Socially Aware

October 26, 2012 - Trademark, DMCA, Copyright, IP, Litigation
Born to Mock: Trademark Holder’s Fight to Remove Mark on Kitsch Merchandise May Have Broad Legal Implications
By: Jessica Kaufman
Popular online marketplace CafePress.com suffered a legal setback recently when a U.S. District Court in the Southern District of New York denied CafePress’s motion for summary judgment against claims of trademark infringement. CafePress operates an online “print on demand” service that allows users to
... ›
September 06, 2012 - Litigation
G2G, Yo Quiero TB: Taco Bell Found Not Liable for Franchisee Text Message Campaign
By: Jessica Kaufman
Plaintiffs’ attorneys seeking to cash in on grande class action lawsuits against companies that launch text message advertising campaigns suffered a setback in June as the U.S. District Court in the Southern District of California granted Taco Bell summary judgment in a lawsuit for
... ›
August 30, 2012 - DMCA, Copyright, Litigation
Judge Posner Kicks that Flava in Ya Ear: New Guidance on Contributory Infringement from the Seventh Circuit
Over the past year, a number of courts across the country have decided cases involving contributory infringement and the application of the Digital Millennium Copyright Act’s § 512(c) safe harbor in the social media context. Unfortunately for those who favor a uniform approach to the
... ›
August 15, 2012 - DMCA, Copyright, IP, Litigation
The Potential Perils of Posting Pictures (on Social Media)
In today’s information economy, content owners are faced with a challenging decision regarding digital content. On the one hand, the viral nature of social media can mean unprecedented exposure as digital content is shared. On the other, that opportunity can come with significant legal
... ›
August 14, 2012 - Privacy, Employment Law, Litigation
Update: What’s Not to Like?
As we reported earlier this year, the Federal District Court for the Eastern District of Virginia held in Bland v. Roberts that merely “liking” a Facebook page is insufficient speech to merit constitutional protection. In the case, former employees of the Hampton Sheriff’s Office
... ›
August 10, 2012 - FTC, Litigation
The FTC’s Spokeo Settlement Highlights Social Media-Related Legal Risks
By: Julie O'Neill
The Federal Trade Commission (FTC) recently reached an $800,000 settlement with the data broker Spokeo, Inc. (“Spokeo”). The FTC’s complaint alleged violations not normally seen together: First, that Spokeo distributed personal information for background checks by employers in ways that failed to comply with
... ›
July 23, 2012 - Terms of Use, Privacy, Litigation
We’ve Come for Your Tweets: Twitter to Appeal Denial of Its Motion to Quash District Attorney’s Subpoena
By: J. Alexander Lawrence
As the Occupy Wall Street protests fade from memory, a related discovery battle between Twitter and the New York County District Attorney rages on. Earlier this year, we discussed the District Attorney’s efforts to subpoena user information and tweets of criminal defendant Malcolm Harris,
... ›
July 19, 2012 - FTC, Litigation
Face Off: Consumer Sues Hockey Team Over Text Messages
By: Julie O'Neill
Earlier this year, Fred Weiss, a Pittsburgh Penguins hockey team fan, responded to an offer to receive text messages alerting him to team news and special offers. Although the terms pertaining to the call-to-action apparently promised Weiss that he would receive no more than
... ›
June 24, 2012 - Litigation
“You Have One New Lawsuit”: Can You Serve Legal Notice Through Social Media?
By: Daniel P. Levison
As reported by Law36 0 and several other sources, on June 7, 2012, in Fortunato v. Chase Bank, a federal district court ruled that defendant Chase Bank could not use Facebook to serve a third-party defendant with the complaint that Chase had filed against
... ›
June 18, 2012 - Copyright, Discovery, Litigation
What, What (In the Court): South Park Studios Shielded by Fair Use for Viral Video Parody
The Seventh Circuit held recently in Brownmark Films, LLC v. Comedy Partners that, under certain circumstances, a trial court may dismiss a copyright infringement case based on a fair use defense prior to discovery. Over the years, the satiric Comedy Central cartoon program South
... ›

Topic Archives: Litigation

Born to Mock: Trademark Holder’s Fight to Remove Mark on Kitsch Merchandise May Have Broad Legal Implications

By: Jessica Kaufman

G2G, Yo Quiero TB: Taco Bell Found Not Liable for Franchisee Text Message Campaign

By: Jessica Kaufman

Judge Posner Kicks that Flava in Ya Ear: New Guidance on Contributory Infringement from the Seventh Circuit

The Potential Perils of Posting Pictures (on Social Media)

Update: What’s Not to Like?

The FTC’s Spokeo Settlement Highlights Social Media-Related Legal Risks

By: Julie O'Neill

We’ve Come for Your Tweets: Twitter to Appeal Denial of Its Motion to Quash District Attorney’s Subpoena

By: J. Alexander Lawrence

Face Off: Consumer Sues Hockey Team Over Text Messages

By: Julie O'Neill

“You Have One New Lawsuit”: Can You Serve Legal Notice Through Social Media?

By: Daniel P. Levison

What, What (In the Court): South Park Studios Shielded by Fair Use for Viral Video Parody