“Heisman Pose” Photographer Sues for Copyright Infringement – Masck v. Sports Illustrated, et al.
By Jake McGowan [writings][LinkedIn] Masck v. Sports Illustrated, et al., 2:13-cv-10226-GAD-DRG (E.D. Mich. complaint filed Jan. 18, 2013) On his journey to winning the Heisman Trophy for the 1991 season, University of Michigan’s Desmond Howard returned a punt 93 yards…
Revisiting the Ninth Circuit’s 1979 AMF v. Sleekcraft Case Post-Remand (Guest Blog Post)
By Guest Blogger Sruli Yellin [Eric’s note: like many IP professors, I’ve taught the 1979 9th Circuit ruling in AMF v. Sleekcraft for years. It’s the flagship Ninth Circuit opinion on the likelihood of consumer confusion factors, and it’s one…
Israeli Court Says Full-Text RSS Feeds Create an Implied Copyright License (Guest Blog Post)
By Guest Blogger Jonathan J. Klinger Aggregation of content through RSS feeds has been a big issue every since websites began to use RSS to distribute their content. See, e.g., Prof. Goldman’s discussion of the issue in 2005. Still, we…
Facebook Entry and Blog Post May Support Retaliation Claim – Stewart v. CUS Nashville
[Post by Venkat Balasubramani] Stewart v. CUS Nashville (Coyote Ugly), 3:11-cv-0342 (M.D. Tenn. Feb. 6, 2013) This is a Fair Labor Standards Act lawsuit brought against Coyote Ugly. Among other things, plaintiffs argued that defendants engaged in an illegal tip-pooling…
Territorial Implications of Antigua’s Internet-Based IP Sanctions Against the US (Guest Blog Post)
By Guest Blogger Marketa Trimble At the end of January 2013, the WTO authorized Antigua to suspend its intellectual property obligations toward the United States in retaliation for the United States’ breach of WTO rules. There are at least three…
Yelp Defeats Legal Challenge to Its User Review Filter (Forbes Cross-Post)
By Eric Goldman Demetriades v. Yelp, Case No.: BC484055 (Cal. Superior Ct. Jan. 25, 2013). Some supporting documents: * Yelp’s anti-SLAPP motion to strike * Demetriades’s opposition * Yelp’s reply Yelp ($YELP) uses an automated review filter to suppress some user reviews…
Conference Announcement: A 15 Year Retrospective of the Digital Millennium Copyright Act, SCU, March 15
By Eric Goldman On March 15, 2013 at Santa Clara University, the High Tech Law Institute is hosting a conference entitled “A 15 Year Retrospective of the Digital Millennium Copyright Act.” Our co-sponsors include the advisory committee to the Congressional…
Newspaper Not Liable for Moderated Online Reader Comments–Gains v. Romkey (Catch-Up Post)
By Eric Goldman Gains v. Romkey, 2012 IL App (3d) 110594-U (Ill. App. Ct. July 3, 2012) [Note: I’m terribly behind in blogging 47 USC 230 cases, and on top of that, this case just showed up in my Westlaw…
What Should We Do About Revenge Porn Sites Like Texxxan? (Forbes Cross-Post)
Periodically, a new controversy springs up about a website that encourages users to post anti-social or distasteful content. A few years ago it was sites like JuicyCampus or People’s Dirt that requested users to gossip about each other; followed by…
Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211
[Post by Venkat Balasubramani] [Washington State’s Proposed Employer Social Media Password Legislation – SB 5211] Eric previously posted on his concerns about California’s law restricting employer access to social media accounts. The Washington State Senate recently proposed a law (SB…