Copyright Office Gratuitously Kills the DMCA Safe Harbor For Thousands of Websites
…provider in the system (including the primary and secondary account contacts, the service provider, and the designated agent)….If, after those multiple reminders, a service provider fails to renew its designation,…
Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. BagSpot
…that, the court tosses this litigation into the summary judgment trash can. Case citation: ZW USA, Inc. v. PWD Systems, LLC, 2016 WL 5236934 (E.D. Mo. Sept. 22, 2016) Blog…
Why I’ve Paused My Blogging at Forbes
…able to do more deep-dive 3k+ word posts (such as this post on the FTC’s suit against 1-800 Contacts) that seemed overwhelming to contemplate while I was actively maintaining my…
AdWords Buys Using Geographic Terms Support Personal Jurisdiction–Rilley v. MoneyMutual
…of the minimum contacts analysis. The court summarizes its minimum contacts analysis: After a thorough review, we conclude that minimum contacts with Minnesota exist and support the exercise of personal…
FTC Sues 1-800 Contacts For Restricting Competitive Keyword Advertising
…Contacts Appeals 2nd Circuit WhenU Decision to the Supreme Court * Important 2d Circuit Adware Case–1-800 Contacts v. WhenU * LA Times on Adware Advertisers–Including 1800 Contacts? Supplement: 1-800 Contact’s…
Blogger Doing Investigative Research Defeats Personal Jurisdiction–FireClean v. Tuohy
…explains Tuohy’s lack of traditional contacts with Virginia: Tuohy has no home, office, or property in Virginia. He did not write any of the allegedly defamatory statements in Virginia. Nor…
Message Board Operator May Be Liable For Moderator’s Content–Enigma v. Bleeping
It’s been a brutal year for Section 230 jurisprudence, and the hits keep coming. In today’s case, the parties ran into a judge who seemed unshakably determined–for reasons I can’t…
Twitter May Be Liable for Sending Texts to Recycled Cellphone Numbers–Nunes v. Twitter
…people on his contact list to join the service is the one who initiates the call as he is picking among various contacts to determine who is invited. This is…
Q2 2016 Quick Links, Part 3 (Defamation, Online Reviews, Section 230)
…9558, 2015 WL 6407532, at *3 (N.D. Ill. Oct. 21, 2015) (“[Visiting a website] is unlike other examples of minimum contacts because the act of visiting a website that is…
Q2 2016 Quick Links, Part 1 (Intellectual Property)
…the low likelihood of confusion resulting from merely employing trademarked phrases in a non-customer facing environment, such behavior does not constitute trademark infringement. See, e.g., 1-800 Contacts, Inc. v. Lens.com,…