Federal Court in Virginia Court Says Domain Names Are Not Property, But Contractual Rights
Following the sex.com case from the Ninth Circuit, it is taken for granted that domain names are property that can be converted, sold, transferred, or subject to a creditor’s collection efforts. Interestingly, a federal district court in Virginia took a…
Top Ten Internet Law Developments Of 2013 (Forbes Cross-Post)
A look back at the Internet law highlights of 2013: #10: Copyright Defendants Get High-Stakes Wins. 2013 saw several copyright defendants win long-running litigation affairs–and potentially crack open new markets, including (1) Google’s stirring win in its nearly decade-long Google…
Nurse Properly Fired and Denied Unemployment Due to Facebook Rant
Guevarra worked as a staff nurse at Seton Medical Center for 12 years. In mid-May 2011, shortly before she went to work, she posted the following Facebook post: Instead of spending my birthday celebrating, I will be working all night…
Is Sacramento The World’s Capital of Internet Privacy Regulation? (Forbes Cross-Post)
It’s only two hours between Sacramento, California’s state capitol, and the Silicon Valley, the world’s technology capital, but when it comes to regulating the Internet, philosophically they are worlds apart. The two worlds collided in 2013 when Sacramento enacted a…
Is It Software? Is It a Service? It Matters for Trademark Registration Purposes
A recent trademark decision from the airline leasing industry highlights the importance of thinking about whether a mark used in connection with software (1) is being used on a product (software), (2) is being used for “software as a service,” or…
Protip: Don’t Send Emails Threatening to “Inflict the Maximum Amount of Financial Pain” Allowed By Law
Dr. Karan wanted to open a call center in India to assist doctors in handling patient calls. He entered into agreements with Computech and mLogica, two entities owned by his childhood friend, Amit Okhandiar. Under the agreement, the two entities…
Details About Amazon’s Confidential Settlement Terms For A Keyword Advertising Lawsuit (Forbes Cross-Post)
Most lawsuits settle; and most settlements are confidential. As a result, outsiders often don’t learn who “won” a settled lawsuit or the range of standard settlement terms. Fortunately, a dispute over the settlement agreement in a keyword advertising trademark lawsuit…
Video Privacy Protection Act Plaintiffs Can Proceed Against Hulu Absent Showing of Actual Injury
Plaintiffs sued Hulu asserting violations of the Video Privacy Protection Act based on alleged disclosures to Comscore and Facebook of plaintiffs’ viewing information. The court denied an initial motion to dismiss by Hulu based on standing. Hulu later brought a…