IP Battle Between Jumpy House Manufacturers Isn't Bounced - WhatRU Holding v. Bouncing Angels

IP Battle Between Jumpy House Manufacturers Isn’t Bounced – WhatRU Holding v. Bouncing Angels

At any moment, a product manufacturer can find itself trapped in a tangled nightmare of IP infringement claims. In WhatRU Holding, LLC v. Bouncing Angels, Inc., a district court in Minnesota found personal jurisdiction over a defendant company that sold…

Teacher's Semi-Racy Facebook Photo Doesn't Justify Firing - In re Laraine Cook

Teacher’s Semi-Racy Facebook Photo Doesn’t Justify Firing – In re Laraine Cook

At what point does a teacher’s Facebook photo cross the line from humorous to inappropriate? Last December, an Idaho panel considered whether a teacher’s semi-racy photo justified the school district terminating her employment. See the photo in controversy at New…

Copyright Suit Over Second Life Terraforming Survives Summary Judgment, Then Settles -- FireSabre v. Linden

Copyright Suit Over Second Life Terraforming Survives Summary Judgment, Then Settles — FireSabre v. Linden

What happens when a virtual world designer sues for “unauthorized” use of a virtual “island?” In late September, a New York district court denied summary judgment and cleared the way for a full trial on a virtual world copyright infringement…

"Wiggin Out" Over a Wig Purchase Dispute Leads to Online Defamation - Sanders v. Walsh

“Wiggin Out” Over a Wig Purchase Dispute Leads to Online Defamation – Sanders v. Walsh

At what point does online mudslinging become actionable defamation? In September, an appellate court in California upheld a wig seller’s liability for defamatory statements made on online forums, focusing on the false factual nature of the claims. Cite: Sanders v….

Regional Trademark Owner Can't Block Junior User's Internet Presence--Dudley v. HealthSource (Catch-up Post)

Regional Trademark Owner Can’t Block Junior User’s Internet Presence–Dudley v. HealthSource (Catch-up Post)

[Eric's note: I hoped to blog this at Forbes last year and just ran out of time. The case addresses such a classic Internet trademark law question that it's worth sharing even at this late date.] Dudley v. Healthsource Chiropractic,…

eBay Not Liable for Technical Glitch When Seller Doesn’t Set Reserve Price — D’Agostino v. eBay

By Jake McGowan D’Agostino v. eBay, Inc., NO. A–5954–11T4 (N.J. Super. Ct. Sept. 13, 2013) To what extent is eBay liable for “lost profits” when a technical glitch makes a seller’s listing less appealing? This lawsuit is too weak to…

Multiple Listing Service Gets Favorable Appellate Ruling in Scraping Lawsuit

By Jake McGowan, with comments from Eric & Venkat Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Inc., 2013 WL 3722365 (4th Cir. July 17, 2013) This is a follow-up to our massive post on anti-scraping lawsuits in the…

Online Retailer Pays Minimum Damages When Taken Down Item Inadvertently Returns–Rosen v. Netfronts

By Jake McGowan Rosen v. Netfronts, CV 12-658 CAS (C.D. Cal. July 9, 2013) What happens when a website operator takes down a potentially copyright-infringing item, only to have it reappear through a technical mix-up? On July 9, a district…

“Heisman Pose” Photographer’s Lawsuit Whittled Down–Masck v. Sports Illustrated

By Jake McGowan Masck v. Sports Illustrated, et al., 2:13-cv-10226-GAD-DRG (E.D. Mich. June 11, 2013) Back in February, we blogged about photographer Brian Masck’s Shakespearean complaint, asserting copyright infringement claims (and others) against numerous defendants for using his famous “Heisman…

H1 2013 Quick Links, Part 4 (Miscellaneous)

By Eric Goldman and Jake McGowan CFAA/Trespass * My colleague Kyle Graham traces the early history of California Penal Code Sec. 502. * Andrew Sellars on the Aaron Schwartz prosecution and Rep. Lofgren’s proposed Aaron’s Law. Related blog post. Consumer Protection * Interesting…