Category Archive: Websites

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/

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/

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/

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/

Like Verizon did last year on the same day, Google has announced that it is changing its company name to Topeka. From a trademark law perspective, Google is acutely aware that the public must be educated on proper use of its new mark, so as to lower the risk that TOPEKA might become generic and …

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Permanent link to this article: http://cobaltlaw.com/breaking-news-in-the-trademark-world-google-re-brands-to-topeka-posts-new-trademark-usage-guidelines/

Netflix, the web based DVD rental service, launched as contest in 2006 offering a 1 million dollar prize to team that develops a recommendation algorithm that is shown to be 10% better that Netflix’s current recommendation engine. To those in the programming community, the challenge has been compared to scaling Mount Everest. Has the summit …

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Permanent link to this article: http://cobaltlaw.com/the-netflix-algorithm-contest-a-winner-emerges/

St. Louis Cardinals manager Tony La Russa has sued Twitter, the popular micro-blogging service in San Francisco Superior Court alleging: Trademark Infringement, False Designation of Origin, Trademark Dilution, Cybersquatting, Misappropriation of Name, and Misappropriation of Likeness. In the Complaint, Mr. La Russa states the defendant owns the domain name twitter.com, and pursuant thereto, twitter.com/TonyLaRussa. Mr. …

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Permanent link to this article: http://cobaltlaw.com/theres-no-twittering-in-baseball-la-russa-v-twitter-inc/

As of last Saturday, Facebook users have been able to register personalized URLs of their choice for their Facebook home page (e.g., facebook.com/myusername). Approximately 5.75 million users signed up for their own URL over the weekend (also called “Vanity URLs”). These new usernames could potentially be anything, including someone else’s trademark. To help trademark owners …

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Permanent link to this article: http://cobaltlaw.com/new-facebook-policy-affects-trademark-owners-if-you-did-not-reserve-your-registered-trademarks-with-facebook-on-time-here-is-your-recourse/

Commentary: “What do I care about what some narcissistic idiot had for breakfast? Twitter is the dumbest thing I’ve seen on the Internet so far.” That’s the response I got from an attorney after I mentioned how much I rely on Twitter. His most recent exposure had been the friendly Twitter war between CNN host …

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Permanent link to this article: http://cobaltlaw.com/are-you-tweeting-congress-is/

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