Illinois Identity Theft Statute Partially Invalidated–People v. Madrigal
By Eric Goldman People v. Madrigal, 2011 WL 1074427 (Ill. March 24, 2011) Many state anti-identity theft laws are written very broadly. This loose drafting creates the possibility that they unintentionally restrict innocent–and indeed socially desirable–activity. Today’s case is a…
Yelp Beats “Implied Extortion”/”Pay-to-Play” Lawsuit in Round #1–Levitt v. Yelp
By Eric Goldman Levitt v. Yelp, 3:10-cv-01321-MHP (N.D. Cal. Mar. 22, 2011). See the motion to dismiss, the opposition and the reply. This ruling deals with the Second Amended Complaint. Levitt’s initial complaint. Cats & Dogs Animal Hospital’s first amended…
Photo Hosting Site Gets DMCA 512 Safe Harbor–Wolk v. Photobucket
By Eric Goldman Wolk v. Kodak Imaging Network, Inc., 2011 WL 940056 (S.D.N.Y. March 17, 2011) Wolk (is this her?) is a visual artist whose work was allegedly infringed on Photobucket. She sent some 512(c)(3) takedown notices to Photobucket, which…
Judge Rader Talk Recap
By Eric Goldman Last week, we had Chief Judge Rader of the Federal Circuit on campus for a lunchtime talk to a capacity crowd. Judge Rader is always an entertaining speaker, and he is typically more willing to publicly discuss…
Ninth Circuit Upholds Anti-SLAPP Ruling for Blogger/Griper–Sedgwick v. Delsman
By Eric Goldman Sedgwick Claims Management Services v. Delsman, 09-16809 (9th Cir. March 21, 2011). Delsman is a blogging griper about Sedgwick. He made some griping material that included cut-and-pasted headshots of Sedgwick’s managers. Sedgwick sued Delsman aggressively. Delsman got…
47 USC 230 Retrospective Conference Recap
By Eric Goldman Earlier this month, we had a major academic event on 47 USC 230. My notes are especially incomplete because I had lots of administrative duties that day. I didn’t get any usable notes from the introductory sessions…
Employee’s Twitter and Facebook Impersonation Claims Against Employer Move Forward — Maremont v. Fredman Design Group
[Post by Venkat Balasubramani] Maremont v. Susan Fredman Design Group, 2011 U.S. Dist. LEXIS 26441 (N.D. Ill.; March 15, 2011) As alleged in the complaint, Fredman is a prominent interior designer who runs the Susan Fredman Design Group (SFDG). SFDG…
FTC Online Endorsement Guidelines Strike Again – FTC Dings Legacy Learning Over Allegedly Misleading Affiliate Reviews
[Post by Venkat Balasubramani with some comments by Eric] In re Legacy Learning Systems, Inc., FTC File No. 102 3055 [FTC Release] [Complaint (pdf)] An FTC press release notes that the FTC settled with Legacy Learning over allegations that Legacy…
Jury Awards Damages Against Web Designer/SEO/Host on Contributory Trademark Infringement Theory–Roger Cleveland v. Prince
By Eric Goldman Roger Cleveland Golf Co. v. Prince, 2:09-cv-02119-MBS (D.S.C. jury verdict March 10, 2011 and judgment March 14, 2011). See also the jury instructions. I blogged about this case back in December. That ruling was a puzzling head-scratcher…
Intelius May be Liable for Deceptive Online Marketing Practices Based on Third Party Transaction at Checkout — Keithly v. Intelius
[Post by Venkat Balasubramani] Keithly v. Intelius, No. C09-1485RSL (W.D. Wash.; Feb. 08, 2011) A district court judge in Washington held that Intelius could potentially be held liable for allegedly deceptive marketing practices based on its making available third party…