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…
Video of the Patent Opera Is Now Online!
Last week, the High Tech Law Institute hosted a performance of “The Passionate Patent,” perhaps the only opera ever written that relates in any way, shape or form to patent law. The creators self-describe the opera as “Experience the challenge…
Social Worker’s Facebook Rant Justified Termination — Shepherd v. McGee
Shepherd v. McGee, 2013 U.S. Dist LEXIS 159432 (D. Or. Nov. 7, 2013) Plaintiff Jennifer Shepherd was a child protective services (CPS) caseworker for the Oregon Dept. of Human Services (DHS). She investigated reports of child abuse and made recommendations…
Think Hoarding Passwords Keeps You Safe From Firing? Think Again (Forbes Cross-Post)
Most employees think they are indispensable to their employers, but in fact, most employees are easily replaced. A recent legal ruling involved an IT manager who sought job security by holding “the keys to the kingdom”–the passwords to the company’s…
“Wiggin Out” Over a Wig Purchase Dispute Leads to Online Defamation – Sanders v. Walsh
At what point does online mudslinging become actionable defamation? In September, an appellate court in California upheld a wig seller’s liability for defamatory statements made on online forums, focusing on the false factual nature of the claims. Cite: Sanders v….
Lawsuit Over Google Hangouts Gutted–Be In v. Google
Be In v. Google, 12-cv-03373-LHK (N.D. Cal. Oct. 9, 2013) Be In developed “CamUP,” described as a “social entertainment consumption platform that allows a group of friends to simultaneously watch, listen, chat and collaborate around shared videos, music, and other…
Section 230 Protects Another Newspaper From Liability For User Comments–Hupp v. Freedom Communications
Hupp v. Freedom Communications, Inc., 2013 WL 5947033 (Cal. App. Ct. Nov. 7, 2013) This is a minor case involving a pro se plaintiff and a straightforward application of the law, so normally I wouldn’t blog it. However, over the…