“Electronically Printed” Does not Include Automated Merchant Email — Shlahtichman v. 1-800 Contacts
[Post by Venkat] Shlahtichman v. 1-800 Contacts, Inc., Case No. 09-4073 (7th Cir.; Aug. 10, 2010) The Seventh Circuit recently concluded that the words “electronically printed,” as used in the Fair and Accurate Credit Transactions Act of 2003, does not…
Creation of False Blog and LinkedIn Account Targeting Utah Resident Supports Personal Jurisdiction in Utah — Buckles v. Brides Club, Inc.
[Post by Venkat] Buckles v. Brides Club, Inc., Case No. 2:08-cv-00849 CW (D.Utah; Aug 11, 2010) A federal district court in Utah recently concluded that several individuals who were allegedly involved in the creation of a false blog and LinkedIn…
Facebook Friendship May Undermine University Disciplinary Board Decision — Furey v. Temple Univ.
[Post by Venkat] Furey v. Temple University, Civ. No. 09-2472 (E.D. Pa.) (Aug. 3, 2010) The Eastern District of Pennsylvania recently concluded that a Facebook ‘friendship’ between a Temple University disciplinary board member and a witness may have procedurally undermined…
Ca. Appeals Ct. Affirms Conviction For Fake MySpace Emails Intended to Influence Custody Dispute — People v. Heeter
[Post by Venkat] People v. Heeter, B213696 (Cal. Ct. App.) (Aug. 2, 2010) Background: In a criminal prosecution stemming from false evidence used in a family law dispute, a defendant was convicted of sending fake emails to herself with the…
9th Cir. Smacks Down AOL’s Advertising.com Trademark as Likely Generic — Advertise.com v. AOL
[Post by Venkat] Advertise.com, Inc. v. AOL Advertising, Inc., Case No. 10-55069 (9th Cir; Aug 3, 2010). The Ninth Circuit handed AOL a preliminary trademark loss, finding that ADVERTISING.COM is likely generic for internet advertising services. Background: AOL owned trademark…
Baidu Can Maintain Negligence Claims Against Register.com for Lax Security Practices Which Allegedly Facilitated Cyber-Attack – Baidu v. Register.com
[Post by Venkat] Baidu, Inc. v. Register.com, Inc., Case no. 10 Civ. 444 (DC) (S.D.N.Y.) (July 22, 2010). Background: Baidu registered the domain name with Register.com, a domain name registrar, which provided Baidu with “Internet traffic routing services.” A third…
Judge Denies Facebook’s Request for Judgment on the Pleadings and Strikes Power.com Counterclaims — Facebook v. Power.com
[Post by Venkat, with additional comments by Eric] Facebook v. Power Ventures, Inc., Case No. C 08-05780 (N.D. Cal. July 20, 2010) Background: Facebook and Power Ventures (Power.com) have been locked in a battle over whether Power.com should be allowed…
AOL’s Disclosure of Search Data May Support Claims Under California Law
[Post by Venkat] Does v. AOL LLC, Case No. C06-5866 SBA (N.D. Cal.; June 22, 2010) Plaintiffs bringing a class action against AOL for improper disclosure of search data scored in an initial victory in the Northern District of California….
Online Sports Ticketing Exchange Wins Dismissal Under Website User Agreement — Duffy v. The Ticketreserve, Inc.
[Post by Venkat] Duffy v. The Ticketreserve Inc. (FirstDIBZ.com), Case No. 09 C 1746 (N.D. Ill. July 6, 2010) FirstDIBZ.com operates an online market place where end users can “buy, sell, and trade options to purchase tickets to sporting events.”…
Idaho District Court Dismisses CAN-SPAM Claims Due to Non-ISP Status — Melaleuca, Inc. v. Hansen
[Post by Venkat] Melaleuca, Inc. v. Hansen, Case No. CV 07-212-E-EJL-MHW (D.Id; June 29, 2010) A federal magistrate judge in the District of Idaho dismissed spam claims brought by Melaleuca, Inc., in a (recommended) decision that’s not particularly noteworthy, except…