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Advertising Litigation Report: Vol. 2, No. 2 - Lanham Act False Advertising

Summary Judgment Affirmed for Defendant in Lanham Act Challenge to Statements Concerning Popularity of Advertiser’s Product, Scarcity of Challenger’s Product: Verisign, Inc. v. XYZ.COM LLC, 848 F.3d 292 (4th Cir. 2017)...more

Auction House Accused of Scraping Competitor’s Web Listings

Screen scraping is a problem that has vexed website owners since the early days of e-commerce – how to make valuable content available to users and customers, but prevent competitors from accessing such content for commercial...more

App Privacy Litigation Settles For $5.3 Million

by King & Spalding on

Several major app developers, including Twitter, Facebook, Instagram, and Yelp, settled a putative class action pending in California federal court last week. The app companies have agreed to pay a consolidated $5.3 million...more

The Internet is Even Busier That it Was Last Year: eDiscovery Trends

by CloudNine on

About this time last year, I published (or re-published, if you will) a terrific infographic that illustrated what happens within the internet in a typical minute in 2016. Since I will be part of a panel discussion at The...more

Federal Class Action Lawsuit Highlights Importance of Sweepstakes Lawyer

by Klein Moynihan Turco LLP on

Last month, a federal district court in Detroit refused to dismiss a putative class action lawsuit filed against Dunham’s Athleisure Corporation (“Dunham’s”) concerning the regional sporting goods retailer’s sweepstakes...more

TCPA Connect - April 2017

FCC Combats Spoofed Robocalls - As part of an initiative that would enable voice service providers to better protect subscribers from illegal and fraudulent robocalls, the Federal Communications Commission has released a...more

Financial Services Weekly News - April 2017 #3

by Goodwin on

Editor's Note - Cross River Bank Takes on Colorado in True Lender Action. This past January, the Administrator of Colorado’s Uniform Consumer Credit Code filed a court action against Marlette Funding LLC (Marlette),...more

Wells Fargo Resolves TCPA Class Action

by Klein Moynihan Turco LLP on

Last week, Wells Fargo Bank, N.A. (“Wells Fargo”) successfully resolved a “junk fax” Telephone Consumer Protection Act (“TCPA”) class action with an accepted offer of judgment that satisfied both the named plaintiff and the...more

Litigation Alert: “Oh No They Didn’t!” – Ninth Circuit Throws DMCA Safe Harbors for Moderated Content into Disarray

by Fenwick & West LLP on

A three-judge panel of the Ninth Circuit handed down its latest decision on the scope of the optional safe harbor for web hosting services under Section 512(c) of the Digital Millennium Copyright Act. The April 7 decision in...more

Copyright Plaintiff Allowed to Subpoena ISP to Discover Defendant’s Name

A recent decision from the District of Connecticut is part of a series of copyright cases where a plaintiff, unable to identify the accused infringer except by the Internet Protocol (or “IP) address used at the time of the...more

SPECIAL ALERT: D.C. Circuit Invalidates FCC's Solicited Fax Rule

In a significant victory for TCPA junk fax defendants, a split panel of the U.S. Court of Appeals for the District of Columbia Circuit invalidated the Federal Communication Commission's Solicited Fax Rule. The Solicited Fax...more

Uber Steers for Mandatory Arbitration

by Robins Kaplan LLP on

After its bid to compel arbitration stalled in the district court, Uber is gearing up to argue before the Second Circuit that its users waive their right to a jury trial when they sign up for its app. The defendants in...more

Defamation and Data Protection: A Twin-Barrelled Approach to Claims Against Publishers

by Reed Smith on

In the recent case of Prince Moulay Hicham v Elaph Publishing Limited, the Court of Appeal held in a unanimous decision that a claimant could include an action under the UK Data Protection Act 1998 (‘DPA’) as an alternative...more

Advertising Law - March 2017 #3

Stop Pulling My Leg: Pully Block Systems Not “Made in USA” - A distributor of pulley block systems agreed to stop making what the Federal Trade Commission said were false, misleading and unsupported claims that its...more

TCPA Connect - March 2017

Defendant’s Calling System Ruled Not an Autodialer - A Telephone Consumer Protection Act defendant successfully persuaded a Michigan federal court judge that its calling system was not an automated dialing system because...more

Email Marketing Attorneys and the FTC Clash Over and Settle Spam Claims

by Klein Moynihan Turco LLP on

Last week, email marketing lawyers and the Federal Trade Commission (“FTC”) announced a $500,000.00 settlement between the agency and a company offering weight-loss products which were allegedly marketed via email in...more

Uber’s Section 101 Motion to Dismiss Defeated by “Inventive” Ordered Combination

by Orrick - NorCal IP Group on

Order Denying Defendant’s Motion to Dismiss, X One, Inc. v. Uber Technologies, Inc., Case No. 16-CV-06050-LHK (Judge Lucy H. Koh) - Uber Technologies, the transportation network giant, recently lost a motion to dismiss a...more

Google Takes the Driver’s Seat in its Suit against Uber

by Robins Kaplan LLP on

The accidental push of a “send” button has Google zealously fighting to protect its exclusive driverless car technology. On February 23, 2017, Google’s self-driving car unit, Waymo LLC (“Waymo”), filed a lawsuit in the...more

Complaints About Claim Construction Irrelevant Without a Showing of How it Would Make a Difference

In Comcast IP Holdings I LLC v. Sprint Communications Company LP, [2015-1992] (March 7, 2017) the Federal Circuit affirmed a $7.5 million dollar award for infringement of U.S. Patent Nos. 8,170,008, 7,012,916 and 8,204,046...more

Samsung Shut Out Of Arbitration In Recent Consumer Class Actions

Two federal circuit courts of appeals have recently found that documents Samsung included in boxes with consumer products did not effectively create an arbitration agreement. In both cases, the documents had titles...more

Dickinson Wright Successfully Defends SLITHER.IO Creator From Trademark Challenge

by Dickinson Wright on

The Dickinson Wright team of Craig Phillips, Edward Perdue, and Steven Lustig successfully defended client, Lowtech Studios – creator of the highly popular mobile phone game app slither.io, from a trademark challenge by...more

California Supreme Court Rules that Texts and Emails on Personal Devices May Be Considered Public Records

by Allen Matkins on

The California Supreme Court recently held in City of San Jose v. Superior Court, California Supreme Court Case No. S218066, that public employees' digital messages existing in private electronic devices (e.g., smartphones...more

Texting and Driving – The Evolving Theories of Liability

Distracted driving has become one of the leading causes of motor vehicle accidents and fatalities in the United States. In 2014 alone, Pennsylvania saw more than 13,964 crashes involving a distracted driver, including 49...more

Dechert survey: Developments in securities fraud class actions against U.S. life sciences companies

by Dechert LLP on

Life sciences companies continued to be popular targets of securities fraud class action lawsuits filed in 2016, and prudent life sciences companies should take heed of the results of this year’s decisions. In 2016,...more

Judge gives .AFRICA the green light to proceed

by Hogan Lovells on

As previously reported here, the Internet Corporation for Assigned Names and Numbers (ICANN) has been sued by the disgruntled new generic Top Level Domain (gTLD) applicant, DotConnectAfrica, in order to prevent the delegation...more

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