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Archive for the ‘9th Circuit Decisions’ Category

By Kassity Liu Amazon Files Lawsuit to Protect Consumer Privacy On April 19, 2010, online retailer Amazon.com filed a lawsuit against the North Carolina Department of Revenue (DOR), asking a federal judge to preempt the DOR’s request for detailed information on consumers’ purchases from the company’s website. CNET and Ars Technica reported that Amazon is pushing back because it believes the DOR’s request violates consumers’ rights under the First Amendment and the Video Privacy Protection Act. In its complaint, Amazon ... Read More...
Posted On Apr - 25 - 2010 Comments Off READ FULL POST
Court Excludes Litigation Fees from Calculation of Damages under DMCA § 512(f). By Debbie Rosenbaum – Edited by Gary Pong Lenz v. Universal Music Corp., Case No. 5:07-cv-03783-JF (N.D. Cal., Feb. 25, 2010) Slip Opinion (Hosted by the Citizen Media Law Project) On February 25, 2010, Judge Fogel for the Northern District of California held that a plaintiff suing over a wrongful Digital Millennium Copyright Act (“DMCA”) takedown notice can only recover for damages that were proximately caused by said ... Read More...
Posted On Mar - 4 - 2010 Comments Off READ FULL POST
For in rem Jurisdiction, Ninth Circuit Holds That Domain Names Are Located Where the Registry is Located By Elizabeth Akerman – Edited by Gary Pong Office Depot, Inc. v. Zuccarini, Case No. 07-16788 (9th Cir., Feb. 26, 2010) Slip Opinion The U.S. Court of Appeals for the Ninth Circuit affirmed the decision by the District Court for the Northern District of California to grant DS Holdings’ motion to appoint a receiver to auction off Zuccarini’s domain names and use the ... Read More...
Posted On Mar - 4 - 2010 Comments Off READ FULL POST
Supreme Court Issues a Stay to Prevent Broadcasting of Proposition 8 Case By Andrew Segna – Edited by Dmitriy Tishyevich Hollingsworth v. Perry (on application for stay), Case No. 09A648 (U.S., Jan. 13, 2010) Slip Opinion The Supreme Court granted a stay of the order issued by the United States District Court for the Northern District of California for a broadcast of the California lawsuit challenging Proposition 8, which amended the state constitution to define a valid marriage as only ... Read More...
Posted On Jan - 18 - 2010 1 Comment READ FULL POST
Ninth Circuit Remands Cybersquatting Case By Debbie Rosenbaum – Edited by Amanda Rice Lahoti v. Vericheck Inc., No. 08-35001 (9th Cir., Nov. 16, 2009) Opinion On November 16th, the Ninth Circuit held that the district court’s finding that the mark “VeriCheck” was an inherently distinctive, legally protectable mark was based in part on erroneous legal reasoning and in part on valid reasoning. Accordingly, it vacated the lower court’s award of summary judgment in favor of the defendant and remanded. However, ... Read More...
Posted On Nov - 21 - 2009 Comments Off READ FULL POST
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