Screenshotting a Newspaper Page May Infringe a Licensed Photo--Hirsch v. Complex

Screenshotting a Newspaper Page May Infringe a Licensed Photo–Hirsch v. Complex

This is a copyright infringement lawsuit. Hirsch, a professional photographer, took a photo of Santino Boderick, who was an associate of a well-known hiphop artist, Bobby Shmurda. Hirsch licensed the photograph to the New York Post, where it appeared in…

Another Gambling Case Over Online Virtual Coins Proceeds--Wilson v. Playtika

Another Gambling Case Over Online Virtual Coins Proceeds–Wilson v. Playtika

I blogged about Big Fish, who had a trip to the Ninth Circuit and was denied a bid to arbitrate claims against it based on its waiver of the right to arbitrate. As a follow up, I also blogged about…

Gambling App Fails to Create Binding Terms of Service--Wilson v. Huuuge

Gambling App Fails to Create Binding Terms of Service–Wilson v. Huuuge

I’ve blogged about the Big Fish gambling case before Judge Leighton. He declined to order arbitration in that case, finding that Big Fish waived its right to arbitrate by extensively litigating the case. Judge Leighton is hearing some other similar…

Defendant Can’t Send Virtual Gambling Claims to Arbitration

Churchill Downs’ Big Fish Casino is accused of violating Washington’s gambling statute. It moved to dismiss and was successful in district court. On appeal, the Ninth Circuit said that the Big Fish casino may violate Washington’s anti-gambling statute. (Previous blog…

Video Advertising Contract Descends Into Possible "Cyberattack"--Radian Weapons v. GY6Vids

Video Advertising Contract Descends Into Possible “Cyberattack”–Radian Weapons v. GY6Vids

This is a lawsuit between Radian Weapons and GY6Vids, a company that Radian hired to promote Radian’s products on YouTube. (GY’s YouTube channel currently has almost seven hundred thousand subscribers. Press coverage of the lawsuit from The Bulletin here.) The…

Ninth Circuit Interprets Autodialer Broadly For TCPA Purposes

Marks signed up for a gym membership with Crunch Fitness. He received three text messages. He sued on behalf of a putative class. The key question is whether the messages were sent using an “automatic telephone dialing system” (ATDS) under…

Departing Employee Required to Transfer Social Media Accounts–Hyperheal Hyperbarics v. Shapiro

This is an ownership dispute over a departing employee’s right to use social media accounts and trademarks of an employer. The facts are somewhat atypical. Shapiro founded a company called Hyperheal Hyperbarics to provide “hyperbaric oxygen therapy”. In 2014, the…

IP Address Subscriber Isn’t Liable for Copyright Infringement by Users Sharing That IP Address–Cobbler v. Gonzales

Plaintiff owns copyrights to “The Cobbler” movie and is trying to enforce its rights via litigation in courts around the country. Eric previously blogged about another The Cobbler enforcement suit that didn’t turn out well for the plaintiff. In this…

Amazon Again Avoids Liability for Defective Marketplace Item--Fox v. Amazon

Amazon Again Avoids Liability for Defective Marketplace Item–Fox v. Amazon

This is a product liability lawsuit against Amazon due to a hoverboard purchased via Amazon that caught on fire. Plaintiffs bought the hoverboard from the Amazon site in November 2015 as a Christmas gift for their son. The son used…

Uber’s Contract Formation Process Fails (Again)--Cullinane v. Uber

Uber’s Contract Formation Process Fails (Again)–Cullinane v. Uber

The plaintiffs allege Uber made overcharges or improper surcharges. Uber moved to compel arbitration. The district court granted the motion, despite the lack of a leakproof contract formation mechanism. (Blog post mentioning the district court ruling here: “Courts Approve Terms…