Top 5 Cyberlaw Developments of 2010, Plus a 2010 Year-in-Review
By Eric Goldman Earlier this Fall, I posted my top 8 trends in Internet law, and that’s a good place to start if you want to see how I think things are developing. Because of that post, this year I’m…
Ad Networks Ordered to Drop Allegedly Infringing Site–Elsevier v. eNom
By Eric Goldman Elsevier Ltd v. Whois Privacy Protection Service, Inc., 1:11-cv-10026-RGS (D. Mass. injunction dated Jan. 14, 2011). See the TRO from Jan. 6 and the complaint. On the surface, this seems like a run-of-the-mill copyright enforcement. The plaintiffs…
Second Life Gets Out of Dispute Between Virtual Bunnies & Virtual Horses
By Eric Goldman Amaretto Ranch Breedables v. Ozimals, 3:10-cv-05696-CRB (N.D. Cal.). The Justia page. The case library: * Linden Lab’s opposition to the preliminary injunction * Ozimals’ non-opposition to the preliminary injunction * Amaretto’s preliminary injunction motion * The preliminary…
thedirty.com’s 47 USC 230 Defense Rejected on Motion to Dismiss–Jones v. Dirty World Entertainment
By Eric Goldman Jones v. Dirty World Entertainment, 2011 WL 221836 (N.D. Ky. Jan. 21, 2011). The complaint. On occasion I’ve ended up at thedirty.com. It’s not my kind of site, but clearly I’m not the target audience. Given its…
The Next Digital Decade Book Launch and Event Recap
By Eric Goldman I’m pleased to call your attention to a new book called “The Next Digital Decade: Essays on the Future of the Internet,” edited by Berin Szoka and Adam Marcus of TechFreedom. This is a truly remarkable book….
CA Appeals Court: Claims Under State Spam Statute Not Preempted by CAN-SPAM – Hypertouch v. Valueclick
[Post by Venkat Balasubramani with some comments from Eric] Hypertouch, Inc. v. Valueclick, Inc., et al., B218603 (Cal. Ct. App.; Jan. 18, 2011) A California appeals court weighed in on a long-running debate: whether CAN-SPAM preempts California’s spam statute. This…
Court Allows Microsoft’s Claims for Contributory Cybersquatting and Dilution to Move Forward — Microsoft v. Shah
[Post by Venkat Balasubramani] Microsoft Corp. v. Shah, et al., C10-0653 (W.D. Wash.; Jan. 12, 2011) WSJ’s Law Blog reports that Judge Martinez in the Western District of Washington (Seattle) issued an order allowing Microsoft to proceed on a novel…
Search Engines Sued for Accepting Keyword Advertising on “Cheese of the Month Club” Trademark–Pathak v. ICG
By Eric Goldman Pathak v. ICG America, Inc., 5:11-cv-00055-VAP -OP (C.D. Cal. complaint filed Jan. 6, 2011) Pathak’s lawsuit is the latest iteration in the litigation deathmatch royale taking place among retailers with “[Food] of the month club” trademarks. See…
Lawyer-Spam Plaintiff Loses in the Sixth Circuit Over Allegedly Misleading DISH Network Emails — Ferron v. Echostar
[Post by Venkat Balasubramani] Ferron v. Echostar Satellite LLC, 09-4407 (6th Cir.; Dec. 28, 2010) Ferron brought claims against Dish Network and its retail and marketing partners alleging that he had been deceived by the terms of email offers sent…
Ripoff Report Ordered to Stop Publishing User-Submitted Report–Giordano v. Romeo
By Eric Goldman Giordano v. Romeo, No. 09-68539-CA-25 (Fla. Cir. Ct. Dec. 28 2010). The complaint. Today’s case is a baffling and clearly erroneous ruling. What’s even more bizarre is that the judge initially got the right result and *then*…