Bonhomme v. St. James, — N.E.2d —, (Ill.App. 2 Dist March 10, 2011.) Perhaps the most famous legal case about someone creating a false persona online and using that to dupe someone is the sad case of Megan Meier, which resulted in the (unsuccessful) prosecution of Lori Drew. The facts of that case were hard [...]
Archive for the ‘Fraud/Misrepresentation’ Category
Court rules against woman accused of fraudulent misrepresentation for creating fake internet boyfriend
March 19th, 2011
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Yelp successful in defamation and deceptive acts and practices case
September 9th, 2010
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Reit v. Yelp, Inc., — N.Y.S.2d —, 2010 WL 3490167 (September 2, 2010) Section 230 of Communications Decency Act shielded site as interactive computer service; assertions regarding manipulation of reviews was not consumer oriented and therefore not actionable. As I am sure you know, Yelp! is an interactive website designed to allow the general public [...]
State law spam claim in federal court not pled with required particularity
July 13th, 2010
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Hypertouch, Inc. v. Azoogle.com, Inc., 2010 WL 2712217 (9th Cir. July 9, 2010) Pleading in federal court is generally a straightforward matter. Federal Rule of Civil Procedure 8 requires only that the plaintiff set forth a short and plain statement as to why that party is entitled to relief. But in cases involving fraud, there [...]
Sender of DMCA takedown notice should consider fair use
August 20th, 2008
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Lenz v. Universal Music Corp., No. 07-3783 (N.D. Cal. August 20, 2008). [Download the opinion] Hat tip to Joe Gratz for breaking this story. One of the things that a person sending a takedown notice under the Digital Millennium Copyright Act (DMCA) has to swear to is that he or she “has a good faith [...]
Apple vs. the Big Apple charity over apple-shaped logos
April 8th, 2008
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Apple, Inc. is seeing red over New York City’s attempts to register a trademark for green-friendly services, and the dispute challenges one of Apple’s trademark registrations for its ubiquitous logo. Apple has filed an Opposition (No. 91/181,984) with the United States Patent and Trademark Office’s Trademark Trial and Appeal Board against NYC & Company, Inc.’s [...]
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 [...]
Internet marketer not fraudulent in predicting success of future advertising campaign
November 2nd, 2007
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Atkins diet website gets First Amendment protection from negligent misrepresentation claim
December 14th, 2006
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