Data Security Breach Settlement Class of 130M Individuals Has 11 Claimants (at a Cost of $160k Per)–In re Heartland Payment Systems
By Eric Goldman In re Heartland Payment Systems, Inc. Customer Data Security Breach Litigation, 2012 WL 948365 (S.D. Tex. March 20, 2012). The settlement website. [Note: I know that many big-scale class action lawsuits have similarly mockable numbers. But I…
Brief Brand Reference in TV Ad Constitutes Trademark Dilution–Louis Vuitton v. Hyundai
By Eric Goldman Louis Vuitton Malletier, S.A. v. Hyundai Motor America, 2012 WL 1022247 (S.D.N.Y., March 22, 2012). The ad in question (also embedded below). The first amended complaint. Introduction Back in 2007, we held a major academic symposium on…
What Do Soymilk and Nutella Have to Do With an Online Harassment Case?–Taylor v. Texas
By Eric Goldman Taylor v. State, 2012 WL 955383 (Tex. App. Ct. March 22, 2012) In service of you, the reader, I read a lot of cases to find the ones worth blogging. Inevitably, some of those cases are gross….
Lawsuit Against Avvo for Lawyer’s Profile Dismissed as SLAPP–Davis v. Avvo
By Eric Goldman Davis v. Avvo, 2:11-cv-01571-RSM (W.D. Wash. March 28, 2012). Avvo’s post when the lawsuit was initially filed. Florida lawyer Larry Joe Davis, Jr. claimed that his Avvo profile misrepresented his practice. He sued Avvo in Florida for…
Emailing the URL of an Allegedly Defamatory Post Immunized by 47 USC 230–Shrader v. Biddinger
By Eric Goldman Shrader v. Biddinger, 2012 WL 976032 (D. Colo. February 17, 2012). That ruling is the magistrate’s report. The judge adopted the magistrate report verbatim last week. The initial complaint. This case also produced an interesting 10th Circuit…
Trademark Lawsuit Over Website Text Comparing Products Baffles the Judge–AR Pillow v. Cottrell
By Eric Goldman AR Pillow Inc. v. Cottrell, 2012 WL 868109 (W.D.Wash. March 13, 2012). The complaint. Every time I read an opinion like this, a little piece of me dies. This is a ridiculously easy case, yet somehow it…
Jan.-Feb. 2012 Quick Links, Part 6 (Privacy and more)
By Eric Goldman Privacy It was a really busy two months for privacy, and I’m sorry I didn’t get to grok a number of these developments in more detail! * State AGs are unhappy with Google’s privacy integration of its…
Another 512(f) Claim Fails–Ouellette v. Viacom
By Eric Goldman Ouellette v. Viacom Intern., Inc., 2012 WL 850921 (D. Mont. March 13, 2012). Prior blog post on the case. Ouellette brought a 17 USC 512(f) claim against Viacom for sending bogus takedown notices. As we know, it’s…
Irrational Copyright Lawsuit Over “Pi Symphony” Gets Sliced–Erickson v. Blake
By Eric Goldman Erickson v. Blake, 2012 WL 847327 (D. Oregon March 14, 2012). The complaint. A prior ruling in the case transferring it from Nebraska to Oregon for jurisdictional reasons. Techdirt’s coverage (1, 2). This case could be an…
Facebook’s “Browsewrap” Enforced Against Kids–EKD v. Facebook
By Eric Goldman E.K.D. v. Facebook, Inc., 3:12-cv-01216-JCS (S.D. Ill. March 8, 2012). The complaint. This opinion reaches two interesting conclusions. First, it says children-users can’t disaffirm Facebook’s terms of service (TOS) so long as they keep using the site….