Communications & Media Law, Science, Computers & Technology, Civil Remedies

Facebook v. Typosquatters: Damages and Domains Awarded Under Anticybersquatting Consumer Protection Act

by Elizabeth Featherman, Camille Miller | Cozen O'Connor on 5/15/2013

On April 30, 2013, Magistrate Judge Westmore recommended that the U.S. District Court, Northern District of California award Facebook $2.8 million in damages from typosquatters under the Anticybersquatting Consumer Protection...more

Illinois Federal Court Certifies Considerable Class In Data Company Privacy Suit

by BuckleySandler LLP on 4/16/2013

On April 2, the U.S. District Court for the Northern District of Illinois certified a class of individuals who downloaded and installed tracking software created and operated by a data company and distributed by one of the...more

The Aereo and ReDigi Decisions: Courts Continue to Wrestle With the Application of Copyright Law to the Redistribution of Digital...

by Eric Feder, James Rosenfeld | Davis Wright Tremaine LLP on 4/10/2013

A series of recent decisions in the Second and Ninth Circuits—including Viacom v. YouTube and UMG v. Veoh (both dealing with the distribution of user-posted copyrighted content by video hosting services) and AP v. Meltwater...more

Gatekeepers And Online Defamation

by Tim Banks | Dentons on 4/4/2013

The scourge of online defamation poses enforcement challenges for victims. So much so that there may be a temptation to begin looking for gatekeepers. The direction of the law appears to be ready to assist....more

New FTC Advertising Guidelines Are Worth a Review

by Shep Davidson | Burns & Levinson LLP on 3/22/2013

In a recent post, I discussed how a company could be liable for referencing a third-party’s unbiased endorsement if, unbeknownst to that company, the basis for the endorsement turned out to be unjustified. In another...more

Advertising News & Analysis - March 14, 2013

by Ellen Traupman Berge, Thomas Gilbertsen, Maggie Grace, Gary D. Hailey, Jeffrey D. Knowles, Amy Ralph Mudge, Jonathan L. Pompan | Venable LLP on 3/18/2013

In this issue: - FTC’s .com Disclosures: New Media Still Subject to Old Rules - Paper, Plastic...or Mobile? FTC Issues Report on Mobile Payments - Why So Negative on Negative Option? - Cy Pres...more

Preemption: The Cure for the Common Claim?

by William Tarantino | Morrison & Foerster - Private Surgeon... on 3/1/2013

Although the landscape of the Federal Food Drug and Cosmetic Act (FDCA) preemption of private Surgeon General class action claims continues to shift under our feet in California, first with POM and recently with this case,...more

On-Line Privacy: The FTC Snuffs Out A “History Sniffer”

by Matthew Borick | Downs Rachlin Martin PLLC on 1/10/2013

Most people seem to know that on-line browsing does not occur in a vacuum. As we browse the Web the sites we visit send “cookies” to our browsers that allow those sites to recognize us and keep track of our activity on them....more

Court Tackles Copyright Issue of "Throwback" NFL Uniforms in Video Games

by Seth Reagan | Manatt, Phelps & Phillips, LLP on 11/28/2012

Many video game creators go to great lengths to ensure that their games are highly realistic. Weapons, sound effects, uniforms, athletic abilities, locations, logos and other details are often copied from the real world and...more

Does the Communications Decency Act Protect Human Trafficking?

by Looper Reed & McGraw, P.C. on 11/19/2012

The State of Texas may find out and it may be more applicable to your site than you think. In early filing for the 2013 legislative session, Democratic state Senator Leticia Van de Putte proposed a bill aimed at stopping at...more

Who Owns a LinkedIn Account?

by Cullen and Dykman LLP on 11/6/2012

A Federal District Court in the Eastern District of Pennsylvania recently addressed the issue of ownership of an employers LinkedIn account created by a former employee....more

IP Update, Vol. 15, No. 9, October 2012

by McDermott Will & Emery on 11/1/2012

In This Issue: Patents - A Licensee Can Sometimes Bear the Burden of Proof on Non-Infringement; No Permanent Injunction if Plaintiff and Defendant Did Not Directly Compete; Ongoing Royalty to Be Applied Instead;...more

Product Liability Risk In Licensing Trademarks With Technology

by Foley Hoag LLP - Trademark, Copyright &... on 10/12/2012

A Connecticut Superior Court judge has upheld a jury verdict that once again demonstrates the product liability risks faced by trademark licensors, particularly those who license technology as well as their marks. In Hannibal...more

Posting Copyrighted Image Has Consequences

by Miller Canfield on 10/12/2012

Any organization with a website should take care that it is not posting anyone else’s copyrighted content without permission. If a court finds that the unauthorized use of another’s copyrighted content was done intentionally,...more

Social Media and Discovery: New Technology, but the Old Rules Still Apply

by Miller Canfield on 9/30/2012

Originally published in Laches (Aug. 2011). 1. SOCIAL MEDIA INFORMATION IS GENERALLY DISCOVERABLE Social media has dramatically changed how humans interact with each other and the digital footprint left by...more

IP Update, Vol. 15, No. 9, -- September 2012

by McDermott Will & Emery on 9/28/2012

In This Issue: Patents: ..En Banc Court Deeply Divided on Divided Infringement ..Entire Market Value Rule–R.I.P.? ..Lack of Enablement Snares Patent’s Open-Ended Claim Scope ..Concentration Range...more

Intellectual Property Bulletin - Summer 2012

by Fenwick & West LLP on 8/28/2012

In This Bulletin: Final Patent Rules Provide Few Surprises; CFAA is Losing Ground as a Tool to Fight Trade Secret Misappropriation; Quick Updates: You Are Not Your IP Address; The Federal Circuit Addresses the Abstract...more

Fourth Circuit Blunts CFAA As A Remedy Against A Rogue Employee

by Brooks Pierce on 8/1/2012

Let's say a client calls telling you that a valued former employee has left to work for a competitor. Just before leaving, the employee emailed himself a substantial number of your client's confidential documents. He's now...more

Breaking the Mold: Virtual Marking of Patent Numbers

by Winthrop & Weinstine, P.A. on 7/26/2012

When I pick up a pen or a razor or some other mundane item and I see “Pat. D487822?, my brain almost instinctively tries to determine what year the patent issued, whether it’s still active, and what part of the product was...more

Mobile App Developer Agrees to Stop Collecting and Using Children’s Data in Settlement

by BuckleySandler LLP on 7/9/2012

On June 27, the New Jersey Attorney General’s office announced a consent decree and injunction against 24x7digital LLC, a mobile app company, settling charges under the Children’s Online Privacy Protection Act (COPPA)....more

State Appeals Court Concludes Employer Not Protected by CDA Section 230 in Employee Stalking Case, and Seems to Shrink the Statute...

by Proskauer - New Media & Technology on 6/29/2012

An Illinois state appeals court recently held that although an employer that provided network connectivity to its employees is an “interactive service provider” under Section 230 of the Communications Decency Act, the statute...more