Court Spoils “Banana Lady’s” Appeal Over Online Recordings of Her Act
Catherine Conrad is the “Banana Lady” (see her Facebook photos) who delivers singing birthday telegrams. I didn’t know such things still exist, but perhaps they do in the Midwest (she’s based in the Madison, Wisconsin area). For reasons the court…
Android and Pandora Privacy Rulings Accept Low Hurdle for Standing
A pair of rulings from Judge White in lawsuits involving the privacy practices of Android and Pandora employ a loose standard for standing and allowed plaintiffs in both cases to press forward with their claims. In re Google Android Consumer…
Another Reason Not To Let People Borrow Your Cellphone–Olsen v. Henderson
Pro-tip: if you’re going to let someone borrow your phone, make sure you don’t have any sexy selfies that can be freely accessed by anyone who accesses the phone. (Probably a good idea to secure your photos anyway.) Brian Olsen…
CafePress May Not Qualify For 512 Safe Harbor – Gardner v. CafePress
Gardner is a wildlife photographer. He sued CafePress and Beverly Teall alleging that Teall sold a product through CafePress displaying one of Gardner’s images. While only one image was at issue in the operative complaint, prior to mediation, plaintiff’s counsel…
In Its “Innocence of Muslims” Ruling, the Ninth Circuit is Guilty of Judicial Activism–Garcia v. Google
In a ruling that sent shockwaves through the internet community, the Ninth Circuit, with one judge dissenting, found that an injunction should have been granted against YouTube, requiring removal of the “Innocence of Muslims” film. Does Garcia have a copyright…
Revenge Porn Threat Justified Injunction
Clark and McLane engaged in a several month-long relationship, which ended when Clark notified McLane’s wife of the affair. McLane threatened Clark: He informed her that he had created a website in her name on which he planned to post…
More Intellectual Property Trivia Questions (The Outtakes)
Recently I posted our IP trivia quiz from WIPIP. To prepare those trivia questions, my colleagues (Tyler Ochoa and Brian Love) and I made a list of potential questions and then picked our favorites. In this post, I’m sharing the…
How Well Do You Know IP Trivia? Let’s Find Out
Last week, the High Tech Law Institute hosted WIPIP, a conference where IP professors and fellows present their academic works-in-progress for peer feedback. As part of the festivities, we had an IP trivia night–which I believe is the first IP…
9th Circuit Says Plaintiff Had Standing to Sue Spokeo for Fair Credit Reporting Violations
Robins sued Spokeo alleging that Spokeo reported incorrect information about him—that he held a graduate degree and was wealthy—and this caused him difficulty in his job search and other harm. He alleged claims under the Fair Credit Reporting Act and…
H2 2013 Quick Links, Part 1 (IP)
Copyright * Appellate briefs in the latest Second Circuit trip for YouTube v. Viacom. Prior blog post. * Fox Broadcasting Company, Inc. v. Dish Network L.L.C., 723 F.3d 1067 (9th Cir. 2013). Another case where remote DVR users made the copies, not…