Here’s a topic you can mull over if conversation gets slow during tomorrow’s Thanksgiving dinner: Does Twitter infringe your copyright every time you post to it (i.e., put up a “tweet”)? Consider this: One of the exclusive rights of a copyright owner (under 17 U.S.C. 106) is the right to display the work. A website [...]
Archive for November, 2008
Court enforces forum selection clause in web hosting agreement
November 24th, 2008
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Bennett v. Hosting.com, Inc., 2008 WL 4951020 (N.D. Cal. November 18, 2008) Bennett filed an astounding 30-count complaint against defendant Hosting.com. Though the Managed Hosting Agreement designated Jefferson County, Kentucky to be the sole and exclusive venue for actions brought in connection with the agreement, Bennet brought the action in federal court in Northern California. [...]
Results of Internet searches helpful in earthworm trademark case
November 17th, 2008
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Cascade Mfg. Sales, Inc. v. Providnet Co. Trust, 2008 WL 4889716 (W.D. Wash. November 12, 2008) Cascade Manufacturing makes and sells composting bins in which earthworms “enhance and accelerate the composting process.” Cascade owns a federal trademark registration for WORM FACTORY. It sued its competitor Providnet Co. for trademark infringement over Providnet’s use of the [...]
Government spam blocking not a violation of First Amendment right to petition
November 6th, 2008
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Ferrone v. Onorato, No. 07-4299, 2008 WL 4763257 (3rd Cir. October 31, 2008) The Third Circuit Court of Appeals has held that a county government did not violate a citizen’s First Amendment right to petition the government for a redress of greivences when the county set its spam filters to block all email from the [...]
