In copyright infringement case, artist’s social media popularity supported claim that retail chain copied artwork

Plaintiff is an artist who designs macabre items, including a bat-themed mug. Defendant (Michaels, the well-known retail craft store) started selling a vase that plaintiff . . .

Uber’s signup process did not create enforceable arbitration provision

After plaintiff Uber user was denied a ride because of her guide dog, she sued Uber for discrimination under Maine law. Uber sought to have . . .

Vaccine information censorship: Is Congressman Adam Schiff liable for the deplatforming of a medical organization?

One could characterize the recent case of Association of American Physicians & Surgeons, Inc. v. Schiff as addressing the issue of vaccine information censorship. The . . .

Is Indiana’s revenge porn law constitutional?

  In 2019, Indiana joined a number of other states and enacted a statute that makes it a crime for a person to distribute an . . .

Old social media posts violated trade dress infringement injunction

The parties in the case of H.I.S.C., Inc. v. Franmar are competitors, each making garden broom products. In earlier litigation, the defendant filed a counterclaim . . .

Can a party recover statutory damages under the Stored Communications Act without proving actual damages?

The Stored Communications Act (18 USC 2701 et seq.) is among the most powerful tools relating to email privacy. It is a federal statute that . . .

Omegle protected by Section 230 against claims for child pornography, sex trafficking and related claims

Omegle is a notorious website where you can be randomly placed in a chat room (using video, audio and text) with strangers on the internet. . . .

ACPA claim survives because mark was distinctive when domain name was re-registered

Federal law has a statute that prohibits abusive domain name registration. The Anticybersquatting Consumer Protection Act, 15 U.S.C. 1125(d) (ACPA) provides, among other things, that . . .

UDRP loss results from lack of communication with domain registrar

In a recent case under the Uniform Dispute Resolution Policy (UDRP), the administrative panel determined that a party who had owned the disputed domain name . . .

Court refuses to enjoin use of fake accounts to access DRM-protected information

Plaintiff manufacturer of medical equipment sued a company that services such equipment for hospitals and clinics. Plaintiff claimed, among other things, that defendant violated the . . .