Test adds an additional “balancing of the competing interests” element to the Cahill test Mobilisa, Inc. v. Doe, — P.3d —-, 2007 WL 4167007 (Ariz. App. November 27, 2007) Plaintiff filed suit in Washington state court against an anonymous (“John Doe”) defendant which it accused of violating the Computer Fraud and Abuse Act and the [...]
Archive for November, 2007
Arizona state court adopts three part test for unmasking anonymous online speakers
November 28th, 2007
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Online purchaser not entitled to $1 hard drives
November 28th, 2007
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Perez v. Luu, — S.W.3d —-, (Tex. App. November 1, 2007). Perez sued Luu in Texas state court after Luu refused to fulfill Perez’s order of 100 hard drives that Perez ordered from Luu online. Luu’s website mistakenly listed the price of the hard drives as $1 each, when in reality Luu charged closer to [...]
Booklocker.com on the copyright offensive in Maine
November 27th, 2007
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Booklocker.com, Inc. v. Sartain, No. 07-0176 (D. Me., Filed November 21, 2007). [Download the Complaint] Online, on demand book publisher Booklocker.com has filed a declaratory judgment action against Utah-based artist Julie Sartain, in response to a cease and desist letter Sartain sent to Booklocker alleging copyright infringement. In the case, Booklocker seeks a determination by [...]
No spoliation sanctions for deletion of email where CD copies had been made
November 20th, 2007
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Bakhtiari v. Lutz, — F.3d —-, 2007 WL 3377215 (8th Cir. November 15, 2007) Not too many e-discovery (or any type of discovery) disputes get to the federal courts of appeal. But we have a recent decision from the Eighth Circuit that addressed the topic of “spoliation” when emails had been deleted. A party in [...]
This case is not off to a good start
November 16th, 2007
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Windy City Marketing, Inc. v. Places Advertising, Inc., No. 07-6401 (N.D. Ill., filed November 12, 2007) [Download the complaint] Windy City Marketing, a Chicago company, has filed a federal lawsuit against a startup competitor, Places Advertising, Inc. The suit alleges infringement of copyright allegedly owned by Windy City Marketing in certain bound marketing pieces called [...]
Be careful with email because your employer is “looking over your shoulder”
November 15th, 2007
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Workplace email policy destroyed attorney-client privilege Scott v. Beth Israel Medical Center, — N.Y.S.2d —-, 2007 WL 3053351 (N.Y. Sup. October 17, 2007). Dr. Scott, who used to work for Beth Israel Medical Center in New York, sued his former employer for breach of contract and a number of other different things. Before he was [...]
Ownership of domain name grounds for civil contempt and award of attorney’s fees
November 14th, 2007
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But mere ownership of domain name, without “use,” was not enough to give rise to infringement. Careylicensing, Inc. v. Erlich, No. 05-1194, 2007 WL 3146559 (E.D. Mo. October 25, 2007) Plaintiff Carey International and defendant International Chauffeured Services are competitors in the limousine industry. Carey sued International back in 2005 for trademark infringement, and the [...]
Purported John Kerry ex-flame’s suit against Yahoo tossed
November 13th, 2007
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I’m going back in time a little bit to pick up on an unreported September 5, 2007 decision by a New York state trial court in the case of Whitnum v. Yahoo! [2007 WL 2609825]. Plaintiff Whitnum is the author of the book Hedge Fund Mistress, and also the owner of the website of the [...]
Complaint amended in AutoAdmit defamation lawsuit
November 13th, 2007
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The saga surrounding the defamation lawsuit filed by a couple of Yale law students against some anonymous posters to the AutoAdmit forum board keeps brewing. According to this article from the Yale Daily News, the plaintiffs, two female law students, have amended their complaint against the 38 John Doe defendants. This time around, they omitted [...]
“Immunity” not accurate description for 47 USC 230 protection
November 8th, 2007
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So says a trial court judge from Arizona. Children of America, Inc. v. Edward Mageson, et al., CV 2007-003720, Superior Court of Maricopa County, Arizona (October 24, 2007) Ripoffreport.com is a website where individuals can post information about companies, ostensibly to warn other consumers of unscrupulous practices or bad service. Children of America, Inc. sued [...]
