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Hang On Little Tomatoes!
Pink Martini's new album, "Hang On Little Tomato," offers a nice reminder to keep hope alive.…
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Ninth Circuit holds that Computer Fraud and Abuse Act does not require $5000 floor on damages to be met by a single unauthorized
The Ninth Circuit considered whether the Computer Fraud and Abuse Act (18 U.S.C. Sec. 1030) requires plaintiffs to prove at least $5000 of damages or loss resul…
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Decision by British court orders ISP to disclose identity of file sharers
Following a policy similar to that employed in the U.S. by the RIAA, the British Phonographic Industry (BPI) decided to sue individuals offering large number of…
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Illinois District Court Holds that a Mere Registration of Domain Name by a Third Party Not Sufficient to Establish Trademark Rig
Plaintiff Pure Imagination, Inc. filed suit against defendant Pure Imagination Studios, alleging trademark infringement and cyberpiracy for defendant’s use of t…
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For the First Time, a Federal Court Finds Misuse of the DMCA’s Notice and Take Down Procedures
During early 2003, unknown persons leaked or intercepted an archive containing thousands of emails exchanged between employees at Diebold, a company that makes…
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District Court Finds Use of US Registered Trademark to Sell Gray Market Goods Violates Lanham Act
Plaintiff Bayer LLC is the United States distributor of the “ADVANTAGE” line of flea control preparations. Bayer LLC holds trademark protection for the term “A…
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Sixth Circuit vacates preliminary injunction against SCC; finds possible merger of idea and expression in Lexmark’s computer pro
In Lexmark v. Static Control Components, Lexmark, plaintiff-appellee, sought preliminary injunction against Static Control Components (SCC) defendant-appellant,…
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New York Civil Court Finds Forum Selection Clauses for Online Service Invalid
America Online moved to dismiss a claim against it in New York City Small Claims Court because the plaintiff had expressly agreed to exclusive jurisdiction in V…
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Court of Appeals for the District of Columbia Circuit refuses to quash FCC’s interim rules
In an order dated October 6, 2004, the D.C. Circuit refused to rule on a a writ of mandamus filed by the United States Telecom Association seeking to invalidate…
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Court Finds Anti-Bootlegging Statute Unconstitutional
Jean Martignon was indicted by a federal grand jury on one count of violating § 2319A, because he sold unspecified “unauthorized recordings of live performances…
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Claim for Violation of Illinois Right of Publicity Act Preempted by Copyright Act
In November 1995, model June Toney authorized Johnson Products to use her image on packages of a hair-care product for five years pursuant to a written agreemen…
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Craven Media Fails the Republic
We have to make it clear that our media has failed us. The media believes objectivity requires reporting the arguments of both sides, even if one of the argume…