January 2024

  1. Trademarks

    Who owns the trademark rights in the name of a user-created community?

    January 16, 2024 - In the realm of online communities, where does the ownership of trademark rights lie – with the platform hosting the community or the individual user . . .

    4 min read Read
  2. Privacy

    Beauty and the Biometrics: Federal court in Illinois tosses biometric data case brought against cosmetics giant

    January 15, 2024 - 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 . . .

    2 min read Read
  3. ContractsCopyright

    IP warranty in the spotlight: Licensor’s failure to assure licensee of rights leads to litigation

    January 12, 2024 - 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 . . .

    3 min read Read
  4. CopyrightUnfair Competition

    Google did not “trespass” on websites by placing ads in mobile app

    January 12, 2024 - 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 . . .

    5 min read Read
  5. CybersquattingTrademarks

    No ACPA injunction because mark was not distinctive when domain name first registered

    January 10, 2024 - This case had a bit of a weird result – even though the brand owner had a mark that was 20 years old, and the . . .

    3 min read Read
  6. Defamation

    Second Circuit rules in favor of Barstool Sports in high profile online defamation case

    January 9, 2024 - 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 . . .

    3 min read Read
  7. BlockchainLitigation

    Court says lawsuit can be served via blockchain

    January 9, 2024 - 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 . . .

    2 min read Read
  8. ContractsCopyright

    Shake Shack shakes off typeface breach of contract claim

    January 6, 2024 - 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, . . .

    3 min read Read
  9. CopyrightDMCA

    cPanel gets injunction to shut down sophisticated counterfeiting enterprise

    January 4, 2024 - The purveyor of cPanel - the well-known hosting automation software - has successfully obtained an injunction against an overseas enterprise accused of engaging in an . . .

    3 min read Read
  10. Contracts

    Customer was not “under duress” to agree to clickwrap agreement for continued services

    January 3, 2024 - 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 . . .

    2 min read Read