Ninth Circuit Argues for Less Stringent Test for Protecting Anonymous Online Commercial Speech By Kathryn Freund – Edited by Janet Freilich In re: Anonymous Online Speakers, No. 09-71265 (9th Cir. July 12, 2010) Opinion The Ninth Circuit Court of Appeals denied writs of mandamus appealing the District Court of Nevada’s order to disclose the identities of anonymous online posters. Although the Circuit Court denied the writs of mandamus for procedural reasons, the decision provides a discussion of Free Speech protection ... Read More...
Archive for the ‘Internet’ Category
Use of Trademark in Domain Names Found to Be Nominative Fair Use By Harry Zhou – Edited by Anthony Kammer Toyota Motor Sales v. Tabari, No. 07-55344 (9th Cir. Jul. 8, 2010) Slip Opinion On July 8, 2010, the Ninth Circuit Court of Appeals vacated and remanded an injunction against Farzad and Lisa Tabari by the United States District Court for the Central District of California in a trademark infringement claim brought by Toyota Motor Sales U.S.A. (“Toyota”). The Ninth ... Read More...
By Ian B. Brooks Reality Porn Producers Claim Fair Use in Suit against Record Labels Ars Technica reports that Warner Bros. Records and ten other record music labels have filed suit against porn companies RK Netmedia and RealityKings.com. The record labels allege copyright infringement for the use of their unlicensed songs in hundreds of hardcore pornographic videos. They are seeking the maximum statutory penalty of $150,000 per video. RK Netmedia says it will defend the suit under the fair use ... Read More...
By Chinh Vo NTP Sues Major Smartphone Makers for Infringing Wireless Email Patents Ars Technica reports that patent holding company NTP has brought suits against Apple, Google, HTC, LG, Microsoft, and Motorola, claiming the smartphone makers are infringing eight patents for “delivery of electronic mail over wireless communications systems.” NTP brought a similar suit in 2001 against Blackberry manufacturer RIM, which settled for $612.5 million after several years of litigation. The New York Times notes that NTP may not enjoy ... Read More...
District Court Rules YouTube Protected by DMCA Safe Harbor Provisions in Viacom Copyright Infringement Suit By Chinh Vo – Edited by Gary Pong Viacom Int’l Inc. v. YouTube, Inc., No. 07 Civ. 2103 (S.D.N.Y. June 23, 2010) Slip Opinion hosted by Justia.com On June 23, 2010, the U.S. District Court for the Southern District of New York granted Google’s motion for summary judgment in a copyright infringement suit brought against its video-sharing service YouTube by media company Viacom. In dismissing ... Read More...
