January 2024
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Who owns the trademark rights in the name of a user-created community?
In the realm of online communities, where does the ownership of trademark rights lie – with the platform hosting the community or the individual user . . .
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Beauty and the Biometrics: Federal court in Illinois tosses biometric data case brought against cosmetics giant
A federal judge recently dismissed a class action lawsuit against The Estée Lauder Companies and one of its affiliates. This case involved allegations that these . . .
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IP warranty in the spotlight: Licensor’s failure to assure licensee of rights leads to litigation
In the recent breach of contract case in federal court in New York, we learn about what it takes for a copyright licensee to successfully . . .
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Google did not “trespass” on websites by placing ads in mobile app
Google’s Search App in the Android environment worked much like any web browser. When a user typed in a web address, the app would connect . . .
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No ACPA injunction because mark was not distinctive when domain name first registered
This case had a bit of a weird result – even though the brand owner had a mark that was 20 years old, and the . . .
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Second Circuit rules in favor of Barstool Sports in high profile online defamation case
The Second Circuit Court of Appeals has ruled in favor of Barstool Sports and certain of its employees in the longstanding defamation case brought by . . .
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Court says lawsuit can be served via blockchain
Plaintiff sued multiple defendants, including parties located in foreign countries, for claims related to trade secrets misappropriation, unfair competition and other business torts. Plaintiff sought . . .
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Shake Shack shakes off typeface breach of contract claim
In an ongoing federal case in New York, the well-loved restaurant Shake Shack finds itself embroiled in a copyright and contract dispute with House Industries, . . .
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cPanel gets injunction to shut down sophisticated counterfeiting enterprise
The purveyor of cPanel - the well-known hosting automation software - has successfully obtained an injunction against an overseas enterprise accused of engaging in an . . .
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Customer was not “under duress” to agree to clickwrap agreement for continued services
Plaintiff filed a lawsuit in federal court against car maker Hyundai alleging issues airsing from Hyundai's Blue Link and connected services. Defendant Hyundai moved to . . .