[Post by Venkat] Kramer v. Bartok, Case No. 08-3841 (8th Cir. Feb. 19, 2010) (scribd link). The Eighth Circuit recently reversed an award of $236 million in damages against a spam defendant based on a theory of secondary liability. The…
By Eric Goldman Jurin v. Google, Inc., 2010 U.S. Dist. LEXIS 18208 (E.D. Cal. March 1, 2010) Jurin v. Google is one of the 10 outstanding trademark-based claims against Google’s AdWords programs–in this case, over advertiser purchases of Jurin’s trademark…
By Eric Goldman In mid-December, in a move that got a little lost in the holiday shuffle, Rep. Steve Cohen (D-TN) introduced HR 4364, the “Citizen Participation Act of 2009,” proposing a federal anti-SLAPP law. This blog post explains why…
By Eric Goldman Copyright * Mavericks Recording Co. v. Harper (5th Cir. Feb. 25, 2010). 17 USC 402(d) precludes an innocent infringement defense in P2P downloading case when the record companies place proper copyright notices on their works. This is…
[Post by Venkat] The Ninth Circuit affirmed the district court’s ruling in Office Depot v. Zuccarini [Scribd link], agreeing that a creditor may levy against a domain name in the jurisdiction where the domain name registry is located. The decision…
By Eric Goldman Phan v. Pham, 2010 WL 658244 (Cal. App. Ct. Feb. 25, 2010) This is the first 230 case I’m blogging about in 2010 (see my 2009 recap), and what a nice ruling to start the year. The…
By Eric Goldman Lenz v. Universal Music Corp., 5:07-cv-03783-JF (N.D. Cal. Feb. 25. 2010) In the lawsuit over the allegedly bogus takedown of a YouTube video of a baby dancing to Prince’s “Let’s Go Crazy” (previous blog coverage), Judge Fogel…
By Eric Goldman Flowbee International, Inc. v. Google, Inc., 4:10-cv-00668-LB (S.D. Tex. Feb. 8, 2010). My post on Flowbee’s initial complaint. Google has successfully transferred Flowbee v. Google from Texas to California by invoking the venue selection clause in its…
By Eric Goldman Scherillo v. Dun & Bradstreet, Inc., 2010 WL 537805 (E.D.N.Y. Feb. 17, 2010) I teach my Cyberspace Law students that the most effective online contract formation process is a “mandatory non-leaky clickthrough agreement”: * mandatory = the…
By Eric Goldman Google, Inc v. myTriggers.com, Inc., 09 CV 14836 (Franklin County Ct. of Common Pleas, Ohio). Google filed its first amended complaint on January 20, 2010. myTriggers filed an answer with counterclaims on February 2, 2010. See both…