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

January 31, 2022 - 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

January 28, 2022 - 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?

January 26, 2022 - 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?

January 20, 2022 -   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

January 18, 2022 - 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?

January 14, 2022 - 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

January 12, 2022 - 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

January 11, 2022 - 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

January 6, 2022 - 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

January 5, 2022 - 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 . . .