Defendant Gets Attorneys’ Fees For ‘Frivolous’ DMCA Copyright Management Information Claim
In March, a district court in Virginia examined in-depth the justifications for awarding attorney’s fees with respect to weak copyright and DMCA claims. Background Ross Builder and Boathouse Creek Graphics (BCG) are custom home designers. In 2010, Ross filed a…
IP Battle Between Jumpy House Manufacturers Isn’t Bounced – WhatRU Holding v. Bouncing Angels
At any moment, a product manufacturer can find itself trapped in a tangled nightmare of IP infringement claims. In WhatRU Holding, LLC v. Bouncing Angels, Inc., a district court in Minnesota found personal jurisdiction over a defendant company that sold…
Teacher’s Semi-Racy Facebook Photo Doesn’t Justify Firing – In re Laraine Cook
At what point does a teacher’s Facebook photo cross the line from humorous to inappropriate? Last December, an Idaho panel considered whether a teacher’s semi-racy photo justified the school district terminating her employment. See the photo in controversy at New…
Copyright Suit Over Second Life Terraforming Survives Summary Judgment, Then Settles — FireSabre v. Linden
What happens when a virtual world designer sues for “unauthorized” use of a virtual “island?” In late September, a New York district court denied summary judgment and cleared the way for a full trial on a virtual world copyright infringement…
“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….
Regional Trademark Owner Can’t Block Junior User’s Internet Presence–Dudley v. HealthSource (Catch-up Post)
[Eric’s note: I hoped to blog this at Forbes last year and just ran out of time. The case addresses such a classic Internet trademark law question that it’s worth sharing even at this late date.] Dudley v. Healthsource Chiropractic,…
eBay Not Liable for Technical Glitch When Seller Doesn’t Set Reserve Price — D’Agostino v. eBay
By Jake McGowan D’Agostino v. eBay, Inc., NO. A–5954–11T4 (N.J. Super. Ct. Sept. 13, 2013) To what extent is eBay liable for “lost profits” when a technical glitch makes a seller’s listing less appealing? This lawsuit is too weak to…
Multiple Listing Service Gets Favorable Appellate Ruling in Scraping Lawsuit
By Jake McGowan, with comments from Eric & Venkat Metropolitan Regional Information Systems, Inc. v. American Home Realty Network, Inc., 2013 WL 3722365 (4th Cir. July 17, 2013) This is a follow-up to our massive post on anti-scraping lawsuits in the…
Online Retailer Pays Minimum Damages When Taken Down Item Inadvertently Returns–Rosen v. Netfronts
By Jake McGowan Rosen v. Netfronts, CV 12-658 CAS (C.D. Cal. July 9, 2013) What happens when a website operator takes down a potentially copyright-infringing item, only to have it reappear through a technical mix-up? On July 9, a district…
“Heisman Pose” Photographer’s Lawsuit Whittled Down–Masck v. Sports Illustrated
By Jake McGowan Masck v. Sports Illustrated, et al., 2:13-cv-10226-GAD-DRG (E.D. Mich. June 11, 2013) Back in February, we blogged about photographer Brian Masck’s Shakespearean complaint, asserting copyright infringement claims (and others) against numerous defendants for using his famous “Heisman…