Geographic Trademark Leads to Interesting (& Tortured) Injunction–Skydive Arizona v. Quattrocchi
By Eric Goldman Skydive Arizona, Inc. v. Quattrocchi, 2010 WL 1743189 (D. Ariz. April 29, 2010). A jury found that the defendants had committed trademark infringement, false advertising and cybersquatting and awarded $2.5M in damages, which the judge doubled. Unfortunately,…
Updates to the Outed Judge-Commenter’s Lawsuit Against the Plain Dealer — Saffold v. Plain Dealer
[Post by Venkat] I posted a while ago on the lawsuit brought by Judge Saffold against the Plain Dealer newspaper where she alleges the newspaper improperly outed her as a commenter in breach of its privacy policy. A few updates:…
Brazil’s Proposed Internet Regulation–an Update (That’s Actually Good News) (Guest Blog Post)
by Guest Blogger Marcel Leonardi Some fantastic news: in response to the waves of criticism toward the proposed notice and takedown regime that might have curbed online speech in Brazil – see my prior blog post – the Brazilian Ministry…
Asis Internet Awarded $2.5mm on CAN-SPAM Claims — Asis Internet v. Rausch
[Post by Venkat] Asis Internet Servs. v. Rausch, Case No. 08-03186 EDL (N.D. Cal.) (May 03, 2010) Asis Internet was recently awarded summary judgment on its CAN-SPAM claims which it brought against a business known as “Find a Quote.” Although…
Troubling Ruling About 47 USC 230 and Moderators–Cornelius v. DeLuca
By Eric Goldman Cornelius v. DeLuca, 2010 WL 1709928 (D. Idaho April 26, 2010) I blogged about this case last year. In that post, I described the situation: DeLuca runs bodybuilding.com, a fitness website and online retailer. The plaintiffs sell…
Agence France-Presse Claims Twitter’s Terms of Use Authorize Its Use of Photographs Posted to TwitPic — Agence France-Presse v. Morel
[Post by Venkat] Agence France-Presse v. Morel, Case No. 10-civ-2730 (S.D.N.Y.) (March 26, 2010) The Agence France-Presse (AFP) is involved in litigation over photographs it acquired through Twitter. This could turn into a debacle for AFP, if it hasn’t already…
Proposed Internet Regulation in Brazil Might Curb Online Speech (Guest Blog Post)
by Guest Blogger Marcel Leonardi [Marcel Leonardi is an attorney in São Paulo, Brazil, and Professor of Law at FGV-SP. He was a Google Policy Fellow in 2009, working with the international team at the Electronic Frontier Foundation. He has…
Email Header Information Claim Preempted by CAN-SPAM, But Subject Line Claim Not Preempted — Asis Internet Servs. v. Member Source Media, LLC
[Post by Venkat] Asis Internet Services v. Member Source Media, LLC, No. C-08-1321 EMC (N.D. Cal.) (April 20, 2010) Yet another CAN-SPAM preemption ruling, this one is also from the Northern District of California and it also involves veteran spam…
Facebook Gets Partial Win in Click Fraud Lawsuit
By Eric Goldman In re Facebook PPC Advertising Litigation, C 09-3043 JF (HRL) (N.D. Cal. April 22, 2010). My blog post on the complaint filing. This is an unexpectedly hard-to-parse ruling in a click fraud lawsuit against Facebook. Facebook sought…
Website Gets 230 Immunity Despite Claim of Site Content Accuracy–Milo v. Martin
By Eric Goldman Milo v. Martin, 2010 WL 1708895 (Tex. App. Ct. April 29, 2010) This case involves allegedly defamatory “guestbook” messages posted by unknown users to a website entitled “The Watchdog.” Framed like that, the precedent says the website…