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…
Disclosure of the Substance of Privileged Communications via Email, Blog, and Chat Results in Waiver — Lenz v. Universal
[Post by Venkat] Lenz. v. Universal Music Corp., Case No. C 07-03783 JF (PVT) (N.D. Cal.; Oct. 22, 2010) [pdf] The “‘Let’s Go Crazy’ Dancing Baby” takedown case yielded an interesting discovery ruling. Universal (the defendant) argued that: “[plaintiff] made…
Request for Discovery of Facebook Profile and Photos Rejected as a Fishing Expedition — McCann v. Harleysville Insurance
[Post by Venkat] McCann v. Harleysville Insurance Co. (2010 NY Slip. Op. 08181) (Nov. 12, 2010) We’ve blogged about several decisions involving disputes around the discovery of social network profiles. An appeals court in New York recently rejected a party’s…
Melaleuca Files Second Lawsuit Following Dismissal of its CAN-SPAM Claims
[Post by Venkat] Melaleuca v. Hansen, Case 1:10-cv-00553 EJL (D.Idaho) (Nov. 10, 2010) I recently blogged about the dismissal of a CAN-SPAM case by a federal district court in Idaho. The district judge adopted the magistrate judge’s recommendation, and dismissed…
Holomaxx Sues Yahoo, Microsoft, and Others for Non-Delivery of Bulk Emails
[Post by Venkat] Holomaxx Technologies v. Yahoo!, Inc. and IronPort Systems, LLC, Case No. CV10-4926 (N.D. Cal.) [Scribd] Holomaxx Technologies v. Microsoft Corp. and Return Path, Inc., Case No. CV10-4924 (N.D. Cal.) [Justia Page] In what may fit under the…
Twitter Clarifies Usage Rules, but AFP Still Claims Unbridled Right to Use Content Posted to “Twitter/TwitPic”
[Post by Venkat] Twitter recently issued new guidelines regarding use of the “Twitter” and “Tweet” marks, and use of the underlying tweets by users and third parties as well: “Guidelines for Use of the Twitter Trademark.” The guidelines prompted some…
Another Federal Court Dismisses CAN-SPAM Claims Due to Lack of Standing – Melaleuca, Inc. v. Hansen
[Post by Venkat] Melaleuca, Inc. v. Hansen, No. CV 07-212-E-EJL-MHW (D. Idaho; Sept. 30, 2010) I blogged in June about a CAN-SPAM case in the District of Idaho involving CAN-SPAM and state law claims asserted by Melaleuca, a “multi-level marketing…
Holding on to a Domain Name to Gain Leverage in a Business Dispute Can Constitute Cybersquatting — DSPT Int’l v. Nahum
[Post by Venkat] DSPT International v. Nahum, Case No. 08-5506 (9th Cir.; Oct. 27, 2010) This case involves the familiar story of a company leaving the domain name registration in the hands of someone who performed web design services (in…
Spam Filter Excuse for Missing a Deadline Flies in the Northern District of Illinois — Pace et al. vs. AIG
[Post by Venkat] Pace et al. vs. AIG, 8 C 945 (N.D. Ill.; Nov. 1, 2010) As the court notes in this case, ‘I missed a deadline because I did not receive electronic notice of a filing’ is becoming the…