It’s Illegal For Offline Retailers To Collect Email Addresses–Capp v. Nordstrom
The California Supreme Court issued a decision a couple of years ago holding that a zip code is “personal identification information” under the Song-Beverly Credit Card Act of 1974, making it illegal for retailers to ask consumers to provide zip…
Facebook Rant Against ‘Arial’ Font Helps Reverse Sex Offender Determination
Another day, another workplace problem due to an off-hours Facebook rant. Doe is a convicted sex offender. He fought the Massachusetts Sex Offender Registry Board’s determination that he needed to register as a level 3 sex offender. As part of…
AFP & Getty’s Republication of Twitter/Twitpic-Sourced Photos Turns Out to Be Costly – AFP v. Morel
This is a long-running copyright infringement case that we’ve covered repeatedly. (My most recent post with a pre-trial recap: AFP v. Morel – Lawsuit Over Haiti Photos Taken From Twitter/Twitpic Goes to Trial.) AFP and (through AFP) Getty thought they had…
WhitePages Gets Its Inevitable Section 230 Win–Nasser v. WhitePages
WhitePages.com publishes white pages information (get it?). It obtained and published information from third parties that incorrectly listed Nasser’s phone number as a Comcast phone number. As a result, Nasser got a voluminous number of angry phone calls intended for…
Google’s Forum-Selection Clause Upheld Again–Rudgayzer v. Google
Over the years, Google has defended its standardized agreements numerous times in court. As with its litigation portfolio generally, Google has had an excellent success rate in these cases. Recently, another court upheld Google’s member agreement–not a surprising outcome, but…
Did Monster Energy Make A ‘Dope’ Contract With DJ Z-Trip? Nope (Forbes Cross-Post)
What is the legal meaning of the word “Dope”? Monster Energy argued that the word “Dope!” granted it permission to publish copyrighted material. The court says nope. Monster Energy put together a promotional YouTube video that used a remix (the…
Another Keyword Advertising Lawsuit Unceremoniously Dismissed–Infostream v. Avid
Infostream Group Inc. v. Avid Life Media Inc., 2013 WL 6018030 (C.D. Cal. Nov. 12, 2013) There is an active, long-standing and wide-ranging litigation war being waged between two groups of websites in the “sugar daddy“/”sugar baby” hook-up category. I…
Fake LinkedIn Profile May Cause Trademark Infringement – Avepoint v. Axceler
Avepoint, Inc. v. Power Tools, Inc. d/b/a Axceler, 7:13CV00035 (W.D. Va. Nov. 7, 2013) Avepoint and Axceler are competitors providing “infrastructure management and governance software platforms for Microsoft Sharepoint products and technologies.” Avepoint alleged that Axceler denigrated Avepoint online. Specifically,…
Employee Termination Based on Mistaken Belief of Facebook Post Authorship Upheld — Smizer v. Community Mennonite Early Learning Ctr.
Smizer v. Community Mennonite Early Learning Ctr, 2013 WL 5769936 (7th Cir. Oct. 25, 2013) [pdf] Lawrence Smizer was a teacher’s aide at Mennonite Early Learning Center. His sister was apparently involved in a bitter custody dispute involving her son….
AFP v. Morel – Lawsuit Over Haiti Photos Taken From Twitter/Twitpic Goes to Trial
We’ve previously covered AFP v. Morel, the case where photographer Daniel Morel is suing AFP, Getty and downstream licenses for allegedly infringing on his copyrighted material. In a nutshell, he took some iconic photos following the Haiti earthquake. AFP sourced…