First Circuit Lifts Trademark Injunction to Make Way for Super Duck By Miriam Weiler — Edited by Evie Breithaupt Boston Duck Tours v. Super Duck Tours First Circuit, June 18th, 2008, Nos. 07-2078, 07-2246 Slip Opinion On June 18, the First Circuit lifted a preliminary injunction granted by the District Court of Massachusetts, which had enjoined Super Duck Tours, LLC (“Super Duck”) from using the phrase “duck tours” in its trade name and the cartoon of a duck in its ... Read More...

Supreme Court Leaves in Place Eighth Circuit Test Favoring First Amendment Protection for Fantasy Sports By Dmitriy Tishyevich — Edited by Evie Breithaupt Major League Baseball Advanced Media v. C.B.C. Distribution and Marketing 8th Circuit, Oct 16, 2007, cert. denied June 2, 2008 Eighth Circuit Opinion, Supreme Court Order On June 2, the Supreme Court denied petition for a writ of certiorari from Major League Baseball Advanced Media (“MLB”). MLB had sought to appeal the Eighth Circuit’s decision, which held ... Read More...

Second Circuit Holds First Amendment Claim Against School Regulation of Off-Campus Speech Unlikely to Succeed on the Merits By Jay Gill — Edited by Nicola Carah Doninger v. Niehoff Second Circuit, May 29, 2008, No. 07-3885 Slip Opinion The Second Circuit unanimously affirmed the Connecticut District Court’s decision to deny a motion for preliminary injunction in a case involving a high school’s alleged violation a student’s First Amendment rights. Ms. Doninger filed suit after the high school prohibited her daughter ... Read More...

Fifth Circuit Holds No Safety Exception to Communications Decency Act ISP Immunity By Anna Volftsun — Edited by Nicola Carah Doe v. MySpace, Inc. Fifth Circuit, May 16, 2008, No. 07-50345 Slip Opinion On May 16, 2008, the Fifth Circuit unanimously upheld the Western District of Texas, finding Section 230(c)(1) of the Communications Decency Act (“CDA 230”) barred a parent’s claims for negligence and gross negligence against the social networking site, MySpace.com. The suit was brought on behalf of Doe’s ... Read More...

Seventh Circuit Clarifies Online Service Liability for Illegal Advertisements By Michelle Yang — Edited by Wen Bu Chicago Lawyers’ Committee for Civil Rights Under Law, Inc. v. Craigslist, Inc. Seventh Circuit, March 14, 2008, No. 07-1101 Slip Opinion On March 14, the Seventh Circuit affirmed summary judgment by the District Court for the Northern District of Illinois for Craigslist, holding that the online bulletin board did not violate the Fair Housing Act by providing “an electronic meeting place” that hosted, ... Read More...