Google's Forum-Selection Clause Upheld Again--Rudgayzer v. Google

Over the years, Google has defended its standardized agreements numerous times in court. As with its litigation portfolio generally, Google has had an excellent success rate in these cases. Recently, another court upheld Google’s member agreement–not a surprising outcome, but…

Did Monster Energy Make A 'Dope' Contract With DJ Z-Trip? Nope (Forbes Cross-Post)

What is the legal meaning of the word “Dope”? Monster Energy argued that the word “Dope!” granted it permission to publish copyrighted material. The court says nope. Monster Energy put together a promotional YouTube video that used a remix (the…

Another Keyword Advertising Lawsuit Unceremoniously Dismissed--Infostream v. Avid

Infostream Group Inc. v. Avid Life Media Inc., 2013 WL 6018030 (C.D. Cal. Nov. 12, 2013) There is an active, long-standing and wide-ranging litigation war being waged between two groups of websites in the “sugar daddy“/”sugar baby” hook-up category. I…

Fake LinkedIn Profile May Cause Trademark Infringement – Avepoint v. Axceler

Avepoint, Inc. v. Power Tools, Inc. d/b/a Axceler, 7:13CV00035 (W.D. Va. Nov. 7, 2013) Avepoint and Axceler are competitors providing “infrastructure management and governance software platforms for Microsoft Sharepoint products and technologies.” Avepoint alleged that Axceler denigrated Avepoint online. Specifically,…

Employee Termination Based on Mistaken Belief of Facebook Post Authorship Upheld -- Smizer v. Community Mennonite Early Learning Ctr.

Smizer v. Community Mennonite Early Learning Ctr, 2013 WL 5769936 (7th Cir. Oct. 25, 2013) [pdf] Lawrence Smizer was a teacher’s aide at Mennonite Early Learning Center. His sister was apparently involved in a bitter custody dispute involving her son….

We’ve previously covered AFP v. Morel, the case where photographer Daniel Morel is suing AFP, Getty and downstream licenses for allegedly infringing on his copyrighted material. In a nutshell, he took some iconic photos following the Haiti earthquake. AFP sourced…

Last week, the High Tech Law Institute hosted a performance of “The Passionate Patent,” perhaps the only opera ever written that relates in any way, shape or form to patent law. The creators self-describe the opera as “Experience the challenge…

Shepherd v. McGee, 2013 U.S. Dist LEXIS 159432 (D. Or. Nov. 7, 2013) Plaintiff Jennifer Shepherd was a child protective services (CPS) caseworker for the Oregon Dept. of Human Services (DHS). She investigated reports of child abuse and made recommendations…

Think Hoarding Passwords Keeps You Safe From Firing? Think Again (Forbes Cross-Post)

Most employees think they are indispensable to their employers, but in fact, most employees are easily replaced. A recent legal ruling involved an IT manager who sought job security by holding “the keys to the kingdom”–the passwords to the company’s…

"Wiggin Out" Over a Wig Purchase Dispute Leads to Online Defamation - Sanders v. Walsh

At what point does online mudslinging become actionable defamation? In September, an appellate court in California upheld a wig seller’s liability for defamatory statements made on online forums, focusing on the false factual nature of the claims. Cite: Sanders v….