Balough
December 13, 2013
You won’t be downloading supercross racing events live from supercrosslive.com any time soon. A federal court in Dallas has enjoined the website from providing an audio webcast link to motorcycle racing events sponsored by Live Nation Motor Sports, Inc., formerly known as SFX Motor Sports, Inc. The court found that the link violates the U.S. […]
Balough
December 13, 2013
A development agreement drafted without lawyers did not create a fiduciary duty to prevent one of the “partners” from developing a competing computer touch screen, the Seventh Circuit found. Autotech Technology Limited Partnership and Automationdirect.com (ADC) entered into a contract for joint development and sale of a new touch screen to be called EZTouch. The […]
Balough
December 13, 2013
An attorney can sue an insurance adjustor for libel when the adjustor said that the attorney “just takes people’s money” and that his clients receive less than what the insurance company offered. The court reasoned that the statements were more than mere opinion. The Virginia Supreme Court reversed the trial court that had thrown out the […]
Balough
December 13, 2013
A person who republishes potentially libelous statements of another on the Internet is immune from being sued, the California Supreme Court has ruled. Under the Communications Decency Act of 1996 (CDA) Section 230, the court found that any Internet user who posts an article from another is protected from being sued unless the party injured […]
Balough
December 13, 2013
Craigslist is not liable for publishing housing rentals and sales advertisements that contain discriminatory statements based on race, color, national origin, sex, religion and family status that would otherwise be prohibited by federal law, a federal district court ruled. According to the complaint, Craigslist publishes on its website housing advertisements that are composed and posted […]
Balough
December 13, 2013
Free open-source software covered by a General Public License (GPL) does not violate the U.S. antitrust laws, the Seventh Circuit has confirmed. Daniel Wallace filed an antitrust action contending that the GPL violates the antitrust laws. The GPL prohibits the creator, or anyone who makes revisions to certain software, from charging for the work. The […]
Balough
December 13, 2013
A flyer in a judicial race “full of disparagement and innuendo unbefitting a campaign for judicial office” cannot support a claim for libel or tortuous interference with a prospective economic advantage, an Illinois appellate court found. The flyer was distributed by the Illinois Coalition for Jobs, Growth and Prosperity and was mailed to voters in […]
Balough
December 13, 2013
The popularity of YouTube has increased visits to utube.com-and according to the owner of the domain name-that is a big problem. Universal Tube and Rollform Equipment has filed a trademark infringement case against the popular video download website. Universal Tube uses the domain name utube.com for its customers who want to buy used tube and […]
Balough
December 13, 2013
Prohibiting nude and seminude dancing in establishments that serve alcoholic beverages does not violate the dancer’s First Amendment rights of expression, the Illinois Supreme Court said. The court upheld the validity of a City of Chicago ordinance that bans nude and semi-nude dancing in licensed establishments selling liquor by the drink. If dancers want to […]
Balough
December 13, 2013
Google’s sale of trademarks as keywords is not a “use” under the law to support a claim for infringement, a New York federal district court found. Rescuecom Corp. sued Google under the Lanham Act for trademark infringement, false designation, and dilution of its trademark. The court granted Google’s motion to dismiss. Rescuecom alleged that Google’s […]
