Three years after it was filed, much of that time existing in apparent dormancy, the copyright infringement case filed by the Authors Guild against Google Book Search (f/k/a Google Print) has settled. (Thanks to Greg Beck for alerting me to this via a post he put up on Twitter.) Here is a page with all [...]
Archive for October, 2008
DMCA reaches the decade mark
October 28th, 2008
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My friend Kevin Thompson over at Cyberlaw Central reminded me this morning in this post that President Clinton signed the Digital Millennium Copyright Act ten years ago today. Tempus fugit. It’s interesting to reflect on how this critical piece of legislation has affected (I think fostered) the growth of the online infrastructure with its safe [...]
No judicial notice for Wikipedia entry
October 27th, 2008
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Flores v. State, No. 2008 WL 4683960 (Tx. App. October 23, 2008) Not surprisingly, a Texas appellate court has held that it should not take judicial notice of a Wikipedia article. Defendant was tried and convicted for cocaine possession. He appealed his sentence, arguing the trial court improperly admitted two oral statements the defendant made [...]
Court allows U.S. lawsuit over video posted on Mexican website
October 25th, 2008
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Rapper 50 Cent’s Lanham Act claim against Cancun night club survives motion to dismiss Jackson v. Grupo Industrial Hotelero, S.A., No. 07-22046, 2008 WL 4648999 (S.D. Fla. October 20, 2008) Defendant owns Coco Bongo, a popular Cancun nightclub. Coco Bongo allegedly used rapper 50 Cent‘s likeness as well as one of his registered trademarks in [...]
Expedited electronic discovery includes subpoena to ISP and imaging of defendants’ hard drives
October 24th, 2008
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Allcare Dental Management, LLC v. Zrinyi, No. 08-407, 2008 WL 4649131 (D. Idaho October 20, 2008) Plaintiffs filed a defamation lawsuit against some known defendants as well as some anonymous John Doe defendants in federal court over statements posted to Complaintsboard.com. The plaintiffs did not know the names or contact information of the Doe defendants, [...]
No damage under Computer Fraud and Abuse Act for merely copying customer list
October 23rd, 2008
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Sam’s Wines & Liquors, Inc. v. Hartig, 2008 WL 4394962 (N.D.Ill. September 24, 2008) Hartig worked for Sam’s Wines & Liquors and had access to a password-protected customer list. Hartig left Sam’s in June 2005 and went to work for Plinio Group. Some two and a half years after leaving Sam’s, Hartig sent an email [...]
Divorce spyware case moves forward
October 21st, 2008
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Court refuses to dismiss ECPA, SCA and CFAA claims against ex-spouse accused of delivering malicious code. Becker v. Toca, No. 07-7202, 2008 WL 4443050 (E.D. La. September 26, 2008) Plaintiff Becker sued his ex-wife, one Ms. Toca, claiming that Toca installed on Becker’s home and office computers a Trojan Horse that could steal passwords and [...]
Useful tool for locating UDRP decisions
October 16th, 2008
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Enrico Schaefer of Traverse Legal sent me a link to a tool called DomainFight.net, which promises to be very useful. It’s a simple interface to allow one to easily search for decisions under the UDRP issued by both the National Arbitration Forum and the World Intellectual Property Organization. Try it out!
Court enjoins transfer of trademarks associated with domain name booty
October 7th, 2008
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1st Technology v. Bodog Entertainment Group, S.A., No. 08-0872, (W.D. Wash. September 30, 2008). After plaintiff 1st Technology won a $46 million default judgment against defendant BEGSA, 1st Technology began its collection efforts by seeking to obtain possession of thousands of BEGSA domain names registered through the Washington-state based registrar eNom. A state court ordered [...]
