News & Analysis as of

Preliminary Injunctions Cease and Desist

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2022: Don't Delay, Act Today: Showing of Irreparable Harm Damaged by Delay in Filing Complaint

In a recent court order out of the Eastern District of Washington, a judge denied the Plaintiff’s request for a preliminary injunction against Defendant’s use of the mark LEAVENWORTH OKTOBERFEST, based in part on Plaintiff’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - October 2022

Thank you for reading the October 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss an ongoing trademark suit involving a claim of irreparable harm, share the now open gTLD Sunrise periods,...more

Goodwin

Ninth Circuit Limits CFAA to Digital "Breaking and Entering," Finds LinkedIn Likely Has No CFAA Claim Against Web Scraper

Goodwin on

On remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Ninth Circuit reaffirmed a California district court’s order preliminarily enjoining LinkedIn from denying hiQ Labs, a data analytics company, access to...more

Proskauer - Minding Your Business

Ninth Circuit “Scraps” Old Construction of CFAA in Closely Watched LinkedIn Data Scraping Case

This past month, professional networking site LinkedIn Corp., was given more time to file a petition for certiorari challenging a Ninth Circuit finding that hiQ Labs Inc. (“hiQ”), a workforce data analytics startup, did not...more

McDermott Will & Emery

Ninth Circuit Preserves LinkedIn Competitor’s Data-Scraping Rights

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction forbidding professional networking platform LinkedIn from denying data analytics company hiQ access to publicly available LinkedIn profiles. HiQ...more

Proskauer - New Media & Technology

Circuit Court Denies LinkedIn’s Petition for En Banc Review of hiQ Scraping Decision

Last month, LinkedIn Corp. (“LinkedIn”) filed a petition for rehearing en banc of the Ninth Circuit’s blockbuster decision in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783 (9th Cir. Sept. 9, 2019). The crucial question...more

Proskauer - New Media & Technology

hiQ v. LinkedIn Redux? Ninth Circuit Decision Tested in New Case

The ink is barely dry on the landmark Ninth Circuit hiQ Labs decision. Yet, a new dispute has already cropped up testing the bounds of the CFAA and the ability of a platform to enforce terms restricting unauthorized scraping...more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit Sides with Data Scraper and Affirms Preliminary Injunction Against LinkedIn in Data Mining Battle

In a narrow but notable holding, the Ninth Circuit recently held that the data mining company hiQ won the balance of hardships and identified sufficiently serious merits questions to warrant a preliminary injunction against...more

White & Case LLP

hiQ's preliminary injunction affirmed. A green light for data scraping or not?

White & Case LLP on

As we have previously discussed, claims under the Computer Fraud and Abuses Act (CFAA) are commonly asserted as a means of protecting online data from unwanted scraping activity.  The scope and application of the CFAA,...more

Saul Ewing LLP

Ninth Circuit Rejects Claim That Web Scraping Violates CFAA

Saul Ewing LLP on

On September 9, 2019, the U.S. Court of Appeals for the Ninth Circuit issued a highly-anticipated opinion in hiQ Labs, Inc. v. LinkedIn Corporation, No. 17-16783 (9th Cir. Sept. 9, 2019)....more

Proskauer - New Media & Technology

In Blockbuster Ruling, Ninth Circuit Affirms hiQ Injunction — CFAA Claim Likely Not Available for Scraping Publicly Available...

In a ruling that is being hailed as a victory for web scrapers and the open nature of publicly available website data, the Ninth Circuit today issued its long-awaited opinion in hiQ Labs, Inc. v. LinkedIn Corp., No. 17-16783...more

Proskauer - New Media & Technology

Data Aggregator Seeks Ruling Allowing It to Scrape Public LinkedIn Data

In the latest development in the legal controversy over scraping, 3taps, Inc. (“3taps”), a data aggregator and “exchange platform” for developers, filed suit against LinkedIn seeking a declaratory judgment that 3taps would...more

Proskauer - New Media & Technology

LinkedIn Files Opening Brief with Ninth Circuit in Closely-Watched Data Scraping Dispute with hiQ

In a new development in an important scraping dispute, LinkedIn appealed the lower court’s decision to grant a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block the...more

Wilson Sonsini Goodrich & Rosati

District Court Issues Injunction in hiQ v. LinkedIn Scraping Case

On August 14, 2017, the U.S. District Court for the Northern District of California issued a preliminary injunction that prohibits LinkedIn from implementing legal or technological restrictions on hiQ's access, copying, and...more

Proskauer Rose LLP

A Green Light for Screen Scraping? Proceed With Caution…

Proskauer Rose LLP on

Court Issues Injunction Barring Blocking of Scraping and Holds CFAA Likely Doesn’t Apply - Websites make information available to clients, users, customers and subscribers. Data aggregators, investors, competitors and...more

Proskauer Rose LLP

Three Point Shot - August 2017

Proskauer Rose LLP on

Eastern District Heavyweight Bout Ends in Stunning Trademark Technical Knockout - Floyd Mayweather and Connor McGregor's late-August 2017 matchup may be the most highly anticipated boxing event in decades. But while "The...more

McDermott Will & Emery

No Damages for Plaintiff Since Dry Cleaner Agreed to Hang Up Trademark Use

McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit affirmed a permanent injunction enjoining a dry cleaner franchisee from using plaintiff’s trademarks but explained that plaintiff was not entitled to punitive damages, costs or...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide