by Gary Nissenbaum | May 9, 2024 | Internet Law Blog
To state a claim for unjust enrichment in New York, a plaintiff must establish that a) the defendant benefitted; b) the defendant benefited at the plaintiff’s expense; and c) that equity and good conscience require restitution. Tasini v. AOL Inc., 851 F.Supp.2d 734,...
by Gary Nissenbaum | May 9, 2024 | Internet Law Blog
Many Americans are able to go online, enter their address into Google and zoom-in on the ensuing map so closely that they can see an image of their own home. This obviously raises invasion of privacy concerns. In 2010, that question was proposed to the United States...
by Gary Nissenbaum | Aug 4, 2016 | Internet Law Blog
Recently, there has been a virtual tsunami of articles about the so-called hidden dangers of using the Pokémon GO app. The vast majority of them concern potential violations of the privacy rights of both consumers and landmark-owners. The media’s Chicken Little-like...
by Gary Nissenbaum | Aug 4, 2016 | Business Lawsuit Blog
I have previously written about the legal implications of augmented reality apps such as Pokémon Go. Mine was one of many articles on this topic, most of which decried the negative implications of AR technology. The basic premise was that society is not prepared to...
by Gary Nissenbaum | Nov 24, 2015 | Internet Law Blog
Is it abusive for a company alleging copyright infringement to uncloak the anonymity of users of adult content in an effort to embarrass them into settling marginal claims? That issue was considered by the Court in Amselfilm Productions v. Swarm, 6A6DC, 12-cv-3865. In...
by Gary Nissenbaum | Nov 24, 2015 | Internet Law Blog
Does the federal government have trademark rights, and can those rights be enforced by the military? The answer is yes and yes. In a recent New York Times article https://www.nytimes.com/2014/05/25/us/as-wars-end-military-gives-its-trademarks-new-vigilance.html?_r=0...
