Feb
6
Copyright fair use – Designer Skin LLC v. S & L Vitamins, Inc.
February 6, 2012 | Comments Off on Copyright fair use – Designer Skin LLC v. S & L Vitamins, Inc.
Court holds that unauthorized internet reseller of plaintiff’s tanning products is not guilty of trademark infringement as a result of its use of plaintiff’s trademarks in the meta tags of a website at which such products are sold, and as search engine keywords triggering the display of a link to such a website. In reaching […]
Jan
31
Copyright – Fair Use with Perfect 10 v. Google, Inc.
January 31, 2012 | Comments Off on Copyright – Fair Use with Perfect 10 v. Google, Inc.
On a motion for a preliminary injunction, the Court holds plaintiff likely to succeed on copyright infringement claims arising out of defendant Google’s display of “thumbnail” images of plaintiff’s copyrighted photographs in response to users’ searches for images matching their description. The Court held that it is likely to find that such a display is […]
Jan
24
What is spam – Law
January 24, 2012 | Comments Off on What is spam – Law
The problem of unsolicited email (or “spam” as its commonly referred to) continues to grow. For many people, the number of junk messages they now receive promoting sexual aids, get rich quick schemes or pleas to help fictious deposed African leaders, has overtaken the number of legitimate messages they receive. Not only does the arrival of such […]
Jan
22
What is copyright?
January 22, 2012 | Comments Off on What is copyright?
What Is Copyright? Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 […]
Jan
15
In re: Asia Global Crossing, Ltd., et al.
January 15, 2012 | Comments Off on In re: Asia Global Crossing, Ltd., et al.
Employee Does Not Waive Attorney Client Privilege Simply By Communicating Over Company Email System Court holds that the use of a company’s e-mail system by an employee to send personal e-mails to the employee’s personal counsel does not, without more, waive any attorney client privilege in such communications. Whether a waiver had occurred must instead […]
Dec
30
American Civil Liberties Union of Georgia, et al. v. Zell Miller, et al.
December 30, 2011 | Comments Off on American Civil Liberties Union of Georgia, et al. v. Zell Miller, et al.
Plaintiffs brought suit to challenge the constitutionality of a statute passed by the State of Georgia (O.C.G.A. § 16-9-93.1) which, inter alia, makes it a crime for: any person … knowingly to transmit any data through a computer network … for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home […]
Dec
6
Hyperlink At Your Own Risk
December 6, 2011 | Comments Off on Hyperlink At Your Own Risk
One of the Internet’s greatest attributes is the hyperlink, which permits the “surfing” for which the Internet is famous. By clicking the mouse on a hyperlink, the user is transferred from one Web site to another. Typically, the linked sites are created by different individuals. Hyperlinks are found on virtually every Web site, including search […]
Dec
3
1-800 Contacts, Vision Direct, Inc. and Inc. v. WhenU
December 3, 2011 | Comments Off on 1-800 Contacts, Vision Direct, Inc. and Inc. v. WhenU
Use Of Domain Name Containing Another’s Trademark In Unpublished Directory To Trigger Delivery Of Pop-up Ads Does Not Infringe Trademark Reversing the court below, the Second Circuit dismisses trademark infringement claims brought by a mark holder and website operator against a distributor of pop-up ads. Such claims fail because “as a matter of law, [defendant] […]
Nov
25
Name.Space, Inc. v. Network Solutions
November 25, 2011 | Comments Off on Name.Space, Inc. v. Network Solutions
Plaintiff Name.Space, Inc. and its predecessor-in-interest PGMedia, Inc. (collectively “Name.Space”) operated a domain name registry in competition with defendant Network Solutions, Inc. (“NSI”) which, at the time this action was commenced, operated the exclusive domain name registry for the generic top level domains (“gTLDs”) “.com”, “.org”, “.net” and “.edu”. In its effort to compete, Name.Space […]
Nov
18
Old dispute about antitrust on the internet – Kinderstart vs Google – Case 1
November 18, 2011 | Comments Off on Old dispute about antitrust on the internet – Kinderstart vs Google – Case 1
Court dismisses action seeking redress as a result of Google’s alleged downward manipulation of the “Page Rank” it assigned plaintiff’s website. This act allegedly reduced the ranking of plaintiff Kinderstart.com’s search engine in various Google Search results which, in turn, adversely impacted both the traffic and advertising revenue plaintiff Kinderstart.com’s site generated. “Page Rank” is […]
