’s Twitter and Facebook Impersonation Claims Against Employer Move Forward — Maremont v. Fredman Design Group

[Post by Venkat Balasubramani] Maremont v. Susan Fredman Design Group, 2011 U.S. Dist. LEXIS 26441 (N.D. Ill.; March 15, 2011) As alleged in the complaint, Fredman is a prominent interior designer who runs the Susan Fredman Design Group (SFDG). SFDG…

FTC Online Endorsement Guidelines Strike Again – FTC Dings Legacy Learning Over Allegedly Misleading Affiliate Reviews

[Post by Venkat Balasubramani with some comments by Eric] In re Legacy Learning Systems, Inc., FTC File No. 102 3055 [FTC Release] [Complaint (pdf)] An FTC press release notes that the FTC settled with Legacy Learning over allegations that Legacy…

Jury Awards Damages Against Web Designer/SEO/Host on Contributory Trademark Infringement Theory–Roger Cleveland v. Prince

By Eric Goldman Roger Cleveland Golf Co. v. Prince, 2:09-cv-02119-MBS (D.S.C. jury verdict March 10, 2011 and judgment March 14, 2011). See also the jury instructions. I blogged about this case back in December. That ruling was a puzzling head-scratcher…

Intelius May be Liable for Deceptive Online Marketing Practices Based on Third Party Transaction at Checkout — Keithly v. Intelius

[Post by Venkat Balasubramani] Keithly v. Intelius, No. C09-1485RSL (W.D. Wash.; Feb. 08, 2011) A district court judge in Washington held that Intelius could potentially be held liable for allegedly deceptive marketing practices based on its making available third party…

How 47 USC 230 Improves Marketplace Efficiency

By Eric Goldman I have been working on a draft article currently titled “In Defense of 47 USC 230″ (I’m probably going to change the name). As part of our 15 year retrospective of 47 USC 230, I presented a…

Court Refuses to Set Aside Order Requiring Disclosure of Twitter Users’ IP Addresses

[Post by Venkat Balasubramani with some comments by Eric] In re: sec. 2703(d) Order; 10GJ3793; Miscellaneous Case No. 1:11dm00003 (E.D. Va. March 11, 2011) [pdf] A federal magistrate judge refused to vacate a previously issued order granting the government’s request…

Social Search Services Duel Over “Post Post” Mark — Boathouse Group v. TigerLogic

[Post by Venkat Balasubramani] Boathouse Group v. TigerLogic Corp., 10-12125-NMG (D. Mass.; March 7, 2011) Background: Boathouse developed a “social media search and curation application” called POSTPOST which it launched at postpo.st in August 2010. Its application allows users to…

Copyright Take-Backs? Supreme Court Grants Cert in Golan v. Holder

by Ethan Ackerman The Supreme Court has agreed to hear a long-running copyright dispute over a 1994 law that retroactively restored copyright in some expired foreign works. In what ScotusBlog is calling “a major test of copyright power,” the Supreme…

Google Not Liable for Suggested Vanity Searches–Stayart v. Google

By Eric Goldman Stayart v. Google, Inc., 2011 WL 855316 (E.D. Wis. March 8, 2011) Beverly Stayart (a/k/a Bev Stayart) has graced these pages so many times, I feel a little silly recapping her story yet again. The short story…