Category Archive: Internet

The California legislature has been busy, some might say spending California tax dollars on frivolous new laws that are muddied with ambiguity, unnecessarily over-burdensome, potentially violative of the First Amendment, and not likely to amount to significant consumer protection. Two new privacy laws, scheduled to take effect in 2014 and 2015 are likely to pose challenges for website owners, and – for at least one — face challenges in the courts.

Permanent link to this article: http://cobaltlaw.com/has-the-privacy-world-gone-crazy-or-is-california-just-the-land-of-nuts-and-flakes-two-new-privacy-laws-test-the-legal-framework-and-patience-of-californians/

Last week, Abercrombie & Fitch CEO Mike Jeffries admitted he didn’t make A&F clothes in larger sizes. His reasoning: beautiful – read thin – people attract other beautiful people to wear A&F’s clothing; and unattractive – read fat – people detract from his stores. Then came the immediate firestorm of fury on social media sites …

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Permanent link to this article: http://cobaltlaw.com/trademarks-and-social-media-what-we-can-all-learn-about-branding-from-abercrombie-fitch-and-amys-baking-company/

After filing over 275 lawsuits in almost 18 months, it seems as though Righthaven, LLC (“Righthaven”) may have run out of steam. Righthaven, a Nevada holding company, was founded in early 2010, for the sole purpose of filing copyright lawsuits on behalf of its clients, news content owners (such as Stephens Media).  Its methods involved …

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Permanent link to this article: http://cobaltlaw.com/the-end-of-righthaven-lessons-from-a-serial-copyright-plaintiff/

Last March, ICANN voted to approve .XXX as a new Sponsored Top Level Domain (sTLD) for the adult industry. The registry responsible for operating and managing the new sTLD is ICM Registry. During the Sunrise Period (known as “Sunrise B”), which will be open from September 7 to October 28, 2011, owners of registered marks …

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Permanent link to this article: http://cobaltlaw.com/sunrise-period-for-xxx-domains-starts-tomorrow-your-one-chance-to-block-others-from-registring-yourmark-xxx/

In a decision handed down by the Court of Justice of the European Union on July 12, 2011, eBay has been found to be potentially jointly liable for trademark infringement along with individuals selling infringing goods on the eBay auction site because it had prior knowledge of the infringement.  Paris-based cosmetics company L’Oréal brought the …

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Permanent link to this article: http://cobaltlaw.com/loreal-v-ebay-inc-european-courts-differ-from-u-s-courts-when-it-comes-to-website-liability-for-trademark-infringement-by-users-of-the-site/

The California State Senate votes today on the passage of SB761, introduced by State Senator Alan Lowenthal (D-Long Beach), that would require the state attorney general to adopt regulations allowing users to opt-out of programs that track online information and identifying user behavior on computers, smartphones, tablet computers, and any other device that accesses the …

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Permanent link to this article: http://cobaltlaw.com/will-californias-do-not-track-bill-result-in-a-fee-based-internet/

Kenneth M. Stern v. Does, et al., C.D.Ca., No. CV 09-01986 DMG (April, 2011) A single sentence sent to a list serve formed the basis of the copyright infringement action in this case. Specifically, an attorney sent a single sentence seeking information regarding a certified public accounting firm which he suspected had over-billed his client. …

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Permanent link to this article: http://cobaltlaw.com/copyrightability/

Agence France Presse v. Morel, (Jan. 14, 2011, S.D.N.Y.) Agence France Press, Turner Broadcasting/CNN, ABC, Getty Images and CBS are suing Daniel Morel after Morel claimed that the news sites stole his images from Twitter immediately after the Haiti earthquake. Twitter’s terms of service granted a license to use content only to Twitter and its …

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Permanent link to this article: http://cobaltlaw.com/cryptic-notation-amounts-to-copyright-management-information-cmi-under-the-dmca/

https://wiki.mozzilla.org/Drumbeat/Attribution_generator. Mozilla (noting that people who want to do the right thing and give attribution should be able to easily) has launched “OPEN ATTRIBUTE” which is a free and easy suite of tools that makes giving attribution easy and fast. It is only available for Creative Commons’ licensed content, but it’s so deliciously easy and …

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Permanent link to this article: http://cobaltlaw.com/no-moral-right-of-attribution-in-the-united-states-but-u-s-grass-roots-attribution-grows-easier/

Hard to believe that the last California statute prohibiting impersonation dates back to 1872. SB 1411, a bill passed last June, updates the law and makes malicious “e-personation” a misdemeanor punishable by up to a $1,000 fine and a year in county jail. It is codified at Penal Code Section 528.5. More specifically, the new …

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Permanent link to this article: http://cobaltlaw.com/new-ca-law-making-online-impersonation-a-misdemeanor-comes-into-effect-january-1/

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