Catching Up on 4 Months of Online Copyright Cases–Myxer, Hotfile, Megaupload, Flava Works, Zediva, Blue Nile, Perfect 10, Rojadirecta
By Eric Goldman Online copyright cases have been coming at such a furious pace that I haven’t had a chance to keep up. This blog post wraps up the last 4 months of decisions. Arista Records v. Myxer, Inc., 2:08-cv-03935-GAF-JC…
Defamation Claim Over Stock Board Discussion Easily Dismissed–Desai v. Clark
By Eric Goldman Desai v. Clark, 2011 WL 3359971 (N.D.Cal. August 2, 2011) I’ve been seeing a steady stream of defamation and related claims over discussions in stock message boards. This case is representative of what I’m seeing. Ketan Desai…
Zynga Wins Arbitration Ruling on “Special Offer” Class Claims Based on Concepcion — Swift v. Zynga
[Post by Venkat Balasubramani with comments from Eric] Swift v. Zynga, 2011 WL 3419499 (N.D. Cal.; August 4, 2011) The US Supreme Court decided AT&T Mobility v. Concepcion earlier this year, and a question left open in that decision is…
Google Gets Default Injunction Against AdWord Gamers–Google v. Jackman
By Eric Goldman Google v. Jackman, 2011 WL 3267907 (N.D. Cal. July 28, 2011) This is a default ruling, so the facts are based on Google’s allegations. The defendants ran AdWords campaigns for online pharmacies that sold anabolic steroids. This…
TheDirty Defeats Publicity Rights Claims–Gauck v. Karamian
By Eric Goldman Gauck v. Karamian, 2011 WL 3273123 (W.D.Tenn. July 29, 2011) TheDirty.com has an increasingly active litigation docket. This case comes from Lauren Lee Gauck Giovanetti, a TV news reporter for Fox 13 in Memphis, Tennessee. She sued…
South Dakota S.Ct Recognizes the Obvious: a Happy Birthday Message on Facebook Doesn’t Mean Much — Onnen v. Sioux Falls Independent School Dist.
[Post by Venkat Balasubramani] Onnen v. Sioux Falls Independent School Dist., 2011 S.D. 45 (South Dakota; Aug. 3, 2011) If any modern day communication is more inconsequential than a “happy birthday” post on Facebook, I’m not sure what is. We’ve…
Idea Submission Case Revived Against MySpace–Riggs v. MySpace
By Eric Goldman Riggs v. MySpace, Inc., 2011 WL 3020543 (9th Cir. July 25, 2011) Riggs created a popular MySpace page, only to have MySpace delete it twice. Not pleased by that turn of events, for years Riggs has been…
Sixth Circuit: Email and Phone Advocacy Campaign Can Violate the Computer Fraud & Abuse Act — Pulte Homes v. LIUNA
[Post by Venkat Balasubramani] Pulte Homes, Inc. v. Laborers’ Int’l Union, et al., 09-2245; 10-1673 (6th Cir. Aug 2, 2011) I blogged about a case involving a labor dispute between Pulte Homes and Laborers’ International Union of North America (LIUNA)….
Newspaper’s Discussion About Trademark Owner Protected as Nominative Use–1 800 GET THIN v. Hiltzik
By Eric Goldman 1 800 GET THIN v. Hiltzik, 2:11-cv-00505-ODW -E (C.D. Cal. July 25, 2011) I’m sure any trademark experts reading this post are scratching their heads at the blog post title. Newspapers discussing a trademarked product qualify for…
Ninth Circuit Reconsiders SEO-Destroying Injunction Against DMV.Org–TrafficSchool v. EDriver (Joint Blog Post)
By Rebecca Tushnet and Eric Goldman TrafficSchool.com, Inc. v. Edriver Inc., 2011 WL 3198226 (9th Cir. July 28, 2011) [Over the years, Rebecca and I have blogged dozens of the same cases. However, we’ve never done a joint blog post…