Cautionary Tale for Settling Trademark Cases–Tormented Souls v. Tormented Souls Motorcycle Club
…or because the website prevents editing/deleting (e.g., Ripoff Report). In other words, defendants should not rubber-stamp this particular settlement agreement “boilerplate.” Related cases: * Tea Partiers Wage War Against Each…
Texas Ruling Shows the Benefits We’d Get From a Federal Anti-SLAPP Law–American Heritage Capital v. Gonzalez
…posted critical remarks about AHC at multiple websites (including Zillow, CreditKarma and Ripoff Report). Allegedly, AHC’s president then sent Mrs. Gonzalez an email threatening her if she didn’t remove the…
Fourth Circuit’s Rosetta Stone v. Google Opinion Pushes Back Resolution of Keyword Advertising Legality Another 5-10 Years
…evidence of other complaints Rosetta Stone received, Google’s 2004 study, Google’s in-house lawyers’ inability to review search results to determine if they were legit and Rosetta Stone’s expert report–all should…
Emailing the URL of an Allegedly Defamatory Post Immunized by 47 USC 230–Shrader v. Biddinger
By Eric Goldman Shrader v. Biddinger, 2012 WL 976032 (D. Colo. February 17, 2012). That ruling is the magistrate’s report. The judge adopted the magistrate report verbatim last week. The…
Jan.-Feb. 2012 Quick Links, Part 1 (Copyright Edition)
…has appealed to the Second Circuit. * Personal Keepsake Inc. v. Personalizationmall.com. an interesting ruling on 17 USC 1202 (copyright management information). Rebecca’s blog post. * Hollywood Reporter: More details…
StubHub Gets Section 230 Immunity from Anti-Scalping Laws Because Users Set Prices–Hill v. StubHub
…approximately 300 reported decisions addressing immunity claims advanced under 47 U.S.C. § 230 in the lower federal and state courts. All but a handful of these decisions find that the…
Facebook, Google and Lexis-Nexis Get 47 USC 230 Immunity in a Bizarre Case Involving a Missing Sex Toy–Gaston v. Facebook
…against those three defendants who should be dismissed with prejudice. Gaston didn’t contest the magistrate report, so the judge adopted the magistrate’s opinion verbatim. The most noteworthy feature about this…
Banning Sex Offenders from Social Networking Sites is Unconstitutional–Doe v. Jindal
…can still use the Adam Walsh/KIDS Act database to block known sex offender aliases. (Of course sex offenders may not properly report all of their aliases, a general deficiency of…
Just How Egregiously Must a Trademark Plaintiff Act Before a Court Awards Attorneys’ Fees to the Defendant?–1-800 Contacts v. Lens.com
…infringement. * Lens.com did engage in competitive keyword advertising, even if its purchases were “minuscule.” * Lens.com itself was sanctioned for discovery violations. * even though 1-800 Contacts’ expert reports…
Egregious/Overreaching Ex Parte Orders for Rightsowners Keep Coming — Deckers and Richemont
[Post by Venkat Balasubramani, with comments from Eric] Deckers v. Liyanghua, 11-cv-07970 (N.D. Ill.; Dec. 15, 2011) (report and recommendation) Deckers proceeds against a slew of domain names in Illinois….