Browsewrap enforceable: hyperlinked terms on defendant’s website gave reasonable notice

Plaintiff was bound by forum selection clause found in online terms and conditions.  Plaintiff sued TripAdvisor and some related defendants (including Viator, a company that TripAdvisor acquired) for a number of torts arising from an ATV accident that plaintiff had while on a tour in Mexico that she had booked online through defendants’ website. Defendants  … Continue Reading »

Parked domain names were in “use in commerce” for purposes of Section 43(a) claim

Plaintiff, the owner of a college student housing facility, filed suit for unfair competition under Section 43(a) of the Lanham Act against a number of entities and individuals that operated a competing student housing facility. Defendants registered eight domain names that incorporated plaintiff’s trademarks. At first defendants used some of the domain names to redirect  … Continue Reading »

Intellectual property exception to CDA 230 immunity did not apply in case against Google

Plaintiff sued Google for false advertising and violations of New Jersey’s Consumer Fraud Act over Google’s provision of Adwords services for other defendants’ website, which plaintiff claimed sold counterfeit versions of plaintiff’s products. Google moved to dismiss these two claims and the court granted the motion.  On the false advertising issue, the court held that plaintiff  … Continue Reading »

Yahoo successor does not prevail in bid to obtain ymobile.com domain

Oath, Inc., the successor to Yahoo! Inc., filed an action under the Uniform Domain Name Dispute Resolution Policy (UDRP) against a domainer that acquired ymobile.com earlier in 2019. The split 3-member FORUM panel denied the complaint, finding that Oath failed to demonstrate that the respondent lacked rights or legitimate interests in the disputed domain name,  … Continue Reading »

Can a person bring a Computer Fraud and Abuse Act claim over unauthorized access to someone else’s computer?

Federal agents served a search warrant on plaintiff’s doctor’s office and thereby obtained access to plaintiff’s medical records, which were shared with a number of other parties involved in the criminal investigation of plaintiff’s doctor. Plaintiff sued under the Computer Fraud and Abuse Act (CFAA). Defendants moved to dismiss that claim. The court granted the  … Continue Reading »

Seventh Circuit requires trademark defendants to pay plaintiff’s attorneys’ fees

Court held this was an “exceptional case” and that trial court judge should have awarded plaintiff its attorneys’ fees under the Lanham Act. While it is fairly common for successful litigants in copyright cases to be awarded the attorneys’ fees they incur in bringing or defending the case, that fee-shifting is not as common in  … Continue Reading »

Fortnite player’s “anxiety and anguish” were not enough to support a lawsuit against game developer over data vulnerability

Plaintiff – one of the millions of people who have played Fortnite – sued Fortnite developer Epic Games based on a data vulnerability in the Fortnite platform and an apparent hacking incident that took place in 2018. After the case was moved from state court in Illinois to federal court there, and then to federal  … Continue Reading »

Case shows the surprising narrowness of a key hacking statute definition

Plaintiff sued defendant for violation of the Computer Fraud and Abuse Act (“CFAA”). For almost 20 years, defendant had worked for a company that developed plaintiff’s proprietary software system. In this capacity, defendant had access to plaintiff’s customer database, accounting system and other confidential information. After leaving the work he was performing for plaintiff, defendant  … Continue Reading »

Court will not aid company that was banned from accessing Facebook API

Facebook’s ability to decisively police the integrity of its platforms was without question a pressing public interest. Plaintiffs provided software-as-a-service to help their clients locate social media content, gain approval to use that content, and then re-purpose it in the clients’ own advertising and marketing activities. Previously, plaintiffs had operated in partnership with Facebook, whereby  … Continue Reading »