Domain Name Privacy Protection Services Not Liable for Failure to Disclose Identity of Alleged Spammer — Balsam v. Tucows
[Post by Venkat] Balsam v. Tucows, No. 09-17625 (9th Cir.; Dec. 16, 2010) Prolific spam litigant Dan Balsam sued the registrant of [adultactioncam.com] under California’s spam statute for allegedly sending Balsam thousands of pieces of spam. Balsam obtained a default…
Starbucks Data Breach Plaintiffs Rebuffed by Ninth Circuit — Krottner v. Starbucks
[Post by Venkat] Krottner v. Starbucks, Nos. 09-35823 and 35824 (9th Cir.; Dec. 14, 2010) (Memo affirming dismissal) (Opinion re Standing) Starbucks employees sued Starbucks due to a data breach resulting from the theft of a laptop computer which contained…
Court Finds Juvenile Delinquent Based on Allegedly Offensive Instant Messages — In re Alex C.
[Post by Venkat with additional comments by Eric] In re Alex C., No. 2009-399 (N.H. Supreme Court; Nov. 30, 2010) Rachel K.’s daughter ran away from home. In an effort to locate her, Rachel logged on to her daughter’s AOL…
Court Unlocks Allegedly Infringing Domain Name Based on Ineffectual Email Service — Station Casinos, Inc. v. Murphy
[Post by Venkat] Station Casinos, Inc. v. Murphy, 2:10-cv-01770-GMN-LRL (D.Nev.; Nov. 18, 2010) [pdf] Plaintiff, who operates a family of Station-branded casino hotels and owns the “STATION CASINOS” mark, brought suit against Ryan Murphy, alleging that a website accessible via…
Get Ready for a Rush of Facebooking Activity by Judges in Ohio
[Post by Venkat] Ohio Supreme Court (Board of Commissioners on Grievances and Discipline): Opinion 2010-7 (Dec. 3, 2010) I posted previously about Florida’s restrictive attitude toward Facebook friending by judges: “Is the Florida Bar Taking Facebook Friendship Too Seriously?” The…
Court: Search of Contents of Student Cell Phone Covered by Qualified Immunity — J.W. v. Desoto County School Dist.
[Post by Venkat] J.W. v. Desoto County School Dist., et al., 09-cv-00155-MPM-DAS (N.D. Miss.; Nov. 1, 2010) The Virginia Attorney General set off a small firestorm (e.g., “Should Teachers Be Searching Cell Phones?“) when he issued an opinion to the…
Court Holds Defendant in Contempt for Failing to Scrub Trademark Use From the Internet — TDC Int’l v. Burnham
[Post by Venkat, with comments from Eric] TDC Int’l v. Burnham, 2010 U.S. Dist. LEXIS 116741 (E.D. Mich; Nov. 2, 2010) TDC sued Burnham based on Burnham’s use of the “Quick and Easy Moving” mark, which supposedly infringed on TDC’s…
Message Board Operator Fights Discovery Order Requiring Broad Disclosure [Update] — Concerned Citizens for Crystal City v. City of Crystal City
[Post by Venkat] Concerned Citizens for Crystal City v. Crystal City, No. ED94135 (Mo. Ct. App.; Nov. 30, 2010) (amended order) I posted in October about a discovery dispute involving a message board operator who was subject to an overly…
Court Admits Google Earth Evidence, But Only for Demonstrative Purposes — State ex rel. J.B.
[Post by Venkat] State ex rel J.B., Case No. A-2228-08T4 (N.J. Ct. App.; Sept. 27, 2010) J.B., a juvenile, was convicted for burglary, robbery, and trafficking in stolen property (“a jar of coins, a samurai sword collection, and a laptop”)….
Court Finds That Threatening Video Posted to YouTube and Facebook Can Constitute a “True Threat” — US v. Jeffries
[Post by Venkat] US v. Jeffries, 10-CR-100 (E.D. Tenn) (Report and Recommendation; Oct. 22, 2010) Background: The defendant was charged with transmitting a video through interstate commerce which contained a threat to kill or injure a Knox County Chancellor. The…