Copyright Doe Defendant Can’t Quash Disclosure Subpoena Anonymously—Hard Drive Productions v. Does (Guest Blog Post)
By Guest Blogger Elliott Alderman with brief comments from Eric [Eric’s introductory note: Elliott Alderman is an IP attorney in Washington DC. I asked if he could guest-blog this opinion after calling it to my attention.] Hard Drive Productions, Inc….
Nov.-Dec. 2011 Quick Links, Part 2 (Extended IP Edition)
By Eric Goldman Copyright * Costco v. Omega (E.D. Cal. Nov. 9, 2011). On remand after the disappointing non-result from the Supreme Court in this case, the district court gives Costco a decisive win, holding that Omega engaged in copyright…
I’m Not a Fan of this Craptastic Trademark Lawsuit–Fancaster v. Comcast
By Eric Goldman Fancaster, Inc. v. Comcast Corp., 2011 WL 6426292 (D.N.J. Dec. 22, 2011). We’ve seen some pathetic trademark lawsuits this year (SUE MOAR KALE, anyone?), but I’ll nominate this long-running litigation money-sink (going over 3.5 years) as the…
UGC Website Hit With Spoliation Sanctions–Io v. GLBT
By Eric Goldman [This is one of those blog posts that got stuck in queue. It’s still pretty interesting, so I’m sharing at this relatively late date. Happy new year!] Io Group Inc. v. GLBT Ltd., 2011 WL 4974337 (N.D….
Facebook Evidence Suppressed in Skater Brawl Prosecution–People v. Bignone
People v. Bignone, 2011 WL 6091756 (Cal. App. Ct. Dec. 8, 2011). Some background on the case. In my house, it’s not a party until someone spills, but my parties apparently are comparatively tame. This case involves a wild house…
Pennsylvania Court Orders Personal Injury Plaintiff to Turn Over Facebook Password to Defendant — Largent v. Reed
[Post by Venkat Balasubramani] Largent v. Reed, 2009-1823 (Pa. Ct. of Common Pleas; Nov. 8, 2011) Keith and Jessica Largent were involved in an accident in 2007. They sued Jessica Rosko and Sagrario Pena alleging negligence and loss of consortium….
Insurance Company’s Request to Compel Production of Facebook Password Fails (with Costs)–Chauvin v. State Farm Mutual
[Post by Venkat Balasubramani with a comment from Eric] Chauvin v. State Farm Mutual, 10-cv-11735 (S.D. Mich. June 21, 2011) (order affirming magistrate’s ruling) Plaintiff suffered an auto accident and sought to recover attendant care benefits under Michigan’s no-fault statute….
Q3 2011 Quick Links, Part 4
By Eric Goldman Content Regulation * Lawmakers are putting the squeeze on advertisers to be content police. Meanwhile, VeriSign begged for the right to act as content police before changing its mind. * Kowalski v. Koster, 2011 WL 4349365 (W.D….
Ca. Court of Appeal Vacates $100,000 Non-Party Discovery Sanction Against Facebook — In re J.G.
[Post by Venkat Balasubramani] In re J.G., A128898; A129157 (Ca Ct. App.; Sept. 30, 2011) Background: This involved a juvenile proceeding where J.G., a minor, was charged with the offenses of forcible sexual penetration and false imprisonment. During the proceedings,…
Facebook’s Trademark Suit Against Teachbook Survives Motion to Dismiss
by Eric Goldman Facebook, Inc. v. Teachbook.com LLC, 2011 WL 4449686 (N.D. Ill. Sept. 26, 2011). Facebook has been helping many lawyers send their kids to private school with an expensive enforcement campaign to control the prefix “face” and suffix…