Congress passed the Consumer Review Fairness Act, Pub. Law 114-258, which prohibits and makes invalid, as a matter of public policy, contracts which prohibit or restrict the ability of a party to review, assess performance, or provide a similar analysis of goods, services, or … [Read more...] about Form Contracts Effecting Critical Reviews or Assessments Invalid
We know it has been a few months since this decision, but as security and privacy become more important, a review of this decision is critical. For those of you who haven't yet read the decision, the following summary will help. The Federal Trade Commission (FTC) asserted that … [Read more...] about FTC v Wyndham-Unfair Competition From Breach of Data Security Policy
In the recent decision of Tartell v South Florida Sinus and Allergy Center et al (11th Circuit 2015)(Available Here), the Court reversed the district court’s decision in favor of Dr. Paul Tartell. This case stemmed from an apparent aggrieved set of doctors (Dr. Paul Tartell and … [Read more...] about Doctor Cybersquatting Dispute: Evidence Required For Proving Up Secondary Meaning in a Name
The United States District Court for the Southern District of New York has held that Defendants’ use of the Plaintiff’s trademark to identify Plaintiff’s goods or services is not trademark infringement under federal or New York law. Allied Interstate LLC v. Kimmel & … [Read more...] about Unauthorized Use Of A Trademark To Identify Owner’s Goods Is Not Infringement
The Northern District of California dismissed two claims stemming from alleged unauthorized use and reproduction of a copyrighted computer software. Metabyte, Inc. v. NVIDIA Corp., et al., Case No. 12-0044 (N.D. Cal. April 22, 2013) (available here). Metabyte sued NVIDIA and … [Read more...] about Software Source Code Access Not Enough For CFAA And Copyright Act Preempts Common Law Unfair Competition
To the Batmobile, but only the authentic one! Batman’s Batmobile is subject to copyright protection because it is an especially distinctive character in the Batman world, according to the District Court of the Central District of California. D.C. Comics v. Towle, Case No. … [Read more...] about “Holy Schnikes Batman!” The Batmobile Is Protected By Copyright!
In an innovative move which bypasses copyright infringement claims, Slep-Tone sued over a dozen karaoke DJs who use Slep-Tone’s karaoke discs. See Slep-Tone website at http://www.soundchoicestore.com. These compact discs have songs written in a special encoded format known as … [Read more...] about Trademark and Unfair Competition Claims Employed to Stop Copying of Karaoke Discs
The Comprehensive General Liability ("CGL") insurance policy typically used by many businesses oftentimes includes insurance coverage for misusing another’s "advertising idea." In Clarcor, Inc. v. Columbia Casualty, U.S. Dist. Ct, M.D. TN, Case No. 3:10-00336 (Dec. 16, … [Read more...] about Advertising Ideas and Insurance Coverage