First Sale Doctrine Doesn’t Allow Resale of Digital Songs – Capitol Records v. ReDigi
[Post by Venkat Balasubramani, with comments from Eric] Capitol Records, LLC v. ReDigi Inc., 2013 WL 1286134 (S.D.N.Y. Mar. 30, 2013) [There has been a recent whirlwind of copyright activity in the courts. We will try to get caught up…
Online Trespass to Chattels Needs Structural Reform (Forbes Cross-Post)
By Eric Goldman In light of Aaron Swartz’s tragic suicide, there has been a lot of discussion–some productive, some not–about reforming the Computer Fraud & Abuse Act (the “CFAA”). I support some of the reform proposals, but they don’t go…
Product Review Website Defeats Trademark Claims–Boarding School Review v. Delta Career Education
By Eric Goldman Boarding School Review, LLC v. Delta Career Education Corp., 1:11-cv-08921-DAB (SDNY March 29, 2013) This case involves Community College Review, with the tagline “find the right community college for you.” It publishes information about various community colleges…
More Confirmation That Google Has Won the AdWords Trademark Battles Worldwide (Forbes Cross-Post)
By Eric Goldman I’ve repeatedly asserted that the trademark battles over keyword advertising are near the end. As further evidence of that, recently Google ($GOOG) liberalized its international trademark policy for advertising via AdWords. Previously, Google allowed trademark owners…
Facebook Password Exchange Between Parties to Litigation Results in Spoliation Debacle – Gatto v. United Airlines
[By Venkat Balasubramani with comments from Eric] Gatto v. United Air Lines, 10-cv-1090-ES-SCM (D.N.J. Mar. 25, 2013) Background: Gatto brought a personal injury action against United and Allied arising out of an accident at the airport. Defendants sought a range…
FTC Warns Nordstrom Over Tweetup Freebies
[Post by Venkat Balasubramani] The FTC conducted an investigation on Nordstrom’s marketing and promotion in connection with a “tweetup” held in Boise. Apparently Nordstrom provided free gifts to “influencers”, including $50 gift cards to Nordstrom Rack. [Sadly, I did not…
Why Google’s Commitment Letter to the FTC Isn’t Commercial Speech (Guest Blog Post)
By Guest Blogger Josh King [Eric’s introduction: Josh King is Vice President, Business Development & General Counsel at Avvo. Among other ways we work together, he’s a fellow board member of Public Participation Project, which is advocating for a federal…
Judge Boots Privacy Lawsuit Against Pandora but Plaintiffs Can Replead – Yunker v. Pandora
[Post by Venkat Balasubramani] Yunker v Pandora Media, Inc., 2013 US Dist LEXIS 42691 (N.D. Cal. Mar. 26, 2013) Pandora has been sued before for allegedly revealing listening preferences, but this is a more run-of-the-mill privacy lawsuit against Pandora. Pandora…
Ex-Lover Can Use Non-Disparagement Provision to Suppress Revenge Porn–Walls v. Klein
[Post by Venkat Balasubramani] Walls v. Klein, 2013 Tex. App. LEXIS 2462 (Tx. Ct. App. 4th Dist. Mar. 13, 2013) Walls and Klein were in a romantic relationship that soured. The parties volleyed legal threats but ultimately entered into a…
The Supreme Court’s Kirtsaeng Ruling Is Good News for Consumers, but the First Sale Doctrine Is Still Doomed–Kirtsaeng v. John Wiley (Forbes Cross-Post)
By Eric Goldman Kirtsaeng v. John Wiley & Sons, No. 11–697 (U.S. Supreme Court March 19, 2013). Prior blog post of the Second Circuit ruling in the case. In Kirtsaeng v. John Wiley & Sons ($JW-A), the U.S. Supreme Court ruled…