Internet Cases
Internet Cases is a weblog written by attorneys, and tracks court decisions, legislative activity and policy discussions affecting the Internet. The blog’s entries focus on topics including intellectual property, new media, online commerce and privacy. The editor in chief is Evan Brown. Brian Beckham is a contributor to Internet Cases, and frequently covers matters dealing with trademarks, domain names, and online branding.
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Recent Articles
Verizon obtains damages, injunction against regsitrar under ACPA
[This is a guest post by contributor Brian Beckham] Plaintiff Verizon California, Inc. (Verizon) recently obtained a default judgment in the U.S. District Court for the Northern District of California, San Jose Division, in its favor against Defendant, the registrar OnlineNIC, Inc. (press release)....
Should ISPs get paid to respond to DMCA takedown notices?
CNET News is running a story about how Jerry Scroggin, the owner of Louisiana’s Bayou Internet and Communications, expects big media to pay him for complying with DMCA takedown notices. No doubt Scroggin gets a little PR boost for his maverick attitude, and CNET keeps its traffic up by...
What could the RIAA’s switch in strategy mean?
The Wall Street Journal and others are reporting that the Recording Industry Association of America is adjusting its strategy for combating the massive infringement occasioned by the sharing of music files over the internet. Since 2003, that strategy has been to pursue copyright infringement cases...
Disclaimer in trademark registration sinks UDRP action
Ideation Unlimited, Inc. v. Dan Myers, Case No. D2008-1441 (WIPO November 12, 2008). A trademark owner who notices that someone else has registered a domain name incorporating the owner’s mark can file an arbitration action under the Uniform Domain Name Dispute Resolution Policy (UDRP for...
Site operator successfully challenges subpoena which sought to unmask anonymous commenters
Enterline v. Pocono Medical Center, 2008 WL 5192386 (M.D. Pa. December 11, 2008) A federal court in Pennsylvania has denied a motion demanding that a website operator turn over the identity of persons who commented anonymously in response to an article posted on the website. The court held that the...
Cisco accused of violating open source licenses
Free Software Foundation, Inc. v. Cisco Systems, Inc., No. 08-10764 (S.D.N.Y., filed December 11, 2008). [Download the Complaint] The Free Software Foundation (”FSF”) has filed a copyright infringement suit against Cisco claiming that Cisco has violated the GPL v.2 and Lesser GPL...
What are the top 10 internet cases of 2008?
I’m working on gathering a list of the most important internet- and technology-related cases from the past year. There are many cases to choose from, and I’m trying to crowdsource the nomination process. I invite you to nominate the case or cases you think have been most significant by...
Is Twitter is a big fat copyright infringing turkey?
Here’s a topic you can mull over if conversation gets slow during tomorrow’s Thanksgiving dinner: Does Twitter infringe your copyright every time you post to it (i.e., put up a “tweet”)? Consider this: One of the exclusive rights of a copyright owner (under 17 U.S.C. 106)...
Court enforces forum selection clause in web hosting agreement
Bennett v. Hosting.com, Inc., 2008 WL 4951020 (N.D. Cal. November 18, 2008) Bennett filed an astounding 30-count complaint against defendant Hosting.com. Though the Managed Hosting Agreement designated Jefferson County, Kentucky to be the sole and exclusive venue for actions brought in connection...
Results of Internet searches helpful in earthworm trademark case
Cascade Mfg. Sales, Inc. v. Providnet Co. Trust, 2008 WL 4889716 (W.D. Wash. November 12, 2008) Cascade Manufacturing makes and sells composting bins in which earthworms “enhance and accelerate the composting process.” Cascade owns a federal trademark registration for WORM FACTORY. It...
