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...

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...

Federal Circuit Rules for Crocs on Appeal in ITC Patent Dispute By Sharona Hakimi – Edited by Steven Primeaux Crocs, Inc. v. ITC, Appeal 2008-1596 (Fed. Cir. Feb. 24, 2010) Slip Opinion On February 24, 2010, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a patent decision by the U.S. International Trade Commission concerning Crocs shoes. In what has become a trend in high-profile design patent cases, Judge Rader provided guidance on claim construction and the ... Read More...

By Davis Doherty Google Executives Answer for the Sins of Their Users in Italy PCWorld reports that on Feburary 24, an Italian court convicted three Google executives for violating privacy laws, handing down six-month suspended sentences to each. The ruling arose after a video depicting the bullying of a boy with Down Syndrome was posted to Google Video Italia; Google removed the clip within hours of receiving a complaint from the Italian police, two months after it was first uploaded. ... Read More...

School Punishment of Online Speech: Evans v. Bayer By Stuart K. Tubis – Edited by Frank Sabatini Evans v. Bayer, No. 08-61952-CIV-GARBER (S.D. Fla. February 12, 2010) Slip Opinion The District Court for the Southern District of Florida granted in part and denied in part defendant’s motion to dismiss. The court dismissed the claim for injunctive relief to prevent Bayer from maintaining records of the suspension and to compel him to revoke the suspension nunc pro tunc. The court held ... Read More...