eBay Mostly Beats Tiffany in the Second Circuit, but False Advertising Claims Remanded
…“sizeable proportion”? The parties did not agree on the exact amount of counterfeiting taking place, and Tiffany’s expert report was partially discredited by the trial judge. Does this mean we’re…
Craigslist Wins $1.3M Default Judgment Against Autoposting Facilitator — craigslist v. Naturemarket
[Post by Venkat] craigslist, Inc. v. Naturemarket, Inc., Case No. C 08-05065 PJH (MEJ) (N.D. Cal. March 5, 2010) [scribd] (report and recommendation adopted on February 5, 2010) Craigslist obtained…
Utah Passes Nation’s First (?) Bioprospecting Regulation
…bill got such a clean financial report. Given the Utah legislature’s sensitivity to costs, I bet a more thoughtful fiscal report would have slowed (and probably scuttled) the bill’s passage….
Crowdsourced Ads May Not Be Protected by 47 USC 230–Subway v. Quiznos
…of more recent—and more thoughtful—cases, including the multiple Ripoff Report cases that have expressly and implicitly rejected the MCW case. A more natural citation would have been the Roommates.com case,…
Forwarding Defamatory Email with Introductory Comments Protected by 47 USC 230–Phan v. Pham
…language that escaped this judicial panel). However, that’s never been the law. See, e.g., Barrett v. Rosenthal, Batzel v. Smith, D’Alonzo v. Truscello and the many Ripoff Report cases; but…
Ripoff Report Sues Blogger, Loses on Jurisdictional Grounds–Xcentric Ventures v. Bird
…of a RipOff Report Lawsuit.” As you may know, many SEOs HATE Ripoff Report because of Ripoff Report’s frustratingly high ranking in Google search results, which might be more attributable…
47 USC 230 Year-in-Review for 2009
…it for 230 protection. GW Equity v. Xcentric Ventures (N.D. Tex. Jan. 9, 2009). Ripoff Report is protected by 230 even though it offers pull-down menus and manipulates user-submitted reports….
Ripoff Report Not Bound by Takedown Injunction Against User–Blockowicz v. Williams
…plaintiffs presented to Ripoff Report and the other websites. All of the other websites complied with the takedown order, but the Ripoff Report refused. Instead, the Ripoff Report argued (among…
Website Initially Denied 230 Dismissal But Gets It on Appeal–Shiamili v. Real Estate Group
…& Benson v. Purdy (wow, this list is a blast from the past!). I’m not including the pure web hosting cases or any of the Ripoff Report cases, yet I’m…
A New Way to Bypass 47 USC 230? Default Injunctions and FRCP 65
…Nevertheless, the judge gave Ripoff Report a chance to brief the matter. I’ll be interested to see if Ripoff Report can make any headway with the skeptical judge. Whatever you…