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New York State Court Holds that Plaintiffs Must Meet a Higher Standard when Making a Claim of Libel against an Author of a Work

The New York Supreme Court granted summary judgment for defendants and dismissed a libel suit against the author and publisher of Primary Colors, a novel based on the first presidential campaign of Bill Clinton. In a case that could have implications for future suits regarding online fantasy role-playing games, the trial court held that a plaintiff faces a higher standard when making a claim of libel against an author of a work of fiction than a work of nonfiction. Read more about New York State Court Holds that Plaintiffs Must Meet a Higher Standard when Making a Claim of Libel against an Author of a Work

Court Rules on Motions for Partial Summary Judgment on MP3.com Copyright Infringement Suit

In late 1999 and early 2000, MP3.com sought to provide a service to its users by making available mp3 files of musical compositions. At the time, technology to rip mp3’s from CDs was not readily available to the public; therefore, MP3.com created “server copies” of thousands of CDs and made them available to users who could prove ownership of the CDs. Country Road Music, Inc. with others brought suit against MP3.com in the District Court for the Southern District of New York for willful copyright infringement. All parties in this case moved for partial summary judgment. Read more about Court Rules on Motions for Partial Summary Judgment on MP3.com Copyright Infringement Suit

Tenth Circuit Allows FTC Enforcement of National Do Not Call Registry

On October 7, the Tenth Circuit Court of Appeals greenlighted the Federal Trade Commission (FTC) to continue implementing the National Do Not Call Registry -- a federally maintained list of phone numbers whose owners no longer want to receive telemarketing calls. The order grants the FTC's request for a stay pending a final ruling by the court on a district court's permanent injunction against the Registry. Read more about Tenth Circuit Allows FTC Enforcement of National Do Not Call Registry

Car Buyer’s Website Critical of Dealership Allowed to Use Company’s Trade Name in its Domain Address

The court in Crown Pontiac addressed whether a preliminary injunction may properly issue against a consumer who incorporates a company’s trade name into a website domain name, where such website is used by the consumer to publicize his grievances with the company. Defendant Thomas Ballock, car buyer, was disappointed with a sunroof installed by plaintiff dealership, Crown Pontiac, doing business as Crown Pontiac Nissan (“Crown”). Read more about Car Buyer’s Website Critical of Dealership Allowed to Use Company’s Trade Name in its Domain Address

EU Appellate Court Overturns Customs Tariff Classification of Sony PlayStation®2

[Editor's note: What follows is a detailed summation of the case that may be of limited interest to non-specialists. The degree of detail is intended to reflect the technical nature of the decision and to help clarify conflicting media reports about its holdings.] Read more about EU Appellate Court Overturns Customs Tariff Classification of Sony PlayStation®2

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