Court Finds Juvenile Delinquent Based on Allegedly Offensive Instant Messages — In re Alex C.

[Post by Venkat with additional comments by Eric] In re Alex C., No. 2009-399 (N.H. Supreme Court; Nov. 30, 2010) Rachel K.’s daughter ran away from home. In an effort to locate her, Rachel logged on to her daughter’s AOL…

Court Unlocks Allegedly Infringing Domain Name Based on Ineffectual Email Service — Station Casinos, Inc. v. Murphy

[Post by Venkat] Station Casinos, Inc. v. Murphy, 2:10-cv-01770-GMN-LRL (D.Nev.; Nov. 18, 2010) [pdf] Plaintiff, who operates a family of Station-branded casino hotels and owns the “STATION CASINOS” mark, brought suit against Ryan Murphy, alleging that a website accessible via…

Get Ready for a Rush of Facebooking Activity by Judges in Ohio

[Post by Venkat] Ohio Supreme Court (Board of Commissioners on Grievances and Discipline): Opinion 2010-7 (Dec. 3, 2010) I posted previously about Florida’s restrictive attitude toward Facebook friending by judges: “Is the Florida Bar Taking Facebook Friendship Too Seriously?” The…

Court: Search of Contents of Student Cell Phone Covered by Qualified Immunity — J.W. v. Desoto County School Dist.

[Post by Venkat] J.W. v. Desoto County School Dist., et al., 09-cv-00155-MPM-DAS (N.D. Miss.; Nov. 1, 2010) The Virginia Attorney General set off a small firestorm (e.g., “Should Teachers Be Searching Cell Phones?“) when he issued an opinion to the…

Court Holds Defendant in Contempt for Failing to Scrub Trademark Use From the Internet — TDC Int’l v. Burnham

[Post by Venkat, with comments from Eric] TDC Int’l v. Burnham, 2010 U.S. Dist. LEXIS 116741 (E.D. Mich; Nov. 2, 2010) TDC sued Burnham based on Burnham’s use of the “Quick and Easy Moving” mark, which supposedly infringed on TDC’s…

Message Board Operator Fights Discovery Order Requiring Broad Disclosure [Update] — Concerned Citizens for Crystal City v. City of Crystal City

[Post by Venkat] Concerned Citizens for Crystal City v. Crystal City, No. ED94135 (Mo. Ct. App.; Nov. 30, 2010) (amended order) I posted in October about a discovery dispute involving a message board operator who was subject to an overly…

Court Admits Google Earth Evidence, But Only for Demonstrative Purposes — State ex rel. J.B.

[Post by Venkat] State ex rel J.B., Case No. A-2228-08T4 (N.J. Ct. App.; Sept. 27, 2010) J.B., a juvenile, was convicted for burglary, robbery, and trafficking in stolen property (“a jar of coins, a samurai sword collection, and a laptop”)….

Court Finds That Threatening Video Posted to YouTube and Facebook Can Constitute a “True Threat” — US v. Jeffries

[Post by Venkat] US v. Jeffries, 10-CR-100 (E.D. Tenn) (Report and Recommendation; Oct. 22, 2010) Background: The defendant was charged with transmitting a video through interstate commerce which contained a threat to kill or injure a Knox County Chancellor. The…

Junk Fax Claim Fails Due to “Established Business Relationship” Exception — Cardinal Partners v. Fernandez Discipline

[Post by Venkat] Cardinal Partners, Ltd. v. Fernandez Discipline, LLC, Case No. L-10-1180 (Ohio Ct. App.; Nov. 19, 2010) Background: Toledo chiropractor Dr. William J. Houttekier II shared a fax number with Cardinal Partners (they both apparently had the same…

Apple Gets Partial Win in Case Alleging Copyright Infringement by iPhone App — Stewart v. Apple Inc.

[Post by Venkat] Stewart v. Apple Inc., 10-Cv-01012-RSL (W.D. Wash.; Nov. 08, 2010) (Order on Motion to Dismiss) (Complaint) (Answer) Martyn Stewart recorded a bunch of nature sounds, including bird sounds, which a third party developer allegedly incorporated into the…