Tag Archives: defamation

Suing critics using copyright doesn’t work

Posted on August 25, 2017 by rtushnet

Hosseinzadeh v. Klein, No. 16-cv-03081 (S.D.N.Y. Aug. 23, 2017) Hosseinzadeh posts original video content on YouTube, playing a character known as “Bold Guy.” Ethan and Hila Klein criticized “Bold Guy vs. Parkour Girl,” in which the Bold Guy flirts with … Continue reading →

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taking customer list as conversion; false claims of official investigation as false advertising

Posted on August 18, 2017 by rtushnet

Yeti Enters. Inc. v. Tang, 2017 WL 3478484, No. 13-cv-01203 (D. Or. Aug. 14, 2017) This is a tangled story that illustrates how false advertising claims can arise from failed business agreements.  Plaintiff NPK sued Nicholas Jackson and Jessica Lilga … Continue reading →

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Yelp avoids liability for allegedly biased filter yet again

Posted on November 10, 2016 by rtushnet

Albert v. Yelp, Inc., 2016 WL 3910830, No. G051607, 44 Media L. Rep. 2357 (Cal. Ct. App. July 15, 2016) Albert, who operates a small law office, sued Yelp for various claims, and Yelp brought an anti-SLAPP motion.  Although she … Continue reading →

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Don’t sell a business and then keep running it

Posted on October 17, 2016 by rtushnet

Electrology Laboratory, Inc. v. Kunze, 169 F.Supp.3d 1119 (D. Colo. 2016) Larry Paul Kunze a/k/a Lorenzo Kunzel sold his family business, plaintiff ELI (d/b/a Rocky Mountain Laser College/RMLC), “but couldn’t give it up. So, as the evidence revealed, even while … Continue reading →

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Volunteer moderator plausibly alleged to be agent of ISP for 230 purposes

Posted on July 13, 2016 by rtushnet

Enigma Software Gp. USA LLC v. Bleeping Computer LLC, 16 CV 57 (S.D.N.Y. Jul. 8, 2016) Eric Goldman probably won’t like this decision holding that a volunteer moderator may be treated as the ISP’s agent when the ISP gives enough … Continue reading →

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Failure to show harm dooms many claims based on negative press release

Posted on January 6, 2016 by rtushnet

Synygy, Inc. v. ZS Associates, Inc., — F.Supp.3d —-, 2015 WL 5818510, No. 10-4274 (E.D. Pa. July 30, 2015)   Wow, this one’s been going on for a while.  Note that evidence of damages is key to the traditional, non-commercial-speech … Continue reading →

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is “this video has been removed for violating the ToS” commercial advertising?

Posted on December 7, 2015 by rtushnet

Darnaa, LLC v. Google, Inc., 2015 WL 7753406, No. 15-cv-03221 (N.D. Cal. Dec. 2, 2015)   Darnaa posted a music video, Cowgirl, to YouTube.  At one point, YouTube removed the video from its original location, later reposting it at a … Continue reading →

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Annotating competitor’s ad is fair use

Posted on October 26, 2015 by rtushnet

Miller UK Ltd. v. Caterpillar Inc., No. 10-cv-03770 (N.D. Ill. Oct. 21, 2015)   Miller sued Caterpillar for breach of a contractual restriction on the use of Miller’s confidential information, for trade secret misappropriation, and for fraudulent inducement. Caterpillar counterclaimed … Continue reading →

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Right of publicity workshop part 2

Posted on October 17, 2015 by rtushnet

How is the “right” to be reconciled with the First Amendment?     Could be part of the vast universe of communication that isn’t protected speech: Fred Schauer’s writing.  Contracts aren’t protected by 1A, etc.  Could just be market behavior. That … Continue reading →

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competition no longer required for Lanham Act “commercial advertising or promotion”

Posted on October 2, 2015 by rtushnet

Healthnow New York Inc. v. Catholic Health System, Inc., 2015 WL 5673123, No. 14–CV–986S (W.D.N.Y. Sept. 25, 2015)   Healthnow, aka Blue Cross and Blue Shield of Western New York (BCBS), sued Catholic Health for violations of the Lanham Act … Continue reading →

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