Q3 2012 Quick Links, Part 5 (E-Commerce, Miscellaneous)

By Eric Goldman and Jake McGowan E-Commerce * Noll v. eBay, 2012 WL 1413442 (N.D. Cal. April 23, 2012). The Complaint. eBay’s “Good ‘Til Canceled” fees survive a legal challenge. * Porras v. StubHub: StubHub not liable for tickets that…

Q3 2012 Quick Links, Part 4 (Facebook, Content Regulation)

By Eric Goldman and Jake McGowan Facebook * Facebook settles “Friend Finder” lawsuit. Prior blog post. * Two girls, ages 12 and 13, face felony for creating a fake Facebook account. * Facebook says ‘Likes’ are Free Speech in Sheriff…

Q3 2012 Quick Links, Part 3 (Advertising, Privacy, Consumer Protection)

By Eric Goldman and Jake McGowan Advertising * Marketing Land: Google Results Position: How Much is First Place Really Worth? * Tom O’Toole recaps the ubiquity of text messaging marketing by NHL teams…and their need to clean up their privacy…

Q3 2012 Quick Links, Part 2 (Copyright)

By Eric Goldman and Jake McGowan * Horrifying video evidence that the police probably grossly misused their police power to arrest Kim Dotcom. Related: Timothy Lee: Feds: We Can Freeze Megaupload Assets Even if Case Dismissed. My prior blog post….

Q3 2012 Quick Links, Part 1 (Trademarks/Domain Names, Patents, Trade Secrets)

By Eric Goldman and Jake McGowan Trademarks/Domain Names * AdAge: “Consumers Don’t Really Know Who Sponsors the Olympics.” This reminds us that trying to protect against “sponsorship confusion” is futile. For example: 16% believed Google sponsors the Olympics; and of…

Improperly Designating Fashion Designs as “Unpublished” May Invalidate Copyright Registration–Family Dollar Stores v. United Fabrics

[Post by Jake McGowan] Family Dollar Stores, Inc., v. United Fabrics International, Inc., No. 11 Civ. 2574 (S.D.N.Y. 2012) A few weeks ago, we blogged about whether websites are “published” for copyright law purposes in Rogers v. BBB of Metropolitan…

Another Blow to Banks in ACH Fraud Cases: Funds Transfers Act Preempts Indemnity Agreements — Choice Escrow v. BancorpSouth

[Post by Jake McGowan] Choice Escrow and Land Title, LLC v. BancorpSouth Bank, 10-03531 (W.D. Miss. Aug. 20, 2012) Asharkyu / Shutterstock.com Last month, we blogged about Patco v. Ocean Bank, where the First Circuit held that the bank may…

Buyers of Michael Jackson’s Assets from a Storage Locker Auction Can’t Set Up Paywalled Tribute Website–Branca v. Mann

[Post by Jake McGowan] Branca v. Mann, CV 11-00584 (C.D. Cal. Aug. 10, 2012) When a celebrity goes bankrupt or forgets to pay a bill for his/her physical-space storage locker, opportunists may swoop in and purchase the goods so they…

Is a Website “Published” for Copyright Law Purposes?–Rogers v. BBB of Houston

[Post by Jake McGowan, with comments from Eric] Rogers v. Better Business Bureau of Metropolitan Houston, H-10-3741 (Aug. 15, 2012) Vicente Barcelo Varona / Shutterstock.com In the realm of copyright law, evolving technological perceptions have led to doctrinal questions that…

6th Circuit Allows Police GPS Tracking on Prepaid “Burner” Phones — United States v. Skinner

[Post by Jake McGowan] United States v. Skinner, 09-6497 (6th Cir. August 14, 2012) If the name Stringer Bell means anything to you, you probably know what a “burner” is. The third season of The Wire saw aspiring drug runner…