Ninth Circuit Helpfully Amends Barnes v. Yahoo Opinion
By Eric Goldman Barnes v. Yahoo, Inc., 05-36189 (9th Cir. Amended Opinion June 22, 2009) The Ninth Circuit has issued an amended opinion in last month’s Barnes v. Yahoo opinion. The amended opinion makes two changes to the initial opinion,…
47 USC 230 Can Support 12b6 Motion to Dismiss-Gibson v. Craigslist
By Eric Goldman Gibson v. Craigslist, 2009 WL 1704355 (SDNY June 15, 2009). The CMLP page. The Justia page. In my lengthy deconstruction of the Barnes v. Yahoo case, I criticized the Ninth Circuit for concluding that 47 USC 230…
Google Sued Again for Trademark Infringement–Soaring Helmet v. Leatherup.com
By Eric Goldman Soaring Helmet Corp. v. Bill Me Inc., 2:2009cv00789 (W.D. Wash. complaint filed June 9, 2009). The Justia page. It’s clearly open season on trademark infringement lawsuits against Google. The latest is a lawsuit by Soaring Helmet, manufacturers…
May 2009 Quick Links Part 2
By Eric Goldman Blogs and Boards * WSJ: Bloggers, Beware: What You Write Can Get You Sued * j2 Global Communications v. Zilker Ventures, CV 08-07470 SJO (AJWx) (C.D. Cal. April 22, 2009). A consumer review website can putatively qualify…
May 2009 Quick Links Part 1
By Eric Goldman Just a reminder that I’m posting some quick links exclusively to my Twitter account. Trademarks * Texas International Property Associates v. Hoerbiger Holding AG, 2009 U.S. Dist. LEXIS 40409 (N.D. Tex. May 12, 2009). Domainer loses ACPA…
Doe v. MySpace–Same Case Name, Different Plaintiff, Same Result
By Eric Goldman Doe IX v. MySpace, Inc., 2009 WL 1457170 (E.D. Tex. May 22, 2009). The Justia page. This is yet another lawsuit involving an underage sexual assault where MySpace mediated some communications between abuser and victim. The flagship…
Contributory Cybersquatting and the Impending Demise of Domain Name Proxy Services?–Solid Host v. NameCheap
By Eric Goldman Solid Host, NL v. NameCheap, Inc., 2:08-cv-05414-MMM-E (C.D. Cal. May 19, 2009) Facts This case involves an alleged domain name theft. Solid Host is a web host and initial owner of the domain name solidhost.com, which it…
Barnes Also Seeks Rehearing in Barnes v. Yahoo
By Eric Goldman Cecilia Barnes has also filed a brief requesting a rehearing in Barnes v. Yahoo. The brief says it’s seeking rehearing on a single issue, although it doesn’t actually summarize that issue in a single sentence. However, the…
Speth on Barnes v. Yahoo and 230 as an Affirmative Defense
By Eric Goldman I’ve already blogged a couple times on the Ninth Circuit’s Barnes v. Yahoo ruling (commentary post; post on rehearing request). In response, I got an email from Maria Crimi Speth of Jaburg & Wilk in Phoenix, AZ….
Yahoo and Amici Seek Rehearing in Barnes v. Yahoo
By Eric Goldman Last week I ruminated at length (3,200 words!) about the Ninth Circuit’s Barnes v. Yahoo opinion. As you may recall, I thought the court’s actual holding–230 preempted a negligence claim but did not preempt a promissory estoppel…