Facebook hacking that causes emotional distress – does the CFAA provide recovery?

A recent federal case from Virginia provides information on the types of “losses” that are actionable under the federal anti-hacking statute, the Computer Fraud and Abuse Act (“CFAA”). Underlying facts Plaintiff worked as a campaign manager, communications director and private sector employee of a Virginia state legislator. While plaintiff was in the hospital, defendant allegedly,  … Continue Reading »

Real estate brokerage may be liable for its agent’s copyright infringement

Case underscores reason why companies using independent contractors should consider negotiating provisions that require those independent contractors to indemnify the company in the event of third party intellectual property claims. Plaintiff’s claims Plaintiff photographer sued a real estate brokerage firm and the firm’s independent agent who published on her brokerage-branded website one of plaintiff’s photos  … Continue Reading »

Ninth Circuit won’t stop electricity cost increase for blockchain companies

Plaintiffs provide “verification and security services for blockchain-based cryptocurrencies.” Grant County, Washington decided to charge plaintiffs and others in “evolving industries” more for electricity. Plaintiffs sued and tried to get an injunction against the rate increase. The lower court denied the preliminary injunction. Plaintiffs sought review with the Ninth Circuit. On appeal, the court affirmed  … Continue Reading »

Does a plaintiff claiming unlawful removal of copyright management information have to own a registered copyright?

Plaintiff sued defendants for violation of the provisions of the Digital Millennium Copyright Act (“DMCA”) that prohibit one from intentionally removing or altering any copyright management information (“CMI”) with the knowledge, or having reasonable grounds to know, that it will induce, enable, facilitate, or conceal a copyright infringement (17 U.S.C. § 1202(b)). Defendants moved to  … Continue Reading »

Employee’s unauthorized conduct was not a DMCA prohibited circumvention

Plaintiff sued its former employee and alleged, among other things, that defendant violated the anticircumvention provisions of the Digital Millennium Copyright Act  (17 USC 1201). While defendant was still an employee, she used her username and password to access and download copyrighted material stored on plaintiff’s server after she had already accepted an employment offer  … Continue Reading »

Software development breach of contract lawsuit moves forward

Plaintiff sued defendant software developer for breach of contract and other claims, asserting that defendant failed to develop and deliver a video editing application on time and within budget. Defendant moved to dismiss the case, arguing that plaintiff had failed to state a claim upon which relief may be granted. The court denied the motion  … Continue Reading »

Court denies porn company’s request to unmask anonymous copyright infringers

Serial copyright plaintiff Strike 3 Holdings filed a number of copyright complaints against defendants – known only by their IP addresses – for copyright infringement. Since plaintiff needed to know the identities of the defendants to move forward, it asked the court for leave to seek expedited discovery. In a consolidated matter – addressing a  … Continue Reading »

Cost of domain name was relevant in establishing secondary meaning of trademark

In a trademark dispute between two companies in the real estate space, the court was called upon – at the summary judgment stage – to determine if there was a triable issue as to whether plaintiff’s STOCKDALE mark was not merely descriptive but instead had acquired distinctiveness. Defendants had argued that plaintiff’s case failed because  … Continue Reading »

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 »