“Social Media and Trademark Law” Talk Notes
…another person”) – CFAA, trade secret, etc. 2. Namespace Disputes A. Usernames are scarce and valuable * Namespace proliferation with every new social media * Leads to username squatting B….
Facebook Gets Decisive Win Against Pseudo-Competitor Power Ventures — Facebook v. Power Ventures
…as a spammer whenever it wants. Similarly counterproductive to Facebook’s interests is the expansive interpretations of the CFAA and Penal Code 502. Facebook grabs a lot of content from third…
Another Set of Parties Duel Over Social Media Contacts — Eagle v. Sawabeh
…CFAA claim was premised on Eagle’s alleged improper access of Edcomm’s AT&T account and misappropriation of Edcomm’s number. The claim is somewhat strange in that it doesn’t really identify what…
The Cookie Crumbles for Amazon Privacy Plaintiffs – Del Vecchio v. Amazon
…hurdle. CFAA Claim: The court identifies two problems with the CFAA claim. First, plaintiffs fail to satisfy the $5,000 damage threshold. Plaintiffs argued that Amazon’s use of cookies “devalued” their…
Q3 2011 Quick Links, Part 5
…an analogous regulation, see the significant expansion of the CFAA over the past quarter-century, and especially the growing number of cases involving CFAA violations because former employees continued to access…
In Facebook’s Lawsuit Against Alleged Spammer, Court Denies MaxBounty’s Motion to Dismiss
…networks “electronic mail messages” that are subject to CAN-SPAM. The CFAA claims similarly push the envelope. Terms of use-based CFAA claims are widely recognized as being overly broad and encapsulating…
Web Vendor Dispute Gets Ugly–Ground Zero Museum v. Wilson
…CFAA claim fails on summary judgment because “Plaintiffs have produced no evidence to back up their assertion that Wilson damaged the website or that his actions caused at least $5,000…
Deep Packet Inspection Lawsuits: NebuAd Partner ISP Wins Summary Judgment — Kirch v. Embarq
…privacy, trespass and CFAA claims. This left the ECPA claim. (The court says the claims were dismissed pursuant to “stipulation,” but does not get into detail as to whether there…
Another Lawsuit over Flash Cookies Fails — Bose v. Interclick
…asserted putative class claims under the Computer Fraud and Abuse Act, New York’s unfair competition statute, and common law trespass. CFAA claims: Bose asserted three types of damages to support…
A Close Look at Missouri’s “Amy Hestir Student Protection Act” (Guest Blog Post)
…the CFAA would have effectively criminalized the violation of terms of service (ToS) agreements, adding criminal penalties to what has been an exclusively civil matter. Had that set a precedent,…