Fake LinkedIn Profile May Cause Trademark Infringement – Avepoint v. Axceler
…these statements were not defamatory. Breach of contract: the breach of contract claim contains a familiar discussion of various online agreements (including the recent Be In case). The key question…
Lawsuit Over Google Hangouts Gutted–Be In v. Google
…In sued Google for (1) trade secret misappropriation; (2) copyright infringement; (3) breach of implied contract; (4) breach of the Be In’s website terms of service. Google moved to dismiss…
Section 230 Protects Another Newspaper From Liability For User Comments–Hupp v. Freedom Communications
…by plaintiffs looking to make something out of nothing. The Register moved to dismiss the breach of contract claim under California’s anti-SLAPP law. Hupp protested that contract breach claims aren’t…
Google Wins Cookie Privacy Lawsuit
…but the invasion must constitute “an egregious breach of the social norms underlying the privacy right.” This does not fit the bill. Unfair Competition Claim: The court dismisses this for…
Gossip Site That Uses Misidentified Photo May Be Liable for Publicity Rights Violation — Edme v. Internet Brands
…a more conventional breach of contract argument on the basis that Modelmayhem did not live up to the representations in its privacy policy–that photos would only be viewable by other…
Spam Arrest’s Sender Agreement Fails Because Email Marketer’s Employees Lacked Authority–Spam Arrest v. Replacements (Forbes Cross-Post)
…Spam Arrest, its breach of contract claim against Sentient Jet fell apart on multiple grounds: * Spam Arrest didn’t convince the court that it properly formed the Sender Agreement during…
Another Judge Declines to Dismiss Claims Against Apple over App Privacy Practices — Pirozzi v. Apple
…Koh Whittles Down iPhone App Privacy Lawsuit Data Breach Claim Survives Based on Allegation of Misuse of Personal Information — Burrows v. Purchasing Power Sony Network Data Breach Class Action…
Breach of Data Retention Policy Doesn’t Create Actionable Injury – Burton v. Time Warner (Catch-up Post)
…Whittles Down iPhone App Privacy Lawsuit Data Breach Claim Survives Based on Allegation of Misuse of Personal Information — Burrows v. Purchasing Power Sony Network Data Breach Class Action Suffers…
Crass and Offensive Tweets by Student May not Justify Suspension — Rosario v. Clark County School Dist.
…square *ss 8. AND Ms. Evans b*tch *ss boyfriend too He a p*ssy ass n*gg* tryna talk shit while walking away Etiquette breach (while at family dinner) aside, school administrators…
Freelancer Loses Copyright Claims Against Licensee Who Posted Photos to Facebook – Davis v. Tampa Bay Arena
…withdraw his permission—i.e., his own conduct indicated that these were covenants. End result: Davis may have a claim for breach of contract, but his copyright infringement case is out. Predictably,…