Lovelorn Plaintiffs Strike Out Against Match.com – Robinson v. Match.com
[Post by Venkat Balasubramani] Robinson v. Match.com, 10-CV-2651-L (N.D. Tex. Aug. 10, 2012) [pdf] This is another suit brought by users of a dating site who claim that a dating site deceptively leaves inactive users in its system, thus reducing…
Split 9th Circuit Panel Approves Facebook Beacon Settlement – Lane v. Facebook
[Post by Venkat Balasubramani] Lane v. Facebook, 10-16380 (9th Cir. Sept. 20, 2012) Facebook’s Beacon initiative has generated more than a few blog posts. Judge Seeborg approved the class settlement, over the objections of several objectors, including Ginger McCall. The…
Cafepress Suffers Potentially Significant Trademark Loss for Users’ Uploaded Designs (Forbes Cross-Post)
Cafepress.com ($PRSS) provides a popular user-to-user marketplace websites that allows users to upload logos or slogans and sell items bearing those logos or slogans, which Cafepress.com manufactures on demand (a so-called “print-on-demand” service). Like any other user-generated content website, there’s always…
Another Blow to Banks in ACH Fraud Cases: Funds Transfers Act Preempts Indemnity Agreements — Choice Escrow v. BancorpSouth
[Post by Jake McGowan] Choice Escrow and Land Title, LLC v. BancorpSouth Bank, 10-03531 (W.D. Miss. Aug. 20, 2012) Asharkyu / Shutterstock.com Last month, we blogged about Patco v. Ocean Bank, where the First Circuit held that the bank may…
Barnes & Noble’s Online Contract Formation Process Fails –Nguyen v. Barnes & Noble
[Post by Venkat Balasubramani] Nguyen v. Barnes & Noble, 12-cv-0812-JST (RNBx) (C.D. Cal.; Aug. 28, 2012) Plaintiff tried to purchase an HP “TouchPad” tablet that was on sale because the model was being discontinued by HP. According to plaintiff, he…
Virtual (SuperPoke!) Pet Owners Must Arbitrate Their Claims Against Google and Slide — Abreu v. Slide
[Post by Venkat Balasubramani] Abreu v. Slide, Inc., 12 0042 WHA (N.D. Cal.; July 12, 2012) This is a motion to compel arbitration filed by Google and Slide, the developer of SuperPoke! Pets. As mentioned by Eric in this initial…
Online Marketplace Not Liable to Buyer for Aborted Private Sale of Facebook Shares — Facie Libre Associates v. SecondMarket Holdings
[Post by Venkat Balasubramani] Facie Libre Associates v. SecondMarket Holdings, 2012 N.Y. Misc. Lexis 3914; 2012 NY Slip Op 51545U (Supreme Court of NY; Aug 10, 2012) SecondMarket operates an “online marketplace website” where shares of privately held companies are…
Amazon.com’s Anti-Counterfeiting Efforts Blessed by California Appellate Court (Forbes Cross-Post)
By Eric Goldman A California appellate court has blessed Amazon.com’s ($AMZN) efforts to police counterfeit goods sold by its third party merchants. This is especially good news for Amazon because the leading precedent on the topic had blessed eBay’s ($EBAY)…
No Liability for Takedown Notice that Results in Termination of Facebook Page — Lown Cos. v. Piggy Paint
[Post by Venkat Balasubramani, with comments from Eric] Lown Companies v. Piggy Paint, LLC, 1:11-cv-911 (W.D. Mich.; Aug. 9, 2012) Lown and Piggy Paint are squabbling over “piggy paint” trademarks. Lown has a registration for “PIGGY POLISH,” and alleges that…
Bank Might Bear Loss for Fraudulent Money Transfers Initiated From Its Website–Patco v Ocean Bank (Catch-Up Post)
By Blogging Assistant Jake McGowan (with Venkat’s supervision), with a comment from Eric Patco v. Ocean Bank, 11-2031 (1st Cir. July 3, 2012) When a scammer siphons money from a customer’s online bank account, should the bank or the customer…