Court Approves TD Ameritrade Data Breach Settlement — In re TD Ameritrade
[Post by Venkat Balasubramani] In re TD Ameritrade Accountholder Litigation, 07-2852 (N.D. Cal.; Dec. 20, 2010) (Order granting preliminary approval of settlement) A class action lawsuit arising out of a TD Ameritrade data breach looks like it’s winding its way…
Iconic TV Commercials
By Eric Goldman I’m teaching Advertising & Marketing Law this semester, and I thought it might be helpful to start the semester by showing some TV ads. Remember that many of my students were born after the golden age of…
Goldman Spring 2011 Speaking/Travel Schedule
By Eric Goldman This lists some of my upcoming public/semi-public talks and other events this semester. As always, if we’re going to be at the same conference or if I’m traveling to your area and you would like to try…
TweetPhoto (now Plixi) To Start Charging For Twitter Celeb’s Pics
[Post by Venkat Balasubramani] I posted last week about the AFP/Morel Haiti photo debacle where the court rejected AFP’s arguments that it had a license to photos posted to Twitpic by virtue of the Twitter & Twitpic terms of service….
Contrary LinkedIn Evidence Crushes Witness’ Testimony — Blayde v. Harrah’s Entertainment
[Post by Venkat Balasubramani] Blayde v. Harrah’s Entertainment, 08-cv-02798 (W.D. Tenn.; Dec. 17, 2010) By my guesstimate, LinkedIn ranks last among the major social networks for being invoked as a source of evidence in court cases. MySpace is the runaway…
Lawyer-Spam Plaintiff Loses in the Sixth Circuit Over Allegedly Misleading DISH Network Emails — Ferron v. Echostar
[Post by Venkat Balasubramani] Ferron v. Echostar Satellite LLC, 09-4407 (6th Cir.; Dec. 28, 2010) Ferron brought claims against Dish Network and its retail and marketing partners alleging that he had been deceived by the terms of email offers sent…
UMG Can’t Enforce “Not for Sale” Restrictions on Promo CDs — UMG v. Augusto
[Post by Venkat Balasubramani with additional comments from Eric] UMG Recordings, Inc. v. Augusto, No. 08-55998 (9th Cir.; Jan 4, 2011) The Ninth Circuit issued the third of its three opinions dealing with the first sale doctrine. (Vernor v. Autodesk…
Ripoff Report Ordered to Stop Publishing User-Submitted Report–Giordano v. Romeo
By Eric Goldman Giordano v. Romeo, No. 09-68539-CA-25 (Fla. Cir. Ct. Dec. 28 2010). The complaint. Today’s case is a baffling and clearly erroneous ruling. What’s even more bizarre is that the judge initially got the right result and *then*…
Second Life Ordered to Stop Honoring a Copyright Owner’s Takedown Notices–Amaretto Ranch Breedables v. Ozimals
By Eric Goldman Amaretto Ranch Breedables v. Ozimals, Inc., 2010 WL 5387774 (N.D. Cal. Dec. 21, 2010). The Justia page. The complaint with exhibits. Ozimals’ C&D to Amaretto and its blogged statement on the case. Here’s a line you don’t…
Nov.-Dec. 2010 Quick Links, Part 5
By Eric Goldman Taxes * Amazon.com, LLC v New York State Dept. of Taxation & Fin., 2010 NY Slip Op 07823 (N.Y. App. Div. Nov. 4, 2010). A NY appellate court rejected Overstock’s/Amazon’s facial challenges to “affiliates tax” but revived…