Users Can’t Sue Sony for Changing Online Terms to Require Arbitration – Fineman v. Sony Network Entertainment
[Post by Venkat Balasubramani] Fineman v. Sony Network Entertainment, C 11-05680 SI (N.D. Cal.; Feb. 9, 2012) In a move that caused a stir among consumer activists and others, Sony revised its EULA in September 2011 requiring PlayStation 3 users…
Qwest Gets Mixed Rulings on Contract Arbitration Issue—Grosvenor v. Qwest & Vernon v. Qwest
[Post by Venkat Balasubramani] I recently blogged about Kwan v. Clearwire, which involved Clearwire’s efforts to force arbitration of a consumer dispute. The court in that case looked at Clearwire’s contracting practices and made an initial ruling that customers could…
No Breach of Contract Claim from Mid-Stream Change of WSJ Online Pricing – Lebowitz v. Dow Jones
[Post by Venkat Balasubramani] Lebowitz v. Dow Jones & Co., 06 Civ. 2198 (MGC) (S.D.N.Y.; Mar. 12, 2012) Dow Jones operates WSJ Online. Historically, it offered WSJ Online subscribers access to WSJ Online and Barron’s Online. At some point, Dow…
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…
StubHub Gets Section 230 Immunity from Anti-Scalping Laws Because Users Set Prices–Hill v. StubHub
By Eric Goldman Hill v. StubHub, Inc., 2012 WL 696223 (N.C. App. Ct. March 6, 2012). My blog post on the trial court ruling against StubHub in this case. Earlier blog post on the motion to dismiss ruling. This long-running…
Just How Egregiously Must a Trademark Plaintiff Act Before a Court Awards Attorneys’ Fees to the Defendant?–1-800 Contacts v. Lens.com
By Eric Goldman 1-800 Contacts v. Lens.com, 2012 WL 113812 (D. Utah Jan. 13, 2012). Prior blog posts on the case dismissal in December 2010 and 1-800 Contacts’ fee dispute with its attorneys. The federal trademark statute says judges may…
SOPA/PROTECT-IP/OPEN Linkwrap #2
By Eric Goldman It’s been a busy time for news related to SOPA (the Stop Online Piracy Act, not the Stop Online Privacy Act, although that could be an unintended result!), PROTECT-IP/PIPA, and the OPEN Act. In a bit, I’ll…
Keyword Advertiser Mostly Defeats Trademark Lawsuit–Scooter Store v. SpinLife
By Eric Goldman Scooter Store, Inc. v. SpinLife.com, LLC, 2011 WL 6415516 (S.D. Ohio Dec. 21, 2011). The Justia page. This is a spirited litigation between two retailers of wheelchairs, motorized scooters and related items. Maybe that retailing sector is…
Does the House Judiciary Committee Debating SOPA Know What’s Going On In the Courts?–Philip Morris v. Jiang
[Post by Venkat Balasubramani, with comments from Eric] Philip Morris USA, Inc. v. Jiang, 11-cv-24049 (S.D. Fla.) (TRO entered on Nov. 16, 2011) (Prelim. Injunction Entered on Dec. 12, 2011) This is yet another case where a court orders broad…
Can A Copyright Be Assigned By Email?–Hermosilla v. Coca-Cola
By John Ottaviani with comments from Venkat and Eric Vergara Hermosilla v. The Coca Cola Company, No. 11-11317 (11th Cir. Nov. 3, 2011). Can a copyright be assigned by an exchange of emails? Section 204(a) of the Copyright Act provides…