Holomaxx Sues Yahoo, Microsoft, and Others for Non-Delivery of Bulk Emails
[Post by Venkat] Holomaxx Technologies v. Yahoo!, Inc. and IronPort Systems, LLC, Case No. CV10-4926 (N.D. Cal.) [Scribd] Holomaxx Technologies v. Microsoft Corp. and Return Path, Inc., Case No. CV10-4924 (N.D. Cal.) [Justia Page] In what may fit under the…
Amazon Isn’t Liable for Rogue Affiliate’s Keyword Ad Buys–Sellify v. Amazon
By Eric Goldman Sellify Inc. v. Amazon.com, Inc., 2010 WL 4455830 (S.D.N.Y. Nov. 4, 2010). The initial complaint. Christopher Maki runs Sellify, which in turn runs a website/eBay store called OneQuality.com. An Amazon affiliate, “Cutting Edge Designs,” purchased the keywords…
Ad Networks Can’t Get 47 USC 230 Defense on Motion to Dismiss–Swift v. Zynga
By Eric Goldman Swift v. Zynga Game Network, Inc., 2010 U.S. Dist. LEXIS 117355 (N.D. Cal. Nov. 3, 2010). Wendy Davis’ story on the complaint filing. I have repeatedly observed that the Ninth Circuit’s Roommates.com en banc decision has not…
Job Opening: Assistant Director, High Tech Law Institute
By Eric Goldman I’m sad to announce that Cindy Tippett, our current Assistant Director of the High Tech Law Institute, will be leaving the position due to a family relocation. Cindy has been an integral part of the HTLI’s operations…
Dentist Review on Yelp Gets Partial Anti-SLAPP Protection–Wong v. Jing
By Eric Goldman Wong v. Jing, 2010 WL 4457330 (Cal. App. Ct. Nov. 9, 2010). The SF Chronicle article on the complaint filing. The dentist’s “open letter” about the lawsuit filing. Tai Jing posted a negative review of Dr. Yvonne…
Twitter Clarifies Usage Rules, but AFP Still Claims Unbridled Right to Use Content Posted to “Twitter/TwitPic”
[Post by Venkat] Twitter recently issued new guidelines regarding use of the “Twitter” and “Tweet” marks, and use of the underlying tweets by users and third parties as well: “Guidelines for Use of the Twitter Trademark.” The guidelines prompted some…
Online Forum Operator Gets Easy 47 USC 230 Win–Two Plus Two v. Jacknames
By Eric Goldman Two Plus Two Publishing LLC v. Jacknames.com, 2010 WL 4281791 (D. Nev. Sept. 30, 2010). The complaint. Steve Green’s writeup of the initial complaint filing. This one just showed up in my Westlaw queue. It looks like…
Another Federal Court Dismisses CAN-SPAM Claims Due to Lack of Standing – Melaleuca, Inc. v. Hansen
[Post by Venkat] Melaleuca, Inc. v. Hansen, No. CV 07-212-E-EJL-MHW (D. Idaho; Sept. 30, 2010) I blogged in June about a CAN-SPAM case in the District of Idaho involving CAN-SPAM and state law claims asserted by Melaleuca, a “multi-level marketing…
Holding on to a Domain Name to Gain Leverage in a Business Dispute Can Constitute Cybersquatting — DSPT Int’l v. Nahum
[Post by Venkat] DSPT International v. Nahum, Case No. 08-5506 (9th Cir.; Oct. 27, 2010) This case involves the familiar story of a company leaving the domain name registration in the hands of someone who performed web design services (in…
Victim’s Misstated Age on MySpace Could Contribute to Mistake of Age Defense–State v. Berry
By Eric Goldman State v. Berry, 2010 WL 4226707 (Or. App. Ct. Oct. 27, 2010) This is yet another case involving sex with an underage girl where the defendant believed she was older than she actually was. See my previous…