[Post by Venkat Balasubramani] Ajemian v. Yahoo!, 12-P-178 (Mass. Ct. App. May 7, 2013) This is a very interesting dispute that raises the question of ownership over digital assets after a person’s death. Plaintiffs, John Ajemian’s (the decedent’s) executors and…
By Eric Goldman Parts.com v. Google, 3:13-cv-01074-JLS-WMC (S.D. Cal. complaint filed May 6, 2013); and Parts.com v. Yahoo, 3:13-cv-01078-AJB-JMA (S.D. Cal. complaint filed May 6, 2013) _____ In the immediate wake of the Second Circuit’s Rescuecom ruling in 2009, about…
[By Venkat Balasubramani with comments from Eric Goldman] Unspam Technologies, Inc. v. Chernuk, 2013 WL 1849080 (4th Cir. May 4, 2013) We’ve mentioned “Project Honeypot,” the efforts of a company (founded by Matthew Prince) to track down and prosecute spammers….
By Eric Goldman Recently, the European Commission announced details of a proposed antitrust settlement with Google (the full commitments). Google’s competitors now have the opportunity to publicly whine about the deal as part of the “market testing” procedural step. I doubt…
[Post by Venkat Balasubramani] SB 5211 (passed by Senate April 27, 2013) Both chambers of the Washington legislature passed Substitute Senate Bill 5211, and it now awaits the Governor’s signature. No Washington legislators voted against it. Here are the key…
By Eric Goldman UMG Recordings, Inc. v. Escape Media Group, Inc., 2013 WL 1729431 (N.Y. App. Div. April 23, 2013) Grooveshark runs a user-generated content (UGC) website that allows users to upload sound recordings and other users to stream those…
By Eric Goldman In February, I spoke about the differences between consumer surveys in trademark cases compared with false advertising cases. My talk notes: Overall, the similarities between consumer survey in the two types of cases outweigh the differences. So…
[Post by Venkat Balasubramani] Gioconda Law Group v. Kenzie, 2012 US Dist LEXIS 187801 (S.D.N.Y. Apr. 23, 2013) Kenzie is a security researcher who has registered numerous domain names that are typographic errors of well-known trademarks (e.g., rnastercard, rncdonalds, nevvscorp,…
[Post by Venkat Balasubramani, with a comment from Eric] US v. Nosal, CR 08-0237 EMC (N.D. Cal. Mar. 12, 2013) (.pdf, denying motion to dismiss) US v. Nosal, a case that spawned two Ninth Circuit opinions and that’s sure to…
[Post by Venkat Balasubramani with a comment from Eric] Zimmerman v. Ball State Univ., et al., 12-cv-01475-JMS-DML (S.D. Ind. Apr. 15, 2013). (The complaint.) Zimmerman and Sumwalt were students at Ball State University, a public university in Indiana. They apparently…