Court wrongly took judicial notice of facts contained on government website

The Sixth Circuit has overturned the U.S. District Court for the Southern District of Ohio’s dismissal of a class action lawsuit against the City of Columbus, holding that the magistrate judge improperly considered evidence contained on the city’s website. The magistrate had taken judicial notice of the information contained on the website, but the Court … [Read more…]

Misappropriation of web development services not unfair competition

In Atari, Inc. v. Games, Inc., arising from a dispute over an agreement to license games for online use, the U.S. District Court for the Southern District of New York dismissed defendant’s counterclaim for unfair competition, holding that such a claim could not stand where (1) alleged misappropriation was merely of services and not of … [Read more…]

Introducing the Podcast

Be sure to check out the first Podcast, available in MP3. This week’s podcast discusses the recent case of Dix v. ICT Group, discussed on this site, in which the forum selection clause in AOL’s terms of service was held unenforceable. A separate feed for this site is now available to add to your … [Read more…]

Web developer was only “puffing” when it represented the quality of its services

The First Circuit has upheld the U.S. District Court for the District of Maine’s determination that a web developer’s litany of self-laudatory statements to its client did not give rise to actionable misrepresentation. The client was sophisticated enough to distinguish mere “puffery” from real factual assertions about the web developer’s services and abilities. The case … [Read more…]

Application of “effects test” brings pool table manufacturer out from behind the personal jurisdiction 8-ball

In the case of Brunswick Bowling & Billiards Corp. v. Pool Tables Plus, Inc., the U.S. District Court for the Northern District of Illinois held that the listing of the defendant’s company name, address and email address on two websites did not give rise to personal jurisdiction under the “sliding scale” test. Application of the … [Read more…]

Possibility that witness recordings would be uploaded to Internet no justification for withholding from press

In an order granting a journalist’s motion for the government to make available copies of tape recorded conversations that were introduced in a criminal trial, the U.S. District Court for the Eastern District of New York held that the likelihood of the tapes being broadcast over the Internet did not create significant or unique security … [Read more…]

Use of spyware doesn’t pay in Florida divorce proceeding

Evidence obtained through wife’s use of spyware on husband’s computer to obtain information about extramarital affair not admissible in divorce proceedings. Just in time for Valentine’s Day, we have a romantic case coming from Florida that interprets a provision of that state’s Security of Communications Act. The case originated in divorce court, and the appellate … [Read more…]

KERACARE trademark diluted by registration of domain name

The United States District Court for the Northern District of Illinois granted summary judgment in favor of a plaintiff who claimed that the defendant’s registration and use of fifteen domain names incorporating variations of plaintiff’s trademark KERACARE caused dilution of the mark. Plaintiff Avlon owns the incontestable trademark registration for the mark KeraCare for hair … [Read more…]