Barnes & Noble’s Online Contract Formation Process Fails –Nguyen v. Barnes & Noble
[Post by Venkat Balasubramani] Nguyen v. Barnes & Noble, 12-cv-0812-JST (RNBx) (C.D. Cal.; Aug. 28, 2012) Plaintiff tried to purchase an HP “TouchPad” tablet that was on sale because the model was being discontinued by HP. According to plaintiff, he…
Virtual (SuperPoke!) Pet Owners Must Arbitrate Their Claims Against Google and Slide — Abreu v. Slide
[Post by Venkat Balasubramani] Abreu v. Slide, Inc., 12 0042 WHA (N.D. Cal.; July 12, 2012) This is a motion to compel arbitration filed by Google and Slide, the developer of SuperPoke! Pets. As mentioned by Eric in this initial…
Online Marketplace Not Liable to Buyer for Aborted Private Sale of Facebook Shares — Facie Libre Associates v. SecondMarket Holdings
[Post by Venkat Balasubramani] Facie Libre Associates v. SecondMarket Holdings, 2012 N.Y. Misc. Lexis 3914; 2012 NY Slip Op 51545U (Supreme Court of NY; Aug 10, 2012) SecondMarket operates an “online marketplace website” where shares of privately held companies are…
No Liability for Takedown Notice that Results in Termination of Facebook Page — Lown Cos. v. Piggy Paint
[Post by Venkat Balasubramani, with comments from Eric] Lown Companies v. Piggy Paint, LLC, 1:11-cv-911 (W.D. Mich.; Aug. 9, 2012) Lown and Piggy Paint are squabbling over “piggy paint” trademarks. Lown has a registration for “PIGGY POLISH,” and alleges that…
Bank Might Bear Loss for Fraudulent Money Transfers Initiated From Its Website–Patco v Ocean Bank (Catch-Up Post)
By Blogging Assistant Jake McGowan (with Venkat’s supervision), with a comment from Eric Patco v. Ocean Bank, 11-2031 (1st Cir. July 3, 2012) When a scammer siphons money from a customer’s online bank account, should the bank or the customer…
Court Declines to Dismiss Video Privacy Protection Act Claims against Hulu
[Post by Venkat Balasubramani] In re Hulu Privacy Litigation, C 11-03764 LB (N.D. Cal.; Aug. 10, 2012) Hulu is facing a putative class action alleging that Hulu improperly disclosed the video viewing choices of its users without obtaining consent. Hulu…
Breastfeeding Mom Can Sue Video Producer Despite Signing a Blanket Release–Sahoury v. Meredith
By Eric Goldman Sahoury v. Meredith Corp., 2:11-cv-05180-KSH-PS (D. N.J. Aug. 2, 2012) Sahoury consented to being video-recorded while breastfeeding for inclusion in an instructional video. She claims that the video producers orally agreed to two conditions: (1) the instructional…
Online Marketplace Isn’t Liable for Bad Conduct by Merchants It Certifies–Englert v. Alibaba
[Post by Venkat Balasubramani] Englert v. Alibaba, 11CV1560 RWS (E.D. Miss.; Apr. 27, 2012) Englert and other plaintiffs purchased products found on alibaba.com. The products included “ExtenZe male enhancement, Vimax,VigRX Plus, Energy Wristband (Power Balance), and Razor Blades Fusion Power.”…
Judge Koh Puts the Kibosh on LinkedIn Referral ID Class Action — Low v. LinkedIn
[Post by Venkat Balasubramani] Low v. LinkedIn, 11-CV-01468-LHK (N.D. Cal.; July 12, 2012) This case involves the fact that LinkedIn put users’ unique identifiers into its URLs, allowing advertisers (and others) to associate that unique identifier with users–and, potentially, access…
Photographer’s Suit Against Client for Republishing Photos on Facebook Proceeds – Davis v. Tampa Bay Arena
[Post by Venkat Balasubramani with comments by Eric] Davis v. Tampa Bay Arena, Ltd., 2012 WL 2116136 (M.D. Fla.; June 11, 2012) This seems like a run-of-the-mill dispute between a photographer and client, but I think it contains some helpful…