Parents’ Lawsuit Against Apple for In-App Purchases by Minor Children Moves Forward — In re Apple In-App Purchase Litigation
[Post by Venkat Balasubramani] In re Apple In-App Purchase Litigation, 5:11-CV-1758 (N.D. Cal.; Mar. 31, 2012) Facebook recently dealt with a class action over sponsored stories where minors asserted violations of their publicity rights. The court enforced the Facebook terms…
AdKnowledge Denied 47 USC 230 Immunity (Again)–Chang v. Wozo
By Eric Goldman Chang v. Wozo LLC, 2012 WL 1067643 (D. Mass. March 28, 2012) This case is a cross between Swift v. Zynga and Goddard v. Google. Tatto runs a website, Wozo, that sells art posters. It created a…
Brief Brand Reference in TV Ad Constitutes Trademark Dilution–Louis Vuitton v. Hyundai
By Eric Goldman Louis Vuitton Malletier, S.A. v. Hyundai Motor America, 2012 WL 1022247 (S.D.N.Y., March 22, 2012). The ad in question (also embedded below). The first amended complaint. Introduction Back in 2007, we held a major academic symposium on…
Lawsuit Against Avvo for Lawyer’s Profile Dismissed as SLAPP–Davis v. Avvo
By Eric Goldman Davis v. Avvo, 2:11-cv-01571-RSM (W.D. Wash. March 28, 2012). Avvo’s post when the lawsuit was initially filed. Florida lawyer Larry Joe Davis, Jr. claimed that his Avvo profile misrepresented his practice. He sued Avvo in Florida for…
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…
Jan.-Feb. 2012 Quick Links, Part 5 (Advertising, Consumer Reviews & Search Engines)
By Eric Goldman Advertising and Marketing * CLRB Hanson Industries, LLC v. Weiss & Associates, PC, 2012 WL 20539 (9th Cir. Jan. 5, 2012). Ninth Circuit rejected a challenge to the CLRB Hanson v. Google settlement over AdWords budget caps….
Fake Political Attack Video Doesn’t Violate Lanham Act–Ron Paul v. Does
By Eric Goldman Ron Paul 2012 Presidential Campaign Committee, Inc. v. Does, 3:12-cv-00240-MEJ (N.D. Cal. March 8, 2012) The Doe Defendants registered the alias “NHLiberty4Paul” at YouTube and Twitter and posted a YouTube video attacking Jon Huntsman. The video ends…
Reputation Management Lawsuit Is Shot Down–Bernard v. Donat
By Eric Goldman Bernard v. Donat, 2012 WL 525533 (N.D. Cal. Feb. 16, 2011). The Justia page. Donald Ray Bernard is an energy consultant, big game hunt tour operator, former lawyer and former law professor. His LinkedIn page. His Google…
Court Denies Kravitz’s Motion to Dismiss PhoneDog’s Amended Claims — PhoneDog v. Kravitz
[Post by Venkat Balasubramani] PhoneDog v. Kravitz, 2012 U.S. Dist. LEXIS 10561 (N.D. Cal.; Jan. 30, 2012) PhoneDog and Kravitz are fighting over ownership of the Twitter account Kravitz used while he was working for PhoneDog. In an earlier order,…