In Hannaford Data Breach Case, First Circuit Says Card Replacement and ID Theft Insurance are Reasonable Mitigation Damages and Compensable–Anderson v. Hannaford Bros.
[Post by Venkat Balasubramani] Anderson v. Hannaford Brothers Co., 10-2384; 2450 (1st Cir. Oct. 20, 2011) Background: Plaintiffs sued Hannaford based on a massive data breach in 2007. In this…
Q3 2011 Quick Links, Part 2 (Trademarks/Domain Names Edition)
…that Defendant lures its customers away: it argues instead that Plaintiff has a harder time making business contacts because the contacts believe the Plaintiff is the Defendant. Thus, this case…
Colorado Judge Drills Righthaven and Awards Attorneys’ Fees–Righthaven v. Wolf
By Eric Goldman Righthaven LLC v. Wolf, 1:11-cv-00830-JLK (D. Colo. Sept. 27, 2011) Another judge, this time in Colorado, issued another stinging rebuke to Righthaven. This time it was Judge…
Gilbert Arenas’ Tweets Sinks His Motion to Enjoin “The Basketball Wives” — Arenas v. Shed Media
[Post by Venkat Balasubramani] Arenas v. Shed Media, CV 11-05279 (C.D. Cal.; Aug 22, 2011) Arenas is a basketball player for the Orlando Magic. He goes by various nicknames, including…
Resetting the Righthaven Fiasco (July-August 2011 Quick Links, Part 1)
By Eric Goldman The Righthaven empire is in tatters. It hasn’t expanded its inventory of cases for months (no new cases in July or August); its existing inventory of cases…
Consumer Reviews at “Local” Review Sites Don’t Support Jurisdiction–Wilkerson v. RSL
…imputed to an individual user such as Wilkerson for the purpose of determining whether he established minimum contacts with Texas sufficient to justify exercising jurisdiction over him….Thus for purposes of…
Missouri Federal Court Says LegalZoom Could be Engaged in the Unauthorized Practice of Law — Janson v. LegalZoom
…the plaintiffs in question “never believed that they were receiving legal advice while using the LegalZoom website,” and did not have any contacts with LegalZoom employees. While the court’s overall…
Newspaper’s Discussion About Trademark Owner Protected as Nominative Use–1 800 GET THIN v. Hiltzik
By Eric Goldman 1 800 GET THIN v. Hiltzik, 2:11-cv-00505-ODW -E (C.D. Cal. July 25, 2011) I’m sure any trademark experts reading this post are scratching their heads at the…
Ninth Circuit Reconsiders SEO-Destroying Injunction Against DMV.Org–TrafficSchool v. EDriver (Joint Blog Post)
By Rebecca Tushnet and Eric Goldman TrafficSchool.com, Inc. v. Edriver Inc., 2011 WL 3198226 (9th Cir. July 28, 2011) [Over the years, Rebecca and I have blogged dozens of the…
Power.com Up For Auction — Facebook v. Power Ventures
…social network aggregator. Facebook was unhappy with, among other things, the fact that Power.com allowed Facebook users to access their Facebook accounts and extract data (and contacts) through Power.com, which…