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29 Sep 5:01 pm
... were the reason for the bill, but that the main justification for its passage was the protection of seniors and unwary consumers. Another point was the information this bill would force on people having their homes repaired - like the rights involved in contracting, an ... not be an issue. The best way to make sure there are no problems is to comply with the act. The brochure is linked above and getting the homeowner to sign off on it, having insurance, and delineating the terms of the project in ...
Illinois Construction Law Blog - http://www.illinoisconstructionlawblog.com/
22 Jan, 2007 9:53 am by D. Keith Henning
... unauthorized use of the mark by another who is communicating ideas or expressing points of view.' " Mattel, Inc. v. MCA Records, Inc., 296 F.3d 894, 900 (9th ... Plaintiff or its business, registered the domain name "shopsatwillowbend.com" to feature information about the mall and links to websites for tenant stores. The Defendant's website had a disclaimer noting that the site ... order establish liability. Abercrombie & Fitch v. Fashion Shops of Kentucky, Inc., 363 F.Supp.2d 952, 957 (S.D.Ohio 2005 ...
Copywrite - http://copywrite.wordpress.com
26 Jan, 2007 12:18 am by D. Keith Henning
... 2004, GMCI Internet Operations, Inc. ("GIO"), an affiliate of GMCI, owned the domain name penthouseboutique.com. Apparently, GIO allowed the penthouseboutique.com registration to lapse during the GMI bankruptcy proceedings, at which point the registrar released ... of internet websites almost totally unrelated to GMCI, the Penthouse marks, or the Penthouse Boutique, including links to websites concerned with travel, entertainment, finance, business, and pornography. The defendants contend that this ...
Copywrite - http://copywrite.wordpress.com
11 Jul 2:17 pm by David Johnson
... s name or trademark, Google provided two types of results. First, it provided a list of links to websites, listed in the order Google's algorithm's deemed to be of descending relevance to ... finding does not by itself mean that Google is civilly liable to Rescuecom. As the 2nd Circuit pointed out, to prevail, Rescuecom still needs to prove that Google's use of its trademark caused ... 3d 400 (2d. Cir. 2005). Fn4 Soilworks, LLC v. Midwest Industrial Supply, Inc., 575 F. Supp.2d 1118, 1129 (D. Ariz. 2008).
Digital Media Lawyer Blog - http://www.digitalmedialawyerblog.com/
4 Sep, 2008 11:38 am by Rebecca Tushnet
... a California state flag, and a license plate logo that added "California" above "DMV.ORG." There were links "about how to complete DMV-related transactions," with titles like "Drivers License," "Vehicle Registration," "Locations & Hours," and ... non-emailers were also confused, making even a small percentage of visitors who actually demonstrate confusion persuasive evidence. As the court pointed out, the consumer who testified about her confusion didn't learn her mistake for nearly a year, and ...
43(B)log - http://tushnet.blogspot.com/index.html
10 Apr 11:20 am by Eric
... subsequently settled. According to Ronald Coleman: "This settles, for our clients S&L Vitamins, Inc., the Australian Gold case and the related appeal in the Designer Skin case. All money judgments ... can be converted. I'm amazed that these cases are still being brought. * North American Bushman, Inc. v. Saari, 2009 WL 211932 (M.D. Pa. Jan. 27, 2009) ... the FTC, some of its efforts may be preempted by 47 USC 230. * eBay v. Digital Point Solutions, 2009 WL 481269 (N.D. Cal. Feb. 24, 2009). eBay ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
28 Nov, 2007 12:39 am by Bill Heinze
... et al. v. Swisa, Inc., et al. and requesting the parties to file briefs that address the following questions: Should "point of novelty" be a test for infringement of design ... point of novelty? See Lawman Armor Corp. v. Winner Int'l, LLC, 449 F.3d 1190 (Fed. Cir. 2006). Should claim construction ... opportunity to return some sanity to design patent law," quips Professor Crouch with links to all of the supporting documents in the case. "Perhaps Egyptian Goddess will be remembered as the fairy godmother ...
I/P Updates - http://ip-updates.blogspot.com
12 Apr 1:03 pm by Eric
... tax collection purposes. I imagine every state in the country will jump on this bandwagon, at which point some e-tailers will kill their affiliate program and others will end ... Fair and Accurate Credit Transactions Act. Accord Smith v. Zazzle.com, Inc., 2008 U.S. Dist. LEXIS 101050. See generally this Proskauer recap ... Cyberlaw's maturity than the publication of Internet Law in a Nutshell? [Amazon Affiliates link] * Oddee: 12 Most Ridiculous Lawsuits. I welcome your nominations for the most ridiculous ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
22 Aug, 2007 6:00 am by Kimberly A. Kralowec
On July 5, 2007, a petition for review was filed in McAdams v. Monier, Inc., no. S154088. The petition challenges the Court of Appeal's reversal of a trial court order denying certification of UCL and CLRA claims in a non-disclosure case. McAdams v. Monier, Inc., 151 Cal.App.4th 667 (2007). My original blog post on McAdams ... , August 22, 2007, so we will have to wait until next week. Also, thanks to the reader who emailed me to point out that the link to the VeriSign amicus letter was broken. The ...
Tags: Court, Supreme, 64, Prop.
The UCL Practitioner - http://www.uclpractitioner.com/
7 Nov, 2008 8:52 am by Dave Wieneke
... four articles that Crookes alleged were defamatory. In Crookes v Wikimedia Foundation Inc., 2008 BCSC 1424, Justice Kelleher ruled that a simple link to a defamatory article this does not amount to republication. The defamation was contained ... is found here" and "here" is hyperlinked to the specific defamatory words, this might lead to a different conclusion." Linking is a footnote; it is a signpost pointing to a viewable object. I'm glad to see it supported as part of Canadian free speech. I'm ...
UsefulArts.us - http://usefularts.us
28 Apr 5:25 am by Lucas A. Ferrara, Esq.
... . v. Alphonso, when HSBC Mortgage Services Inc. filed suit to foreclose a mortgage, Point Holding Alpha, LLC claimed it had superior interest in the property because it recorded its ... the property. Several weeks later, on November 7, 2005, Alphonso sold the property to Point for only $20,000 and the latter recorded its deed on November 10, 2007. ... any payments of that debt. Which way do fingers point now? To download a copy of the Appellate Division's decision, please use this link: HSBC v. Alphonso
Real Estate Law Blog - http://www.nyrealestatelawblog.com/
13 Apr 12:31 am by Lisa Salazar
... Karp, co-founder & CEO of Publish2, Inc, recently published a blog on How Google Stole Control Over Content Distribution By Stealing Links. In the war between print and online ... point: Google's role is to not steal content but to promote links. Taking this point one step further, then, Twitter brings even more value to online search ... more likely than not, experts in their fields--vet and identify relevant links. FOR FREE. For instance, I would more rely on my friend @Glambert's recommendation to ...
3 Geeks and a Law Blog - http://geeklawblog.blogspot.com/
2 Jun, 2007 4:21 pm by Peter Black
... Decisions conference. He also signals continued disinterest in a potential sale of Time Inc. Read more here (from the Hollywood Reporter). Cyber-thieves were able to shift ... Oracle details new charges, alleges SAP's TomorrowNow copied materials to the point of repeating errors from originals. Read more here (from CNET News.com). The Web has ... word on Best Buy's plans. Read more here (from Mashable). ChoicePoint Inc. has agreed to implement more safeguards as part of a settlement with 43 states and ...
Freedom To Differ - http://www.freedomtodiffer.com/freedom_to_differ/
16 Jan, 2008 12:04 pm
... ; ones that really try to be helpful vs. others that seem to be primarily sales pitches. The point is that the plethora of legal marketing sites out there have been helpful in getting ... me for permission to use some of my stuff, and I have used hers. Links between marketing professionals has been fruitful in helping each other, I believe. 4 ... years of blogging. I guess I have nearly 600 entries - mostly marketing tips - at this point, and I feel really good about that. 5. Rob La Gatta: If you were ...
Real Lawyers :: Have Blogs - http://kevin.lexblog.com/
22 Apr, 2008 11:09 am by Eric
... . Patry summarizes the action. * Ticketmaster L.L.C. v. RMG Technologies, Inc., 2008 WL 649788 (C.D. Cal. March 10, 2008). Copyright misuse ... points out that some of the operative provisions track NAI's self-regulatory guidelines. More angst about deep packet inspection by IAPs. * Ewert v. eBay, Inc., ... busts Goal Financial for inadequate security practices. * The DOJ is busting people who click on a link that purportedly offered child porn, prosecuting them for attempted downloading of child porn. ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
23 Apr, 2008 2:40 pm
... law professors (partial list of presenters and attendees here). Here are some links to conference coverage from some of the law professors and bloggers we had the pleasure ... future of legal practice). * Professor Gordon Smith, at Conglomerate (summarizing conference consensus points; his more touristic take on D.C. appears here). * Professor Bill ... but extremely interesting, and related to the paper Professor Henderson presented). Cravath, Inc.: What If New York's Law Firms Went Public? [New York ...
Above the Law - http://www.abovethelaw.com/
7 Jul 6:06 pm by David Johnson
... 's browsing habits and causes "pop-up" ads to appear throughout the browsing session. Adware can open up links with websites that themselves contain malware that can infect a personal computer. Kaspersky's software disabled key features of Zango' ... not to say that there aren't a host of other problems with this statute. In his concurring opinion, Justice Fisher pointed out the problem caused by what he termed "the unbounded catchall phrase, "otherwise objectionable"" in the statute. The ambiguity ...
Digital Media Lawyer Blog - http://www.digitalmedialawyerblog.com/
9 Aug 10:17 pm
... Idaho, Illinois, Nebraska, New Mexico, Nevada, South Dakota and Texas that may be linked to the same strain of Salmonella. The U.S. Department of Agriculture's Food Safety and ... beef. California Department of Health, however, has announced that some of the meat was sold at Safeway Inc. and Sam's Club. So, why the silence from FSIS and Beef Packers ... California give the public a list in days but FSIS can not? More to the point, why can not Beef Packers Inc. (a.k.a. Cargill) give the same information?
Marler Blog - http://www.marlerblog.com/
29 Dec, 2008 11:59 am by Eric
... systematically interfering with user outlinks not for putatively legitimate reasons (such as to reduce the risks of drive-by downloads or the in-line linking of unwanted porn) but instead for questionable motivations, such as reducing its users' awareness of competitors or a personal ... by carriers, which in turn might eliminate a safety valve that the anti-net neutrality folks have pointed to as an alternative to regulation. Don't get me wrong, I'm very suspicious of net neutrality regulation, ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
14 Sep 6:41 pm
... Keene said. Question - where did lettuce come from? Interestingly, Tanimura & Antle, Inc. of Salinas, California expanded the geographic scope of its voluntary recall of bulk and wrapped ... been linked to the finding. Romaine lettuce included in the recall was harvested June 25 - July 2. Shelf life of the product typically is 14 n 16 days. At this point ... greens? Some examples: August 1993 - E. coli O157:H7 outbreak linked to a salad bar; 53 reported cases in Washington State July 1995 - Lettuce ...
Marler Blog - http://www.marlerblog.com/
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