Citysearch Click Fraud Class Certified–Menagerie v. Citysearch
…named plaintiff and Menagerie Productions now gets the honor. The big news is that earlier this month, the judge certified claims for breach of contract and fraud under California’s unfair…
Starbucks Data Breach Plaintiffs Try Their Luck in the 9th Circuit — Krottner v. Starbucks
…the future. The dispute raises the familiar issue of whether the harm in the data breach context lies in the breach, or the actual misuse of the data. Courts have…
Google AdWords Litigation Keeps Rolling In–Parts Geek v. US Auto Parts
…issues, and it wasn’t as fleshed out or robust as we normally see in anti-crawling lawsuits (i.e., no claims for breach of contract, trespass to chattels, copyright infringement or violations…
Court Sanctions Lawyer for Including Social Security Number and Date of Birth Information in Filing — Engeseth v. Isanti County
…case in consumer data breach cases. In other words, it’s difficult to gain leverage in a case based on the opposing party’s wrongful inclusion of personal information in a court…
Israeli Judge Permits Unlicensed Sports Event Streaming—FAPL v. Ploni (Guest Blog Post)
…issues, including international jurisdiction over the Internet, Israeli John Doe procedure, what constitutes copyright infringement (whether streaming live sports over the Internet breaches copyright at all), and more. But the…
Yahoo Subpoenas Expedia in American Airlines Lawsuit
…and is taking the position that Expedia exceeded the contract and such a contract breach constitutes trademark infringement. American Airlines is also arguing that Yahoo is tortiously interfering with the…
Google Goes on Offensive in AdWords Trademark Lawsuit–Google v. John Beck Amazing Profits
…judgment that AdWords doesn’t infringe plus a breach of contract claim that the lawsuit filing breached the AdWords contract provision requiring any AdWords-related lawsuit to be brought in California. Going…
Republishing Third Party Ratings in Marketing Material Might Be Copyright/Trademark Infringement–Health Grades v. Robert Wood Johnson Univ. Hospital
…of precedent that have held that copyright and breach of contract claims can co-exist harmoniously. In my opinion, the breach of contract claim seemed way more promising than either the…
47 USC 230 Can Support 12b6 Motion to Dismiss-Gibson v. Craigslist
…argues that Craigslist had a duty to prevent the sale of guns to future criminals and therefore Craigslist breached the duty. This argument is similar to the Doe v. MySpace…
Contributory Cybersquatting and the Impending Demise of Domain Name Proxy Services?–Solid Host v. NameCheap
…and initial owner of the domain name solidhost.com, which it registered through eNom in 2004. Solid Host claims that in 2008, a security breach at eNom allowed an unknown interloper…