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 […]

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 […]

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 […]

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 […]

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Use Of Domain Name Containing Another’s Trademark In Unpublished Directory To Trigger Delivery Of Pop-up Ads Does Not Infringe Trademark Reversing the court below, the Second Circuit dismisses trademark infringement claims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] […]