Comments on NY Highest Court Ruling on 47 USC 230–Shiamili v. Real Estate Group [Catch up post]
By Eric Goldman Shiamili v. The Real Estate Group of New York, Inc., 2011 WL 2313818 (N.Y. App Ct. June 14, 2011). My blog post on the intermediate appellate ruling. [I was traveling in mid-June and a few interesting rulings…
Virginia Appeals Court Affirms Conviction for Posting Threatening Rap Lyrics on MySpace — Holcomb v. Virginia
[Post by Venkat Balasubramani] Holcomb v. Virginia, 0546-10-1 (Va. Ct. App. June 7, 2011) Defendant was involved in a romantic relationship with the victim and fathered their child. The Defendant and the victim had a contentious custody dispute. Defendant posted…
Comments on the Second Circuit Hot News Decision–Barclays v. theflyonthewall [Catch up post]
By Eric Goldman Barclays Capital Inc. v. Theflyonthewall.com, Inc., 10-1372-cv (2d Cir. June 20, 2011). My prior blog post on the case. [I was traveling in mid-June and a few interesting rulings fell through the cracks. This is a catch-up…
“App Store” Isn’t Generic, But Apple Can’t Enforce Its Purported Trademark in the Term–Apple v. Amazon
By Eric Goldman Apple, Inc. v. Amazon.com Inc., 2011 WL 2638191 (N.D. Cal. July 6, 2011) Apple’s enforcement campaign over the term “App Store” is ridiculous. Apple is trying to prop up a farcically weak trademark claim–and to what end?…
NJ Appeals Court: No Privacy Violation When Spouse Uses GPS to Track Vehicle — Villanova v. Innovative Investigations, Inc.
[Post by Venkat Balasubramani] Villanova v. Innovative Investigations, Inc., et al., A-0654-10T2 (N.J. Ct. App. July 7, 2011) A New Jersey appeals court decided that a wife’s use of a GPS device to track her husband’s movements did not violate…
Supreme Court Strikes Down Statute Restricting Sale and Use of “Prescriber” Data on First Amendment Grounds — Sorrell v. IMS
[Post by Venkat Balasubramani with comments by Eric] Sorrell v. IMS Health Inc., 10-779 (June 23, 2011) [pdf] The Supreme Court struck down a Vermont statute restricting the dissemination of “prescriber-identifiable” information for marketing purposes. While this case was viewed…
Righthaven Defendant Awarded $3,800 in Attorneys’ Fees–Righthaven v. Leon
By Eric Goldman Righthaven, LLC v. Leon, 2011 WL 2633118 (D. Nev. July 5, 2011). My most recent post on Righthaven. Judge Navarro ordered Righthaven to pay $3,815 to the attorneys for one of its defendants, Michael Leon. This award…
“Can IP Be Protected in the Internet Age?” Panel Recap from Russian Economic Development Conference
By Eric Goldman In June, I attended the St. Petersburg International Economic Forum (“SPIEF”), organized by the Russian government’s Ministry of Economic Development. This was a major event drawing thousands of participants to St. Petersburg, including the heads of state…
New Jersey Appeals Court Neuters Cell Phone Driving Statute — State v. Malone
[Post by Venkat Balasubramani] State v. Malone, 2011 N.J. Super. Unpub. LEXIS 1738 (N.J. Ct. App. July 1, 2011) New Jersey’s cell phone driving statute suffered a serious blow at the hands of the New Jersey appeals court, which held…
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…