Email That Says “Done .. thanks!” Doesn’t Transfer Copyrights – MVP Entertainment v. Frost
[Post by Venkat Balasubramani] MVP Entertainment, Inc. v. Frost, B235100 (Ca. Ct. App. Nov. 7, 2012) [pdf] We enjoy cases where people negotiate or modify contracts via email or other modern methods of communication. The underlying rules haven’t changed, and…
Social Media Producer’s Counterclaims Based on Website Ownership Rejected – Ardis Health v. Nankivell
[Post by Venkat Balasubramani] Ardis Health v. Nankivell, 11 Civ. 5013 (S.D.N.Y. Oct. 23, 2012) One of the many social media ownership disputes we blogged about was Ardis Health v. Nankivell, where a company sought, among other things, social media…
Dream Job Alert! We’re Hiring A Clinic Director for New SCU Law Clinic Supporting Start-Up Entrepreneurs
By Eric Goldman Santa Clara Law has opened up a job req for a newly created position to direct a newly approved clinic we’re currently calling the “Entrepreneurs’ Law Clinic.” The clinic will help with formation, financing, transactional support and…
Confirmatory Opt-out Text Message Not Actionable Under the TCPA — Ryabyshchuck v. Citibank
[Post by Venkat Balasubramani] Ryabyshchuck v. Citibank, 11-CV-1236 – IEG (WVG) (S.D. Ca. Oct. 30, 2012) Ryabyshchuck filled out an online credit card application. A pop-up message displayed when he entered his information alerted him to the fact that by…
With Rosetta Stone Settlement, Google Gets Closer to Legitimizing Billions of AdWords Revenue (Forbes Cross-Post)
By Eric Goldman After 3+ years of litigation, Google ($GOOG) and Rosetta Stone ($RST) settled Rosetta Stone’s trademark lawsuit over Google AdWords. The settlement terms are confidential, but a joint statement published in Reuters says that the parties will “meaningfully collaborate…
Plastic Surgeon Owns Copyright in Before-and-After Photos of Patient–Denenberg v. LED Technologies
By Eric Goldman Denenberg v. LED Technologies, LLC, 11-cv-03155-RBJ (D. Colo. Sept. 28, 2012) Dr. Steven Denenberg is a facial plastic surgeon. Like many doctors performing elective procedures, he takes before-and-after photos of his patients and publishes some of them…
Another Court Finds Online Statements With Links Are Not Defamatory – Seldon v. Compass Restaurant
[Post by Venkat Balasubramani with comments from Eric] Seldon v. Compass Restaurant, 2012 NY Slip Op 32673(U) (NY Sup Ct. Oct. 21, 2012) Eric posted about Redmond v. Gawker Media, a California case where the court found that use of…
Data Breach Claim Survives Based on Allegation of Misuse of Personal Information — Burrows v. Purchasing Power
[Post by Venkat Balasubramani] Burrows v. Purchasing Power, LLC, 12-cv-22800-UU (S.D. Fla. Oct. 18, 2012) [pdf] This is another data breach lawsuit. Some of the claims survive defendants’ motion to dismiss. Purchasing Power runs a preferred purchasing (or discount purchasing)…
Overreaching Anti-Circumvention Claim Shut Down–DISH Network v. World Cable
By Jake McGowan Dish Network L.L.C., et al, v. World Cable Inc., 11-CV-5219 (E.D.N.Y. 2012) In the hopes of ratcheting up damages, plaintiffs often try to assert any possible claim in their arsenal. In the realm of copyright law, this…
Consumer Review Website Isn’t Liable for Users’ Copyright Infringement–Ripoff Report v. ComplaintsBoard
By Eric Goldman Xcentric Ventures, LLC v. Mediolex Ltd., 2012 WL 5269403 (D. Ariz. October 24, 2012). The initial complaint. This is a long-running and ill-advised lawsuit by Ripoff Report against ComplaintsBoard for allegedly infringing Ripoff Report’s purported copyright in…