Bad Idea: Overdisclosing People's Positive STD Status--Doe v. Successfulmatch

This is a privacy lawsuit brought by people who signed up for a dating site (Positive Singles) for people with STDs. Plaintiffs allege that Successfulmatch, the company that operates the site, made numerous privacy representations stating in its website copy…

Are Parents Liable For Their Children's Online Pranks?--Boston v. Athearn

Dustin Athearn, who was 13, decided to “have some fun” at a “friend’s” expense. He did what any modern teenager does to poke fun at someone: he created a fake Facebook page in their name. Along with a friend Melissa,…

Manuel Noriega Loses Right of Publicity Suit Against Activision (Guest Blog Post)

By guest blogger Tyler Ochoa What does former Panamanian dictator Manuel Noriega have in common with former NFL running back Jim Brown and a host of former college athletes?  All of them are suing videogame companies for using their likenesses…

Duplicitous Competitive Keyword Advertising Lawsuits--Fareportal v. LBF (& Vice-Versa)

OK, let me offer a proposition that seems so obvious to me that I feel silly saying it. If you buy your competitor’s trademarks as keywords, it’s not advisable to sue your competitors for buying your keywords. Yes? Are you…

California Anti-Spam Law Doesn't Require Sender's Name In The 'From' Line or Domain Name

While spam litigation generally has diminished, plaintiffs continue to push claims under California’s anti-spam statute. Federal court decisions were mixed on what types of California’s anti-spam claims are preempted by CAN-SPAM (whether plaintiffs had to allege fraud or merely misleading…

Another Messy Employee-Employer Dispute Over Facebook Page Ownership

Courtney Austin managed the Preston County Animal Shelter. She was initially hired on an hourly basis but converted at her request to salary. Shortly after she was hired, she created a Facebook page for the shelter, and she sought and…

Venue Clause in YouTube Terms of Service Upheld--Song Fi v. Google

This is a dispute over YouTube’s takedown of a music video. Song Fi, along with Rasta Rock, Joeseph Brotherton, and his six year old son, sued YouTube for taking down their video titled “LuvYa LuvYa LuvYa.” YouTube said it removed…

Instagramming For Freebies? Those Photos Are Ads...To The FTC (Forbes Cross-Post)

Wouldn’t it be sweet if someone gave you a free helicopter ride, a free 3 year lease for a Mercedes-Benz car, or a free trip to Iceland? As recounted in this recent New York Times article (“Your Instagram Picture, Worth…

Equivocal Email Exchanges Don't Transfer Copyright Ownership

The Tjeknavorians collaborated with Mardirossian to make a film about the Armenian genocide. They never signed a paper agreement, although they had a bunch of correspondence regarding the film. Mardirossian contributed funds to the project on an ongoing basis (up…

Hertz Faces Negligence Suit For Employee's Facebook Bashing of a Customer--Howard v. Hertz

Maurice Howard is a Hertz customer who alleged that a Hertz employee (Shawn Akina) posted the following comment about Howard on Facebook: I seen Maurice’s bougie ass walking kahului beach road . . . n*** please! A number of Akina’s…