June 2011 Quick Links, Part 2

By Eric Goldman Social Media * The Third Circuit issued its en banc rulings in Layshock v. Hermitage School District and J.S. v. Blue Mountain School District, both involving school discipline against kids who created fake MySpace profiles of school…

Site Moderators Weren’t Agents of the Site–Cornelius v. BodyBuilding.com

By Eric Goldman Cornelius v. BodyBuilding.com, LLC, 2011 WL 2160358 (D. Idaho June 1, 2011) This case involves a nutritional supplement called Syntrax, which is available for sale on an e-commerce site BodyBuilding.com. The site supports users comments and message…

Online Insurance Application Constitutes “Writing” for Purposes of Waiving Insurance Coverage for Medical Benefits–Barwick v. GEICO

By John Ottaviani Barwick v. Government Employee Insurance Co., Inc., 2011 Ark. 128 (March 31, 2011) [link] Although 47 states, the District of Columbia, Puerto Rico and the Virgin Islands have adopted the Uniform Electronic Transaction Act (UETA), we have…

Ninth Circuit: FACTA Does not Cover Emailed Receipts — Simonoff v. Expedia

[Post by Venkat Balasubramani] Simonoff v. Expedia, No. 10-35595 (9th Cir.; May 24, 2011) FACTA is a statute which requires merchants to truncate the customer’s credit card information on receipts that are “electronically printed.” Plaintiffs have brought claims against online…

Court Finds Webloyalty Rewards Program Disclaimers Sufficient to Defeat Misrepresentation Claims — Berry v. Webloyalty

[Post by Venkat Balasubramani] Berry v. Webloyalty.com, Inc., et al., 10-CV-1358-H (CAB) (S.D. Cal.; Apr. 11, 2011) This is another online membership program case. Plaintiff purchased tickets from movietickets.com using his debit card. He alleges that he was offered a…

Intelius Dodges a Bullet Over Allegedly Deceptive Online Marketing Practices — Hook v. Intelius

[Post by Venkat Balasubramani] Hook v. Intelius, 10-CV-239(MTT) (M.D. Ga.; Mar. 28, 1011) I mentioned a class action in Washington against Intelius over its online sales practices in a couple of weeks ago. (“Intelius May be Liable for Deceptive Online…

StubHub Denied Section 230 Defense in Scalping Case–Hill v. StubHub

By Eric Goldman Hill v. StubHub, Inc., 2011 WL 1675043 (N.C. Super. Ct. Feb. 28, 2011). My previous blog post in this case. This is a putative class action lawsuit against StubHub for violating North Carolina’s anti-scalping laws, which both…

March 2011 Quick Links, Part 2

By Eric Goldman Trademark * Apple is on the road to CrazyTown with its attempt to secure and protect trademark rights in “App Store.” Among the “highlights” this month: – it sued Amazon. Marty’s comments. The Justia page. – Microsoft…

Online Booksellers Get 47 USC 230 Immunity for Publisher-Supplied Marketing Collateral–Parisi v. Sinclair

By Eric Goldman Parisi v. Sinclair, 2011 WL 1206193 (D.C. D.C. March 31, 2011). The complaint. More source documents. Sinclair self-published a book that Parisi believes defamed him. The book showed up in Books-a-Million, B&N and Amazon. All of the…

Trademark Owner Gets Injunction Against Keyword Ad Campaign That Generated No Sales for the Advertiser

By Eric Goldman InternetShopsInc.com v. Six C Consulting, Inc., 2011 WL 1113445 (N.D. Ga. March 24, 2011) [I know the headline sounds like an April Fools joke, but no April Fools here…although, as I will show, this case definitely involved…