Silver Ring Splint Co. v. Digisplint, Inc., 2008 WL 2478390 (W.D.Va. June 18, 2008) Silver Ring and Digisplint are competitors in a niche industry, each producing and selling fine jewelry quality finger splints made of gold and sterling silver. Silver ring sued Digisplint for copyright infringement alleging that Digisplint copied text from Silver Ring’s 1994 [...]
Archive for June, 2008
Nominate one or more “Stars of the Blawgosphere” for upcoming Blawg Review
June 27th, 2008
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Jonathan Frieden over at E-Commerce Law will be hosting the Independence Day edition of Blawg Review which, in patriotic fashion will be themed “50 Stars of the Blawgosphere.” Go here to make your nominations. On a related, nostalgic note, hard to believe that it was more than three years ago that Internet Cases hosted Blawg [...]
Court tosses abuse of process claim brought by former file sharing defendant
June 26th, 2008
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Chan v. Priority Records, LLC, No. 07-15449, 2008 WL 2447147 (E.D. Mich. June 18, 2008) Priority Records sued Candy Chan for copyright infringement, claiming she used iMesh to download and trade music files. The record company withdrew the suit when Ms. Chan told them it was her daughter that traded the files. The daughter became [...]
Company’s own website provided evidence of claimed trademark’s genericness
June 25th, 2008
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Boston Duck Tours LP v. Super Duck Tours LLC, —F.3d—, 2008 WL 2444480 (1st Cir. June 18, 2008) Boston Duck Tours has been providing tours of Boston in amphibian vehicles (called “ducks” but spelled DUKWs) since 1993. After a competitor moved into town in 2007 calling itself Super Duck Tours, Boston Duck Tours filed suit [...]
Anonymous defendants to be unmasked in Computer Fraud and Abuse Act case
June 24th, 2008
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Kimberlite Corp. v. Does 1-20, No. 08-2147, 2008 WL 2264485 (N.D. Cal. June 2, 2008) Plaintiff Kimberlite sued a number of anonymous John Doe defendants after it learned that its network and email system had been unlawfully accessed. A few days after filing suit for violation of the Computer Fraud and Abuse Act (CFAA) and [...]
Employee text messages covered under Stored Communications Act and Fourth Amendment
June 23rd, 2008
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Quon v. Arch Wireless Operating Co., Inc., — F.3d —-, 2008 WL 2440559 (9th Cir. June 18, 2008) Sergeant Quon’s employer, the City of Ontario, California Police Department, issued him a pager with which he could send and receive text messages. Copies of text messages sent and received using the pager were archived on Arch [...]
Kentucky settles banned blogger’s First Amendment challenge to Internet filtering policy
June 18th, 2008
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Ed. note: This is a guest post by Greg Beck, an attorney at Public Citizen in Washington, DC. Greg works on a variety of issues at Public Citizen, mostly involving Internet free speech, anonymity, and intellectual property. He was lead counsel for Mark Nickolas in his challenge to Kentucky’s ban on blogs. [More info...] Political [...]
Discipline of student for personal blog post did not violate First Amendment
June 17th, 2008
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Post on LiveJournal blog in which student referred to administrators by a derogatory name and was intended to incite anger in administration was justification for disqualifying student from participating in upcoming election of class officers. Doninger v. Niehoff, — F.3d —-, 2008 WL 2220680 (2nd Cir. May 29, 2008) Toward the end of Avery Doninger’s [...]
No standing to sue Microsoft under XP EULA
June 16th, 2008
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Johnson v. Microsoft Corp., No. 06-900, 2008 WL 803124 (W.D. Wash. March 21, 2008). A number of plaintiffs filed suit against Microsoft in federal court in Washington state, alleging, among other things, that the installation of Windows Genuine Advantage (“WGA”) (which enforces the validity of a user’s version of XP) violated the XP end user [...]
