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In Law Archive


Bratz Doll Can Compete With Barbie

 Bratz doll trial court erred in giving Mattel constructive trust.

Toyota Cannot Prevent Use of Lexus In Auto Brokers' Domain Names

Toyota’s attempt to prevent two auto brokers from using “Lexus” as part of their domain name has come to a screeching halt at the Ninth Circuit Court of Appeals.  The court ruled that an injunction against the auto brokers was too broad because it prohibited the brokers from using the term “Lexus” in its domain name when in fact the auto broker solicited bids and arranged for customers to buy Lexus cars from authorized dealers.

 

Using Nonsensical Domain Names Is Not Spam

 Using multiple nonsensical domain names for commercial email advertisements to by-pass spam filters does not violate California’s anti-spam statutes as long as the domain names actually exist. The California Supreme Court found that since the domain names “actually exist and are technically accurate, literally correct, and fully traceable to Vonage’s marketing agents” exempts their use from the state’s anti-spam act.

 

 

 

 

Specific Knowledge of Infringing Videos Necessary For Action Against YouTube

 

Google’s YouTube is not liable for direct or indirect copyright infringement unless it fails to take down the offending video after proper notice, a New York District Court found. The court found that YouTube is protected from copyright infringement claims under the safe harbor provisions of the Digital Millennium Copyright Act (DMCA) because Google has no obligation to seek out or search for infringing videos on its site.

 

Auditing Texts on City-Issued Pager Does Not Violate Fourth Amendment

 A police officer who used a city-issued pager to send private, sometimes sexually-explicit, text messages, has no right of privacy in the messages’ content, according to the Supreme Court.  However, the Court’s opinion stopped short of making a general pronouncement as to what privacy rights may exist before the role of electronic communications in society becomes clear.

 

Facebook, MySpace Emails Are Private

 

 

Your Facebook and MySpace emails and comments are private and cannot be subpoenaed, a U.S. District Court in California found, a news article by Balough Law Offices, LLC

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Emails Are No Different Than Postcards So Read Freely

 

Email messages are like postcards that anyone can readily read, so there is no expectation of privacy when you send an email using the office computer—at least in New York.

 

Judge Sues for Website Violating Privacy Policy

 

An Ohio state judge and her daughter have sued various entities for breach of contract for revealing confidential registration information that was given when an account was set up on Cleveland.com to comment on legal issues.  Article by Balough Law Offices, LLC

 

Internet Search by Judge to Confirm Hunch Is OK

 

It’s not error for a federal judge to use Google to confirm his hunch that there are different types of yellow rain hats when conducting a revocation of supervised release hearing.

 

A judge said he did a Google search and found yellow rain hats like the defendant wore.

Korean War Memorial Stamp Infringed Copyright

March 2, 2010The federal government infringed on the copyright of the person who designed the Korean War Memorial in Washington, D.C., when the postal service issued a stamp showing the memorial’s soldiers on a snowy day. Frank Gaylord, who designed

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