by Gary Nissenbaum | Sep 19, 2012 | Internet Law Blog
Should a defendant, who uses the Internet to market and sell nationally, be able to restrict jurisdiction with the use of a forum selection clause (“FSC”)? On the other hand, should a plaintiff be able to drag an online company, that provides...
by Gary Nissenbaum | Aug 14, 2012 | Internet Law Blog
According to a pending California lawsuit, the American Broadcasting Companies (“ABC”) published an allegedly false depiction of Colorado resident David Williams’ (“Williams”) online relationship with former lover Kelley Cahill (“Kelley”) on its news show...
by Gary Nissenbaum | Aug 14, 2012 | Internet Law Blog
Is the look and feel of the Tetris video game distinguishable from the ideas of the game and therefore protectable? In Tetris Holding, LLC v. XIO Interactive, Inc., No. 09-6115 (D.N.J. May 30, 2012), the United States District Court for the District of New Jersey...
by Gary Nissenbaum | Jul 25, 2012 | Internet Law Blog
The Eastern District of Missouri recently denied a tattoo artist’s request for a preliminary injunction against Warner Brothers’ release of the Hangover II. Whitmill v. Warner Bros. Entertainment Inc., 11-cv-00752 (E.D. Mo. April 28, 2011).In that case, artist...
by Gary Nissenbaum | Jul 25, 2012 | Internet Law Blog
In W.J.A. v. D.A., No. A-77-10 (May 16, 2012), the New Jersey Supreme Court addressed the question of whether the doctrine of presumed damages applies over the Internet.That case surrounds Wayne Anderson (“Wayne”), a New Jersey man who was cleared of sexual abuse...
by Gary Nissenbaum | Jul 25, 2012 | Internet Law Blog
Businesses have long been able to protect their list of customers as a trade secret, keeping the information out of the hands of competitors. But should the list of customers in a business’ Twitter account be granted the same confidential protection?The United States...