AdKnowledge Denied 47 USC 230 Immunity (Again)–Chang v. Wozo
By Eric Goldman Chang v. Wozo LLC, 2012 WL 1067643 (D. Mass. March 28, 2012) This case is a cross between Swift v. Zynga and Goddard v. Google. Tatto runs a website, Wozo, that sells art posters. It created a…
Courts Struggling Needlessly With Online Contracting Practices (Guest Blog Post)
By John Ottaviani Fteja v. Facebook, Inc., No. 11 Civ 918(RJH), 2012 WL 183896 (S.D.N.Y. Jan 24, 2012) Jerez v. JD Closeouts, LLC, No. CV-024727-11, 2012 WL 934390 (N.Y. Civ. Ct. March 20, 2012) For over a decade, I have…
Second Circuit Ruling in Viacom v. YouTube Is a Bummer for Google and the UGC Community
By Eric Goldman Viacom International, Inc., v. YouTube, Inc., 10-3270-cv, 2012 WL 1130851 (2d Cir. April 5, 2012). The companion case is the Football Association Premier League Ltd. v. YouTube, 10-3342-cv Overview After five years in the courts, the Viacom…
Tough Mudder Gets Its Hands Dirty in Trade Dress Fight (Guest Blog Post)
By Guest Blogger Tsan Abrahamson of Cobalt Law [Eric’s introduction: Tsan and I go back two decades to when we were both JD/MBA students at UCLA; then we worked together at Cooley in the second half of the 1990s before…
Data Security Breach Settlement Class of 130M Individuals Has 11 Claimants (at a Cost of $160k Per)–In re Heartland Payment Systems
By Eric Goldman In re Heartland Payment Systems, Inc. Customer Data Security Breach Litigation, 2012 WL 948365 (S.D. Tex. March 20, 2012). The settlement website. [Note: I know that many big-scale class action lawsuits have similarly mockable numbers. But I…
Users Can’t Sue Sony for Changing Online Terms to Require Arbitration – Fineman v. Sony Network Entertainment
[Post by Venkat Balasubramani] Fineman v. Sony Network Entertainment, C 11-05680 SI (N.D. Cal.; Feb. 9, 2012) In a move that caused a stir among consumer activists and others, Sony revised its EULA in September 2011 requiring PlayStation 3 users…
Brief Brand Reference in TV Ad Constitutes Trademark Dilution–Louis Vuitton v. Hyundai
By Eric Goldman Louis Vuitton Malletier, S.A. v. Hyundai Motor America, 2012 WL 1022247 (S.D.N.Y., March 22, 2012). The ad in question (also embedded below). The first amended complaint. Introduction Back in 2007, we held a major academic symposium on…