Court Orders Disclosure of Psychic Chat Records in Retaliation Case – Glazer v. Fireman’s Fund
[Post by Venkat Balasubramani] Glazer v. Fireman’s Fund Ins. Co., 11 Civ. 4374 (PGG) (FM) (S.D.N.Y.; Apr. 4, 2012). The complaint. Glazer (her LinkedIn page) sued Fireman’s Fund Insurance, alleging that Fireman’s Fund retaliated against her because she complained about…
SuperPoke! Pets Virtual Gold Dispute Worth Over $5 Million–Abreu v. Slide
By Eric Goldman Abreu v. Slide, Inc., 2012 WL 1123367 (N.D. Cal. April 3, 2012). The Justia page. Google bought Slide, which operated the SuperPoke! Pets online game. Wikipedia has some of the game’s history. As part of the gameplay,…
Circumstantial Authentication Strikes Again in a MySpace Evidence Case — State v. Tienda
[Post by Venkat Balasubramani] Tienda v. Texas, 358 S.W.3d 633 (Tx. Ct. Crim. App.; Feb. 8, 2012) This is another MySpace evidence case. Defendant was convicted of murder. The victim exchanged words with a group of people outside a nightclub,…
Cautionary Tale for Settling Trademark Cases–Tormented Souls v. Tormented Souls Motorcycle Club
By Eric Goldman Tormented Souls Inc. v. Tormented Souls Motorcycle Club Inc., 2012 WL 1314128 (E.D.N.Y. April 17, 2012) The parties settled a trademark litigation. The settlement agreement required the defendants to “take all the steps necessary to remove all…
Facebook Beats Class Certification in Click Fraud Case
By Eric Goldman In re Facebook, Inc., PPC Advertising Litigation, 2012 WL 1253182 (N.D.Cal. April 13, 2012) I don’t know what I like less: click fraud, or bogus lawsuits over click fraud. This three-year-old case (see my initial blog post…
Texas Ruling Shows the Benefits We’d Get From a Federal Anti-SLAPP Law–American Heritage Capital v. Gonzalez
By Eric Goldman American Heritage Capital, LP v. Dinah Gonzalez and Alan Gonzalez, No. DC-11-13741-C (Texas District Court April 13, 2012). The amended complaint. The defendant’s anti-SLAPP motion. This may be the first application of Texas’ new anti-SLAPP law to…
MapleStory Enforcement Action Leads to Ridiculously Large Anti-Circumvention Damages–Nexon v. Kumar
By Eric Goldman Nexon America Inc. v. Kumar, 2012 WL 1116328 (C.D. Cal. April 3, 2012) It can be disconcerting when UGC websites turn into IP enforcement plaintiffs. Perhaps the biggest offender has been Craigslist, which has brought numerous ill-advised…
Terminating an NFL Player’s Endorsement Agreement for Polemic Tweets May Be Contract Breach–Mendenhall v. Hanes
[Post by Venkat Balasubramani, with comments from Eric] Mendenhall v. Hanesbrands, 2012 WL 1230743 (M.D.N.C.; Apr. 12, 2012) This case has it all: Twitter, a pro football player, terrorism, Osama bin Laden and contract law geekiness! Background: Rashard Mendenhall plays…
“Social Media and Trademark Law” Talk Notes
By Eric Goldman Today, I gave a talk at Suffolk University’s event “Social Networking Sites: Law, Policy and Practical Strategies” on Social Media and Trademark Law. My talk notes: _____ 1. Overview A. Trademark doctrine is inherently elastic * Schizophrenia…
Lawsuit From Huffington Post Unpaid Contributors Gets the Boot – Tasini v. AOL
[Post by Venkat Balasubramani] Tasini v. AOL, Inc., 11-CV-2472 (JGK) (S.D.N.Y.; Mar. 30, 2012) I thought the Huffington Post lawsuit brought by unpaid contributors would present some interesting discussion about the arcane laws governing unpaid internships, but that’s not the…