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9 Mar 2012, 11:59 am
by Paul Alan Levy In a narrow but still important victory for free speech, Chief Magistrate Judge Maria-Elena James of the United States District Court for the Northern District of California has rejected once again the motion of presidential candidate Ron Paul for leave to pursue discovery compelling Google and Twitter to identify the anonymous user or users who created and publicized a YouTube video that trashed then-candidate Jon Huntsman while urging viewers to vote for Paul. [read post]
29 Dec 2009, 2:50 pm
by Paul Alan LevyAnother example of trademark law getting too big for its britches is provided by a lawsuit by Major League Soccer and “Soccer United Marketing”, MLS’s affiliated marketing arm. [read post]
4 Mar 2010, 3:46 pm
by Paul Alan Levy I have blogged before about a suit brought by "Vision Media Television," against the consumer-complaint website 800Notes.com, for allowing the posting of messages that criticize Vision Media's misleading telemarketing claims. [read post]
26 Jun 2008, 7:51 pm
by Paul Alan Levy In a recent series of demands, a purveyor of "nutraceuticals" called mynutritionstore.com threatened to sue Julia Forte over consumer criticisms appearing on her web site 800notes.com, a forum for identification and discussion of telemarketers based on their phone numbers. [read post]
16 Apr 2009, 12:29 pm
by Paul Alan LevyThe New York Times has a story today about a video prank and its consequences for Domino's. [read post]
21 Apr 2010, 5:05 pm
by Paul Alan LevyI have posted recently the efforts of Vision Media TV Group to use litigation to suppress critical speech on 800Notes, an online online message board devoted to comments about unwanted marketing calls. [read post]
10 Nov 2011, 8:01 pm
by Paul Alan Levy Late last summer I described on this blog a disturbing decision by a federal magistrate judge that disregarded the consensus rule by which courts across the country have balanced the rights of plaintiffs claiming to have been wronged against the First Amendment right to speak anonymously in deciding whether to enforce subpoenas seeking identifying information. [read post]
16 Feb 2011, 12:43 pm
by Paul Alan Levy A company called “Javelin Marketing,” which in turn operates a business called “Prospect Match” that generates and sells insurance leads, recently tried to suppress criticism of its business practices on several pages of Insurance Forums web site by threatening to sue the host of the forum. [read post]
17 Oct 2010, 10:43 pm
By Alan M. [read post]
20 Jul 2010, 11:30 am
by Paul Alan Levy The lawsuit filed by Florida TV production company Vision Media TV group against Julia Forte has been dismissed. [read post]
8 May 2009, 7:01 pm
by Paul Alan Levy We've previously blogged here about the important role that Section 230 of the Communications Decency Act plays in protecting consumer commentary on the Internet. [read post]
21 Jan 2010, 1:26 pm
by Paul Alan LevyIn several posts on this blog, Greg Beck and I have written about the crucial role played by section 230 of the Communications Decency Act in fostering free speech online — and consumer commentary and criticism in particular — by protecting Internet Service Providers against liability for content posted by their users. [read post]
6 Jan 2011, 1:03 pm
by Paul Alan Levy In a ruling yesterday, the Pennsylvania Superior Court has embraced the majority standard applied by state and federal courts across the country to decide whether a plaintiff in a defamation or other lawsuit should be able to identify the anonymous authors of speech over which the plaintiff wants to sue. [read post]
20 Jan 2010, 10:28 am
Authored by: Alan Middleton In an important decision, on December 24, 2009, the Washington Supreme Court held that claims under the Washington Condominium Act (WCA) are subject to arbitration despite provisions in the Act requiring judicial resolution of claims where condominium owners agree to arbitrate disputes in their purchase and sale agreements. [read post]
30 Mar 2011, 12:21 pm
by Paul Alan Levy I have discussed in the past our efforts in the Fourth Circuit to force both Rosetta Stone and Google to open up the factual discussions in their briefs about whether Google’s keyword advertising practices run afoul of the trademark laws, as well as the supporting evidence they supplied in the Joint Appendix. [read post]
24 Sep 2008, 7:12 pm
by Paul Alan Levy Twelve days ago, I posted comments here about a Jones Day lawsuit claiming that its trademark is infringed and diluted by mention of its name in headlines of articles on the BlockShopper web site, www.blockshopper.com, and by links to the Jones Day web site. [read post]
20 Feb 2009, 2:38 pm
by Paul Alan Levy Late last week, lawyers for Jones Day filed a stipulation of dismissal of its trademark claims against the real-estate website Blockshopper. [read post]
14 Sep 2010, 11:41 am
by Paul Alan LevyFor several years, Dominic Morgan and the principals of the Nevyas Eye Clinic have been jousting over Morgan’s contention that, by performing inappropriate lasik surgery on him in 1998, and overlooking indications that he was not a good candidate for such surgery, the Nevyases are responsible for making him legally blind. [read post]
10 Dec 2010, 9:10 am
By Alan M. [read post]
30 Nov 2010, 8:06 am
by Paul Alan Levy Last month, I discussed the appellate brief filed by Rosetta Stone in its appeal from a trial court’s dismissal of its trademark lawsuit over Google’s practice of allowing advertisers to pay for ads directed to Google users who express an interest in trademarked terms. [read post]
