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28 Nov 2016, 2:15 am by NCC Staff
President Ford has asked Attorney General Edward Levi for a list of prospective candidates. [read post]
27 Jun 2009, 11:13 am
Paul Alan Levy, the internet lawyer with Public Citizen who is no stranger to attacking judges with words and imploring his netizen constituency to online action against his adversaries, was the apparent "go to" guy to put this alleged misconduct in perspective. [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]
25 Jul 2011, 9:00 am by Paul Levy
by Paul Alan Levy   Very nice article in the Times by the Haggler, reminding us of the story of Ralph Nader's suit against Allegheny Airlines, and concluding with a pitch for the use of small claims court as a remedy for consumer abuses.  [read post]
19 Nov 2008, 8:14 pm
by Paul Alan Levy A few weeks ago, I commented on the efforts of mega law firm Jones Day to abuse trademark law to suppress articles it didn't like on a real estate transactions web site, BlockShopper.com. [read post]
18 Mar 2010, 11:54 am by Paul Levy
by Paul Alan Levy The parties to litigation often abuse the process of demanding that court documents be kept under seal to protect confidential information, using the claim of a need for confidentiality for the ulterior objective of preventing the disclosure of facts that are just publicly embarrassing because they contradict the litigant's public relations positions.  [read post]
22 Jul 2011, 1:36 pm by Paul Levy
by Paul Alan Levy Jay McQuaide, the Vice-President of Corporate Communications for Massachusetts Blue Cross Blue Shield, recently sent a stiff complaint to local doctors who published a study in the Annals of Emergency Medicine reporting how doctors on its mental health panel responded (or, more specifically, failed to respond) to calls from patients needing immediate appointments for treatment of depression.  [read post]
11 Jul 2008, 6:01 pm
by Paul Alan Levy I am pleased to report that the Intellectual Property Section of the American Bar Association has dropped its efforts, decried a few months ago on this blog as well as here and here, to adopt resolutions condemning court decisions holding that keyword advertising using trademarks does not raise trademark concerns because it does not constitute a "use in commerce. [read post]
25 Jan 2012, 11:56 am by Paul Levy
by Paul Alan Levy I have blogged in the past about the depredations of Evan Stone, a Texas lawyer who has made a business out of suing alleged downloaders of adult movies and shaking them down for settlements because, as he told the Texas Lawyer, “You have people that might be OK purchasing music off iTunes but they’re not OK letting their wife know that they are purchasing pornography.”  [read post]
17 Nov 2010, 2:19 pm by Paul Levy
by Paul Alan Levy The blogosphere has been reverbrating today with news of the settlement of Dow Jones’ lawsuit against Briefing.com, which features an admission by the defendant  of liability for copyright infringement and DMCA violations, as well as “common law misappropriation of certain ‘hot news’ including the news headlines listed in Exhibit D of the Complaint.”   [read post]
17 Nov 2011, 11:05 am by Paul Levy
by Paul Alan Levy I reported last spring that Mordechai Tendler, having lost his effort to identify four anonymous bloggers so that he could sue for defamation over their comments on reports that he had abused his religious authority to have sexual relations with congregants, had issued new subpoenas seeking to identify them.  [read post]
10 Aug 2010, 4:22 pm by Paul Levy
by Paul Alan Levy  Today President Obama signed the libel tourism bill, HR 2765, that protects against enforcement within the United States of defamation judgments obtained abroad that are inconsistent with the protections of the First Amendment, 28 USC § 1402(a) and with the limits imposed on personal jurisdiction by the Due Process Clause.  28 USC § 1402(b).  [read post]
12 Jun 2012, 2:21 pm by Paul Levy
by Paul Alan Levy Last month I described a motion filed to quash a subpoena sent to Facebook, seeking to identify an anonymous union member who set up a Facebook parody page (included as pages 25-27 of the document that is linked here) that made fun of the leader of the Boilermakers Union for having inherited his office from his father, put relatives on the payroll, and drawn an unusually large salary as well as other compensation from the union.The union leader’s immediate… [read post]
20 May 2010, 12:02 pm by Paul Levy
by Paul Alan Levy Over the years, we at Public Citizen have been hostile to the doctrine of dilution, and especially dilution by tarnishment, because it distorts trademark law from its legitimate function — protecting consumers from dishonest marketing techniques that try to pass off goods and services as those of another, rather than the more trusted source that the name suggests to them.  [read post]
7 Mar 2011, 12:43 pm by Paul Levy
by Paul Alan Levy Usha Rajagopal, a San Francisco cosmetic surgeon, has tried to use cosmetic surgery of a legal sort to improve the appearance of her online reviews.  [read post]
18 Apr 2011, 2:33 pm by Paul Levy
by Paul Alan Levy After Rocky Mountain Bank obtained a TRO closing the gmail account of a Google customer to which Rocky Mountain had mistakenly sent bank records of many of its customers, a federal district judge in San Jose decided not to allow public access to the report that Google made to the court in compliance with the TRO.  [read post]
30 Jul 2011, 10:37 am by Paul Levy
by Paul Alan Levy In early June, I described a recent decision by a United States Magistrate Judge in Colorado who had been persuaded to adopt a weaker than normal standard to decide whether anonymous Internet posters should be identified when a plaintiff seeks to sue them becauce their speech allegedly violates the plaintiff’s rights.  [read post]
28 Oct 2010, 3:58 pm by Paul Levy
by Paul Alan Levy David Kravets  at Wired has published a story about one of the aspects of the recent spate of lawsuits filed by copyright troll Righthaven over the posting of snippets from articles in the Las Vegas Review-Journal.  [read post]
15 Mar 2010, 5:28 pm by Paul Levy
by Paul Alan Levy Citizens United, fresh from its Supreme Court victory giving corporations the right to bankroll election campaigns, has sent a trademark demand letter to the Wisconsin Democracy Campaign, complaining that a Facebook page entitled "Citizens United Against Citizens United" infringes its trademark.  [read post]
22 Feb 2011, 12:44 pm by Paul Levy
by Paul Alan Levy Late last year, I discussed a Florida trial court ruling holding that although section 230 forbade a lawsuit directly against XCentric Ventures, the operator of Ripoff Report, for allowing a user to post statements about the plaintiff, XCentric could be enjoined from continuing to host the statements once the author had been enjoined and XCentric refused to honor the author's request that XCentric comply with the injunction.  [read post]