Texas Assistant Principal Sues Students and Parents Over Defamatory Profile on MySpace.com
By John Ottaviani High school students have been battling with and lampooning their assistant principals for generations. Last Spring, students in San Antonio, Texas, applied 21st century technology to the practice, when they allegedly set up a profile for their…
Blackboard Patent Suit Stirs Up Academic and Open Source Hornet’s Nests–Blackboard v. Desire2Learn
By John Ottaviani Blackboard, Inc. v. Desire2Learn Inc., No. 9:06-cv-00155-RHC (complaint filed July 26, 2006) Although this story does not seem to have hit the mainstream press yet, there has been a firestorm in the academic and open source communities…
Doe v. MySpace.com — Continued
By John Ottaviani I was finally able to read the complaint. It raises some very interesting issues concerning the obligations of website hosts and Internet service providers to institute and enforce appropriate security measures to decrease the likelihood of harm…
Stay at Home Mom K’s Johnny Damon’s Right of Publicity Claim
By John Ottaviani Last week, ESPN.com reported yet another unsuccessful and ridiculous attempt to use trademark law to stifle negative commentary. According to the article, Ann Sylvia, a Massachusetts mother of two children, has operated an on-line store on eBay…
Court Nix Clean Flicks
By John Ottaviani Clean Flicks of Colorado, LLC vs. Soderbergh, No. 02-CV-01662-RPM (D. Colo., July 6, 2006). The entertainment world has given us yet another example as to why one should be very wary of creating or investing in a…
MySpace.com Sued for $30 Million
By John E. Ottaviani (Eric Goldman is relocating his family to California this week and next, and will be able to post only occasionally. In his absence, John Ottaviani will continue to guest blog from time to time.) It was…
More on Perfect 10 v. Google
By John Ottaviani Eric will undoubtedly have more to say, but here are my immediate thoughts on this case. Leave it to the porn industry to make copyright law on the Internet. Perfect 10 alleges that Google (and, in a…
The NFL’s SUPER BOWL Will Be Held on SUPER SUNDAY
By John Ottaviani A sports report on the local radio station broadcast this morning reminded me that we are in our annual period where the NFL causes all broadcasters to step “through the looking glass” and act in accordance with…
Rappers, Car Dealers and Trademarks — John Weighs In
By John Ottaviani Eric and I have been debating the claims in the 50 Cent and Snoop Dogg cases, and whether there can be trademark like protection for “speech patterns.” Not surprisingly, as one who likes “non-traditional” trademarks, I am…
Illinois Court Enforces Dell’s Website Terms and Conditions of Sale
By John Ottaviani Dell Computers has contributed to the growing body of cases finding that “browse-wrap” contracts (terms and conditions posted on a website that do not necessarily require one to click on an “I agree” or “I accept” button)…