LinkedIn Can’t Shake Publicity Rights Claims Based on Reminder Emails

This is a lawsuit against LinkedIn alleging that LinkedIn wrongly sent out repeated invites to users’ contacts. In an initial ruling, Judge Koh denied LinkedIn’s request to dismiss on the…

When Does Online Criticism Become “Stalking”?–Ellis v. Chan

…Given that it is a stalking statute and references “safety,” one would think the answer would be no. Perhaps someone who engages in repeated one-to-one contacts or physical conduct can…

Shopkick Unable to Shake Text Spam Complaint — Huricks v. Shopkick

contacts en masse. A recipient brought claims under the TCPA. The court initially dismissed the complaint because it failed to allege use of an automatic telephone dialing system. The amended…

Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. OxBlue

…evidence in the record on how often customers were lured to the Work Zone Cam’s website when they searched for OxBlue on the Internet. See 1–800 Contacts, 722 F.3d at…

Texas Supreme Court Limits Reach of Pre-suit Discovery (Guest Blog Post)

…have minimum contacts, if any, to a particular forum in Texas. This new ruling doesn’t mean that a Rule 202 petition could never be used against to investigate an anonymous…

Q2 2014 Quick Links, Part 3 (Privacy, Marketing, E-Commerce & More)

…to make a one-time payment for each app of $2.28 to conceal their browser history, $4.05 to conceal their list of contacts, $1.19 to conceal their location, $1.75 to conceal…

Q2 2014 Quick Links, Part 1 (IP)

…these claims.” Site Pro–1, Inc. v. Better Metal, LLC, 506 F.Supp.2d 123, 125 (E.D.N.Y.2007). The Second Circuit addressed Viatek’s claims regarding a Google search in 1–800 Contacts v. WhenU.Com, Inc.,…

Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights

…second and third endorsement emails could injure users’ reputations by allowing contacts to think that the users are the types of people who spam their contacts or are unable to…

Path May Be Liable for Text-Spamming Users’ Contact Lists

…stored list (i.e., in this case, the list of contacts that are uploaded to Path servers). The court says that there’s a wealth of case law endorsing the FCC’s interpretation…

Police Officers Aren’t Liable For Investigating Cyberstalking and Revenge Porn–Keaton v. Hannum

…IUPD regarding Keaton’s numerous contacts and threats; she also applied for a protective order. Ultimately IUPD Officers prepared a probable cause affidavit and forwarded it to the prosecutors. A prosecutor…