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Archive for the ‘Jurisdiction’ Category

District Court Will Not Require Ebay to Make Greater Effort to Police Trademark Infringers By Jeff Gritton — Edited by Joshua Gruenspecht Tiffany, Inc. v. eBay, Inc. S.D.N.Y., July 14, 2008, No. 04 Civ. 4607 First Circuit, June 18th, 2008, Nos. 07-2078, 07-2246 Slip Opinion On July 14, the Southern District of New York denied Tiffany’s claims of direct and contributory trademark infringement against eBay. The court agreed with eBay that, as a legitimate seller of Tiffany goods, the online ... Read More...
Posted On Jul - 19 - 2008 1 Comment READ FULL POST
District Court Compels Disclosure of YouTube User Logging Records, Protects Source Code By Jay Gill — Edited by Sarah Sorscher Viacom International, Inc. v. YouTube, Inc. S.D.N.Y., July 1, 2008, No. 07 Civ. 2103 Order (Provided by Justia) The District Court for the Southern District of New York partially granted a discovery motion made by Viacom in its copyright suit against YouTube and YouTube’s parent company Google. The order compels Google to produce the contents of YouTube’s logging database, including ... Read More...
Posted On Jul - 12 - 2008 2 Comments READ FULL POST
Eleventh Circuit Applies Copyright Act’s Collective Works Provision to CD-ROM Collection By Dmitriy Tishyevich — Edited by Andrew Ungberg Greenberg v. National Geographic Society 11th Circuit, June 30, 2008, No. 05-16964 Slip Opinion On June 30, the Eleventh Circuit issued a divided en banc opinion, affirming by a 7-5 vote the panel decision in Greenberg II, which had vacated Greenberg I. Writing for the majority, Judge Barkett held that National Geographic was privileged to reproduce its print issues. Section 201(c) ... Read More...
Posted On Jul - 6 - 2008 Comments Off READ FULL POST
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...
Posted On Jun - 30 - 2008 1 Comment READ FULL POST
Ninth Circuit Applies Fourth Amendment to Text Messages at Work By Anna Volftsun — Edited by Evie Breithaupt Quon v. Arch Wireless Operating Company, Inc. Ninth Circuit, June 18, 2008, No. 07-55282 Slip Opinion On June 18, 2008, the Ninth Circuit held that the City of Ontario, California violated the Fourth Amendment when Ontario Police Department officials viewed text messages sent by a department employee. The court also held that Arch Wireless, the city’s service provider, had violated the Stored ... Read More...
Posted On Jun - 28 - 2008 2 Comments READ FULL POST
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