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14 May 8:47 am by admin
... would then scrape the user's content from Facebook, allegedly along with some of Facebook's content, and redisplay it on Power Ventures' site. Our last discussion of the order addressed the difference between copyright infringement and a claim for copyright ... If this was indeed the holding there are some clarifications in order. The Court cited Chamberlien Group, Inc. v. Skylink Techs, Inc. for the prima facia test for a DMCA violation: The elements necessary to state a claim under the DMCA are ...
Ex©lusive Rights - http://www.exclusiverights.net
17 May 8:41 am by admin
... would then scrape the user's content from Facebook, allegedly along with some of Facebook's content, and redisplay it on Power Ventures' site. Our last discussion of the order addressed the difference between copyright infringement and a claim for copyright ... If this was indeed the holding there are some clarifications in order. The Court cited Chamberlien Group, Inc. v. Skylink Techs, Inc. for the prima facia test for a DMCA violation: The elements necessary to state a claim under the DMCA are ...
Ex©lusive Rights - http://www.exclusiverights.net
14 May 6:00 am by admin
Facebook, Inc. v. Power Ventures, Inc., 2009 WL 1299698 (N.D. Cal. 2009) The Northern District Court of California issued an order on Monday that, truth be told, has left me befuddled. I previously discussed this case ... its copyright suit through its copyright registration, which the complaint lists as titled "Facebook Homepage." It would likely behoove Power Ventures to obtain a copy of the registration filing to see exactly what Facebook is claiming. 17 U.S.C. 411 states ...
Ex©lusive Rights - http://www.exclusiverights.net
27 May 6:17 pm by David Johnson
... December 2008, shortly after the site premiered, Power.com was sued by Facebook. (Facebook, Inc. v. Power Ventures, Inc., et al., U.S.D.C., ... measure designed to protect the copyrighted material. See Chamberlain Group, Inc. v. Skylink Techs, Inc. 382 F.3d 1178, 2103 (Fed. Cir. 2003). ... had alleged that "Facebook implemented technological measures to block access to the Facebook site by Power.com" and that "Defendants' deliberately circumvented Facebook's technological security features . . ." These ...
Digital Media Lawyer Blog - http://www.digitalmedialawyerblog.com/
28 Apr 6:39 am
... regulatory possibility is the creation of idealized private investors. The effect, of course, is to substantially circumscribe the power of States as states. Yet private individuals and large multinational corporations may ... Mobil Corp., ATT &T, Chevron Corp., Pfizer, Inc., Wal Mart Stores, Inc. and Annheuser-Busch. Id. The Norwegian Fund excludes, among ... layered fund investments controlled by Bernie Madoff is a case in point. See Repex Ventures, S.A. v. Bernard L. Madoff, Civ. Action No.: 09-cv ...
Law at the End of the Day - http://lcbackerblog.blogspot.com
16 Jul 8:21 pm by Susan Brenner
... documents they found to determine whether those documents were subject to seizure, the plain view analysis with regard to the power-point presentation . . . turns on whether its incriminating character was apparent on its face. Here, agents had probable cause to ... telecommunications ventures. According to Agent Horner, the E-Star power-point presentation, which detailed a telecommunications venture, closely resembled similar presentations involving iGate, Inc. that had been provided to the FBI by ...
CYB3RCRIM3 - http://cyb3rcrim3.blogspot.com
6 Jun, 2008 12:52 am by Sheppard Mullin
... 's history, nature and effect, and whether the businesses have market power. Some restraints, however, are so plainly anticompetitive, have such predictable and ... reason because joint ventures hold the promise of increasing a firm's efficiency and enabling it to compete more effectively. See Texaco Inc. v. Dagher, 547 ... shared the risks of loss as well as the opportunities for profit. The competitors may have set the venture's pricing in a literal sense, but did not in an antitrust sense. Likewise ...
Tags: Article
Antitrust Law Blog - http://www.antitrustlawblog.com/
9 Jun, 2008 6:52 pm
... 's history, nature and effect, and whether the businesses have market power. Some restraints, however, are so plainly anticompetitive, have such predictable and ... reason because joint ventures hold the promise of increasing a firm's efficiency and enabling it to compete more effectively. See Texaco Inc. v. Dagher, 547 ... shared the risks of loss as well as the opportunities for profit. The competitors may have set the venture's pricing in a literal sense, but did not in an antitrust sense. Likewise ...
Tags: Article
Antitrust Law Blog - http://www.antitrustlawblog.com/
... with the provisions of the Bankruptcy Code. The Mobile Steel test was formally adopted by the Eleventh Circuit. In re N & D Properties, Inc., 799 F.2d 726, 731 (11th Cir.1986). The test does not require that the claimant's misconduct rise to the level of an intentional tort. The power of equitable subordination may, in appropriate circumstances, be used to subordinate even the claim of a secured creditor. See 124 Cong. Rec. H. 11,095 (Sept. ...
Miami Florida Bankruptcy Law - http://jbublick.blogspot.com/
31 Jul, 2008 3:50 pm by Ed Sim
... &A. The Jordan, Edmiston Group, Inc. (JEGI) solicited a handful of key VC executives for their responses to the following questions: 1. What are the key market forces you believe will impact your venture activities through 2010? 2. How ... layer to the apps and services that touch the end-user. This includes investments in companies like Greenplum, which is powering the back-end data warehousing for a number of high profile Internet companies for targeted advertising; and Peer39, which provides ...
Tags: Capital, Venture
BeyondVC - http://www.beyondvc.com/
9 Apr 5:15 pm by Rebecca Tushnet
Innovation Ventures, LLC v. Body Dynamics, Inc., 2009 WL 877640 (E.D. Mich.) The court adopted the magistrate's report and recommendation, which was as follows: Plaintiff does business as Living Essentials; the parties sell dietary ... such as "7 Hour Energy Boost," "6 Hour Energy!," "Extreme Energy Six Hour Shot," and "6 Hour Power," making Living Essentials' secondary meaning claim less persuasive. After the injunction issued, Living Essentials issued a press release and ...
43(B)log - http://tushnet.blogspot.com/index.html
9 Jun 11:35 am by Eric
... Write Can Get You Sued * j2 Global Communications v. Zilker Ventures, CV 08-07470 SJO (AJWx) (C.D. Cal. April 22 ... case because the plaintiff established its prima facie case. * Biggs Cardosa Associates Inc. v. Bradbury, 2009 WL 1508703 (Cal. App. Ct. May 29 ... s (aka ":D") motion to dismiss for lack of jurisdiction. * Facebook v. Power Ventures, Inc., 2009 WL 1299698 (N.D. Cal. May 11, 2009 ... s more troubling ruling about 47 USC 230. * Riggs v. MySpace, Inc., 2009 WL 1203365 (W.D. Pa. May 1, 2009). Venue ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
1 Jun 5:21 am by Jim Singer
The use of an automated system to obtain personal data about Facebook members not only violates Facebook's terms of use; it also may constitute copyright infringement, according to a recent decision from the US District Court for the Northern District of California. In Facebook, Inc. v. Power Ventures, Inc. (N.D. Cal. 5/11/09), the defendant operated Power.com, a [...]
IP Spotlight - http://ipspotlight.com
12 Jun 2:56 pm
Case: Facebook v. Power Ventures, Inc., N.D. Calif. Case No. C08-5780 JF (May 11, 2009) The One Sentence Summary: A complaint alleging copyright infringement and other claims against a service ... " content from Facebook pages was sufficient to survive a motion to dismiss. What They Were Fighting About: Facebook sued defendants ("Power.com") for operating an internet site that collected user information from Facebook's website. Facebook alleged violation of the Controlling ...
IP Law Observer - http://www.iplawobserver.com
17 Nov, 2008 3:18 am
... claim arose out of a fatal electrocution in the course of employment. State Compensation Fund issued insurance to Power Fabricating Inc., which afforded coverage for workers' compensation and ELI coverage. State Fund paid workers' compensation ... coverage only applied to injury arising out of or in the course of employment by the insured. To the extent the joint venture, as an entity distinct from either Power or PTSI, employed the deceased, the ELI coverage would not apply in the first instance. ...
National Insurance Law Forum - http://www.insurancelawforum.com/
23 Nov, 2007 9:00 am
... answer to SecondLife (HiPiHi): (China Hearsay), Danone obtains court ordered freeze of Wahaha assets in ongoing joint venture dispute: (China Hearsay), The China Model - flaws and perceptions: (The American), (China Law Blog), Canada 13 reasons why ... over contact lenses: (IPLaw360), CAFC upholds ITC finding that Taiwan's System General Corp. infringed Power Integrations Inc.'s patents for integrated circuits: (IPLaw360), Prince in settlement talks with fan websites over copyright claims: (Copyfight ...
IP Thinktank - http://duncanbucknell.com/blog
5 Jun 6:00 am by admin
... its alleged infringement on February 19, 2008. Why is this paragraph particularly notable? As we encountered in Facebook v. Power Ventures, the primary situation where a court risks running into a mudstorm by allowing a case to proceed after a ... claim, there is no way for the litigants or the tribunal to be sure of the boundaries of the suit. So back to Tri-Marketing, Inc v. Mainstream Marketing Services: The Plaintiff claimed infringement of a website, the type of work that may cause trouble if ...
Ex©lusive Rights - http://www.exclusiverights.net
18 Jan, 2008 3:01 am
... et al filed 06/07/07 1:07-cv-03248 Goss International Americas, Inc. v. A-American Machine & Assembly Co. filed 06/08/07 1:07-cv ... 10/23/07 1:07-cv-04613 Broadcast Music, Inc. et al v. MSS Ventures, Inc. et al filed 08/15/07 1:07-cv- ... -cv-06058 Cobra Fixations Cie Ltee-Cobra Anchors Co. Ltd. v. Powers Fasteners, Inc. et al filed 10/26/07 1:07-cv-06128 Crowe ... 1:07-cv-06752 Compliance Software Solutions, Corporation v. Moda Technology Partners, Inc. et al filed 11/30/07 1:07-cv-06843 Gottlieb et ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
3 Nov 2:05 pm
... off Imation. The agreement, which granted license to subsidiaries, continued. In 2003, Imation formed a joint venture that created GDM. In 2006, Imation acquired Memorex. In 2007, Imation filed a declaratory judgment action seeking ... F.3d 1265, 1269 (Fed. Cir. 2006); see also Power Lift, Inc. v. Weatherford Nipple-Up Sys., Inc., 871 F.2d 1082, 1085 (Fed. Cir. 1989) ... as to give effect to its general purpose.'" Id. (quoting Westmoreland Coal Co. v. Entech, Inc., 100 N.Y.2d 352, 358, 763 N.Y.S.2d 525, ...
Patent Prospector - http://www.patenthawk.com/blog/
11 Aug 6:00 am by admin
... of Amici Curiae Entertainment Merchants Association and National Association of Recording Merchandisers in Support of Petitioner Brief for EBay Inc. as Amicus Curiae in Support of Petitioner Brief Amicus Curiae Retail Industry Leaders Association, National Association of Chain Drug Stores, Amazon.com, Gamestop Corp., Movie Gallery, Inc., Quality King Distributors, Inc., Target Corporation,in Support of Petitioners Brief for Respondent in Opposition (Omega) Reply Brief for ...
Ex©lusive Rights - http://www.exclusiverights.net
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