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Campmor, Inc. v. Brulant, LLC

Opinion Denying Daubert Motion in Limine to Exclude SEO Expert at Trial

Defendant Brulant moves in limine to preclude the testimony of Brian Cooper, Plaintiff Campmor’s expert witness on search engine optimization (“SEO”). The Court held a Daubert hearing on April 10, 2013. The motion is denied....more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 28, 2013

In This Issue: - Kirtsaeng v. John Wiley & Sons, Inc., U.S. Supreme Court, March 19, 2013: In a 6-to-3 decision with far-reaching implications, U.S. Supreme Court holds that copyright “first sale” doctrine...more

SEC Speaks: Agency Takes Back-To-Basics Approach In Face Of Changing Leadership, Congressional Mandates And New Technologies

The annual “SEC Speaks” conference, in which Securities and Exchange Commission (SEC) representatives review the agency’s efforts over the past year and preview the year to come, was held on February 22-23, 2013. A...more

Who’s Liable For Vendor’s CAN-SPAM Violation?

The CAN-SPAM act sets legal rules for commercial E-Mail and includes various provisions that apply to “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial...more

Dispute over Ownership of Ex-Employee's LinkedIn Account Highlights Significance of Robust Social Media Policies

This case underscores the significance for employers to create and maintain social media policies that address the control and ownership of company-sponsored social media accounts. ...more

Employer Takeover of Employee's LinkedIn Account Does Not Violate Federal Computer Hacking Law, Question of Ownership Remains

Given the popularity of Facebook, Twitter, and LinkedIn, more and more organizations are resorting to social media sites to promote their brands and manage their public profiles. Employers are also encouraging employees to...more

Travel Website Rankings of "Dirtiest Hotels" Based on User-Generated Content May Be Flawed, But Are Not Defamatory As a Matter of...

In Seaton v. TripAdvisor, LLC, 2012 WL 3637394 (E.D. Tenn. Aug. 22, 2012), a Tennessee district court held that an online travel ratings site that created a Top Ten Dirtiest Hotels list based upon user comments and data is...more

Viacom Gets a Second Bite at YouTube

In one of the most closely followed cases involving the digital millennium copyright act (DMCA), an appeals court punted one of the key issues back to the lower court. The key issue left open relates to what constitutes...more

Update: Who Owns a Company's Twitter Account?

On January 5, we posted a blog entry about the case of PhoneDog v. Kravitz, pending in the United States District Court for the Northern District of California.  In short, during his employment with PhoneDog, Kravitz...more

Your business needs a social media policy and this is why

It is foolish to not have one. Having a social media policy is like having a Will for your businesses’ branding and marketing efforts and the cost of getting that policy will likely be less than the bill for the first day in...more

VO Group, LLC v. Opinion Corp. et al.

Brief in Support of Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (CPLR sec. 3211(a)(7))

Motion to dismiss complaint filed in New York Supreme Court (trial level), Kings County (i.e., Brooklyn), by timeshare sales company seeking to censor criticism of the company found on PissedConsumer.com....more

Service Provider's Intent in Removing Positive Reviews Irrelevant in Assessing Availability of CDA Section 230 Protection

A lawsuit against consumer review site Yelp! has yielded an opinion that demonstrates the breadth of the protection afforded interactive service providers under Section 230 of the Communications Decency Act. In Levitt v....more

Using UDRP Arbitration to Squash Typosquatters

An introduction to the Uniform Domain Name Dispute Resolution Policy. This article originally appeared in the Maryland Bar Association Bar Bulletin....more

I HAVE A TRADEMARK, HOW DO I EVICT THE CYBERSQUATTER FROM MY DOMAIN NAME?

The domain name business remains rough-and-tumble. Little consideration goes into the niceties of paying attention to trademark rights. If you have a federally registered trademark and don't already have a corresponding...more

Merck v. Gnosis

Summary Judgment Reply - When Defendant's Advertising is More Aligned with the International Standard than Plaintiff's, that is...

This is a Response to a sur reply in a Lanham Act false advertising case in SDNY. Plaintiff, Merck Eprova, claimed that my client, Gnosis, S.p.A., caused an independent GRAS panel of experts to change the nomenclature in...more

Member's Edge, LLC v. Doubleplay Media, Inc, et al.

Answer, Cross-Claims and Third Party Complaint

We represented Ifficient, Inc. in a multi-party claim involving the sale, resale and quality of sales lead data involving a number of Internet companies. With the assistance of the Bergen County mediation program, the...more

Case Study - Trade Dress Infringment

Companies can protect their overall style, products or packaging or "look and feel" from imitators under trade-dress, a less known but possibly a more powerful way to protect brand equity. If implemented and enforced...more

Advertising Law - July 2, 2009

IN THIS ISSUE: *Olive Garden Asserts It Did Not Pull Letterman Ads *Feds Seize $34 Million From Online Poker Pots *Lawsuit Targets KFC Oprah Promo *Protecting Your Identity Online Can Be An Ongoing Battle *Liquor Ads...more

Defamation on Facebook - protecting your professional reputation

In this article, Michael Axe looks at the first English High Court case to address the use of "fake profiles" on Facebook, as well as other recent developments in relation to defamation on the internet. In the case of...more

Yeshiva Yagdil Torah, d/b/a Vaad Harabbonim Letikshoreth v. Sprint Solutions, Inc. et al.

Amended Complaint

As reported by Andrews Publications (http://news.findlaw.com/andrews/bt/tel/20061215/20061215_yeshiva.html): "An ultra-orthodox sect of the Jewish community seeking to block its members' access to the Internet and...more

Jews for Jesus v. Brodsky

Reply Brief of Appellant

One of the definitive early cases on domain names, predating the Anti-Cybersquatting Act. The Third Circuit addressed none of the issues set forth in this brief and merely affirmed the District Court's opinion at 159 F.3d...more

Jews for Jesus v. Brodsky

Brief of Appellant

One of the definitive early cases on domain names, predating the Anti-Cybersquatting Act. The Third Circuit addressed none of the issues set forth in this brief and merely affirmed the District Court's opinion at 159 F.3d...more