llc NRP Holdings LLC v. City of Buffalo By feeds.findlaw.com Published On :: 2019-02-20T08:00:00+00:00 (United States Second Circuit) - Held that a mayor had legislative immunity from claims that he scuttled a low‐income housing project because the prospective developer refused to hire his political ally as a contractor on the project. Affirmed judgment in favor of the mayor and the other defendants. Full Article Government Law Construction
llc 1305 Ingraham LLC v. City of Los Angeles By feeds.findlaw.com Published On :: 2019-03-12T08:00:00+00:00 (California Court of Appeal) - Held that a neighboring business was time-barred from challenging a city's approval of an affordable housing project. Affirmed the sustaining of a demurrer. Full Article Property Law & Real Estate Construction
llc Ione Valley Land, Air, and Water Defense Alliance, LLC v. County of Amador By feeds.findlaw.com Published On :: 2019-03-20T08:00:00+00:00 (California Court of Appeal) - Held that an environmental group could not proceed with its challenge to a county's approval of a private company's plan to build a rock quarry and related facilities. Affirmed the denial of a writ petition. Full Article Environmental Law Construction
llc Boatworks, LLC v. City of Alameda By feeds.findlaw.com Published On :: 2019-05-15T08:00:00+00:00 (California Court of Appeal) - Struck down a portion of a city ordinance authorizing development impact fees for parks and recreation. Affirmed the lower court in relevant part, in this case involving California's Mitigation Fee Act. Full Article Property Law & Real Estate Construction
llc Capsco Industries, Inc. v. Ground Control, LLC By feeds.findlaw.com Published On :: 2019-08-12T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. A subcontractor did not owe a duty to indemnify a company for its expenditures in labor and materials in a construction project. Full Article Civil Procedure Insurance Law Construction Contracts
llc LAJIM, LLC v. General Electric Co. By feeds.findlaw.com Published On :: 2019-03-04T08:00:00+00:00 (United States Seventh Circuit) - Held that adjoining landowners were not entitled to injunctive relief against a company whose manufacturing plant had polluted the groundwater, in an action under the citizen suit provision of the Resource Conservation and Recovery Act. The plaintiffs did not demonstrate a need for injunctive relief, because state environmental regulators had already sued the company and the two were working together on remedial steps. Affirmed the ruling below. Full Article Environmental Law Water Law
llc Ione Valley Land, Air, and Water Defense Alliance, LLC v. County of Amador By feeds.findlaw.com Published On :: 2019-03-20T08:00:00+00:00 (California Court of Appeal) - Held that an environmental group could not proceed with its challenge to a county's approval of a private company's plan to build a rock quarry and related facilities. Affirmed the denial of a writ petition. Full Article Environmental Law Construction
llc T-Mobile West LLC v. City and County of San Francisco By feeds.findlaw.com Published On :: 2019-04-04T08:00:00+00:00 (Supreme Court of California) - Upheld a San Francisco ordinance that requires wireless phone service companies to obtain permits and conform with aesthetic guidelines when installing lines and equipment on utility poles. The companies sought a declaratory judgment that the ordinance is inconsistent with state law. However, the California Supreme Court was not persuaded by the companies' arguments. Full Article Environmental Law Communications Law
llc Winding Creek Solar LLC v. Peterman By feeds.findlaw.com Published On :: 2019-07-29T08:00:00+00:00 (United States Ninth Circuit) - Affirmed. Plaintiff filed suit against the Commissioners of the California Public Utilities commission alleging that the California Renewable Market Adjust Tariff (Re-MAT) program violated the Public Utility Regulatory Policies Act (PURPA). The district court granted summary judgment in favor of the Plaintiff, but declined to grant Plaintiff a contract with PG&E at a specified price. The Ninth Circuit held that the Re-MAT program violated the PURPA and therefore is preempted by PURPA, but the Ninth Circuit would not grant the contract because PG&E was not a party to the suit. Full Article Environmental Law Public Utilities Contracts
llc Mavrix Photographs, LLC. v LiveJournal, Inc. By feeds.findlaw.com Published On :: 2017-04-07T08:00:00+00:00 (United States Ninth Circuit) - In a copyright dispute arising out of photographs posted online on defendant's social media website, the district court's summary judgment that defendant was entitled protected by the safe harbor of the Digital Millennium Copyright Act is reversed where: 1) the safe harbor set forth in 17 U.S.C. section 512(c) would apply if the photographs were posted at the direction of users; 2) defendant posted the photographs after a team of volunteer moderators, led by an employee of the defendant, reviewed and approved them; 3) the common law of agency applied to the defendant's safe harbor defense; and 4) there were genuine factual disputes regarding whether the moderators were the defendant's agents. Full Article Intellectual Property Copyright Cyberspace Law
llc DRK Photo v. McGraw Hill Global Education Holdings, LLC By feeds.findlaw.com Published On :: 2017-09-12T08:00:00+00:00 (United States Ninth Circuit) - Affirming summary judgment to the defendant schoolbook publisher against a stock photography agency complaining of copyright infringement because they were nonexclusive licensing agents for the photos at issue and failed to demonstrate adequate ownership interest to confer standing. Full Article Copyright Civil Procedure Intellectual Property
llc BMG Rights Management LLC v. Round Hill Music LP By feeds.findlaw.com Published On :: 2018-02-01T08:00:00+00:00 (United States Fourth Circuit) - Affirming in part, reversing in part, and remanding a case alleging copyright infringement seeking to hold a high-speed internet provider contributorily responsible for infringement of a music publisher's copyrights, affirming the trial court's determination that the defense was not entitled to a safe harbor defense, but reversing, vacating, and remanding on account of errors in jury instructions. Full Article Intellectual Property Copyright Media Law
llc Folkens v. Wyland Worldwide, LLC By feeds.findlaw.com Published On :: 2018-02-02T08:00:00+00:00 (United States Ninth Circuit) - Affirming the district court's summary judgment to the defense in a Copyright Act infringement case centered on a pen and ink depiction of two dolphins whose creator claimed a painting of two dolphins was copied because the panel found that the idea was simply drawn from nature and that expressing ideas that nature has already expressed for all cannot result in copyright. Full Article Intellectual Property Copyright
llc Fox News Network, LLC v. TVEyes, Inc. By feeds.findlaw.com Published On :: 2018-02-27T08:00:00+00:00 (United States Second Circuit) - Reversing a district court order finding fair use in the case of a company that enables clients to view and distribute ten-minute clips of television and radio programs produced by others because whether or not the snippets served a transformational purpose the provision of virtually all of Fox's copyrighted content deprived Fox of copyright revenue and could not be justified as fair use. Full Article Media Law Communications Law Intellectual Property Copyright
llc Oracle America, Inc. v. Google LLC By feeds.findlaw.com Published On :: 2018-03-27T08:00:00+00:00 (United States Federal Circuit) - Reversing a district court determination that Google's use of Oracle's Java Standard Edition platform programming interface in its Android operating system was fair use and decisions denying Oracle's motion for judgment as a matter of law and remanding for a determination of damages. Full Article Copyright Intellectual Property
llc Cobbler Nevada, LLC v. Gonzales By feeds.findlaw.com Published On :: 2018-08-27T08:00:00+00:00 (United States Ninth Circuit) - Affirmed the dismissal of a copyright infringement action brought against an individual who allegedly downloaded and distributed (i.e., pirated) a movie through peer-to-peer BitTorrent networks. The individual argued that he was not liable for infringement even if the infringing Internet Protocol (IP) address was his, because multiple individuals could connect via his IP address. Agreeing with him and noting that he operated an adult foster care home, the Ninth Circuit held that the complaint failed to state a claim of either direct or contributory infringement. Full Article Entertainment Law Intellectual Property Copyright
llc Bell v. Vacuforce, LLC By feeds.findlaw.com Published On :: 2018-11-14T08:00:00+00:00 (United States Seventh Circuit) - Affirmed sanctions imposed against a defense attorney for filing a frivolous motion seeking prevailing party attorney fees. Held that it was baseless for the attorney to argue that his client was the prevailing party under the Copyright Act, in a case where his client had agreed to pay a monetary settlement to resolve a copyright infringement claim. Full Article Copyright Sanctions Attorney's Fees
llc Capitol Records, LLC v. ReDigi Inc. By feeds.findlaw.com Published On :: 2018-12-12T08:00:00+00:00 (United States Second Circuit) - Affirmed a finding of copyright infringement, in a lawsuit that involved copyrighted music recordings resold through an internet platform. The suit was brought by several record companies. Full Article Entertainment Law Intellectual Property Copyright
llc Manhattan Review, LLC v. Yun By feeds.findlaw.com Published On :: 2019-03-25T08:00:00+00:00 (United States Second Circuit) - Held that the defendants were entitled to an award of attorney fees in a Copyright and Lanham Act lawsuit after they prevailed by asserting a collateral estoppel defense. Affirmed the award of fees. Full Article Attorney's Fees Intellectual Property Copyright
llc Gold Value International Textile Inc. v. Sanctuary Clothing, LLC By feeds.findlaw.com Published On :: 2019-06-04T08:00:00+00:00 (United States Ninth Circuit) - Held that a clothing manufacturer could not proceed with a copyright infringement lawsuit against a competitor that allegedly copied a fabric design because the copyright registration was invalid due to knowingly inaccurate paperwork. Affirmed summary judgment for the defendants. Full Article Intellectual Property Copyright
llc Berkley v. Mountain Valley Pipeline, LLC By feeds.findlaw.com Published On :: 2018-07-25T08:00:00+00:00 (United States Fourth Circuit) - Affirmed that the district court lacked subject-matter jurisdiction over a constitutional challenge to the Natural Gas Act. Landowners along the path of a proposed natural gas pipeline brought this action disputing the constitutionality of various provisions of the Natural Gas Act. Agreeing with the district court, the Fourth Circuit held that the suit must be dismissed for lack of subject-matter jurisdiction on the grounds that the landowners ought to have brought their claims through the agency review process laid out in the Natural Gas Act. Full Article Oil and Gas Law Property Law & Real Estate
llc US v. Nature's Way Marine LLC By feeds.findlaw.com Published On :: 2018-09-21T08:00:00+00:00 (United States Fifth Circuit) - Held that the owner of a tugboat was also considered to be operating an oil barge that the tugboat was moving at the time the barge collided with a bridge, resulting in an oil spill in the Mississippi River. Affirmed partial summary judgment for the federal government in its lawsuit seeking to recover cleanup costs under the Oil Pollution Act. Full Article Admiralty Environmental Law Oil and Gas Law
llc Shell Offshore, Inc. v. Tesla Offshore, LLC By feeds.findlaw.com Published On :: 2018-10-05T08:00:00+00:00 (United States Fifth Circuit) - Held that a company surveying the ocean floor was properly apportioned 75 percent of the liability for an accident in which its underwater sonar device struck an offshore drilling rig's mooring line. The remaining 25 percent of the liability was allocated to the operator of the chartered vessel that was pulling the sonar device. Affirmed a judgment after a jury trial. Full Article Admiralty Oil and Gas Law Injury & Tort Law
llc U.S. Oil Trading LLC v. M/V Vienna Express By feeds.findlaw.com Published On :: 2018-12-19T08:00:00+00:00 (United States Second Circuit) - Held that a bunker (marine fuel) supplier was potentially entitled to assert a maritime lien against certain vessels to which it had physically provided marine fuel for which it was not paid, under an exception to the usual subcontractor rule. The exception allows maritime liens to be asserted by subcontractors whose selection was controlled or directed by a vessel's owner/charterer. Vacated and remanded on this issue. Full Article Oil and Gas Law Admiralty
llc EOR Energy, LLC v. Illinois Environmental Protection Agency By feeds.findlaw.com Published On :: 2019-01-16T08:00:00+00:00 (United States Seventh Circuit) - Held that an energy company could not proceed with its claim that Illinois environmental regulators lacked jurisdiction over its handling of hazardous‐waste acid that it transported into the state. Affirmed a dismissal based on claim and issue preclusion, among other doctrines. Full Article Environmental Law Oil and Gas Law Civil Procedure
llc Glassell Non-Operated Interests Ltd. v. Enerquest Oil and Gas LLC By feeds.findlaw.com Published On :: 2019-06-12T08:00:00+00:00 (United States Fifth Circuit) - Held that an oil company did not breach its contract with several other oil companies. The dispute arose out of a joint agreement to cooperatively develop oil prospects in Texas. Reversed the judgment below. Full Article Oil and Gas Law Contracts
llc Najas Realty, LLC v. Seekonk Water Dist. By feeds.findlaw.com Published On :: 2016-05-02T08:00:00+00:00 (United States First Circuit) - In an action stemming from the plaintiffs' purchase of a piece of land and the opposition the defendants mounted to the plaintiffs' plan to develop that property, alleging defendants' conduct violated various constitutional and state law provisos, including 42 U.S.C. section 1983 and the Massachusetts Civil Rights Act (MCRA), Mass. Gen. Laws Ann. ch. 12, section 11, the District Court's grant of judgment on the pleadings in favor of defendants is affirmed where plaintiffs did not give sufficient facts to state plausible-on-their-face claims, ones that gave rise to more than a mere possibility of liability. Full Article Property Law & Real Estate Civil Rights
llc Trafon Group, Inc. v. Butterball LLC By feeds.findlaw.com Published On :: 2016-05-03T08:00:00+00:00 (United States First Circuit) - In a suit alleging defendant breached an exclusive distribution agreement in violation of Puerto Rico's Law 75 of June 24, 1964, P.R. Laws Ann. tit. 10 section 278, the District Court's denial of a preliminary injunction against defendant and dismissal of the complaint is affirmed where plaintiff's claim was barred under Law 75's three-year statute of limitations and properly under Federal Rule of Civil Procedure 56(f). Full Article Civil Procedure Contracts
llc MPC Franchise, LLC v. Tarntino By feeds.findlaw.com Published On :: 2016-06-27T08:00:00+00:00 (United States Second Circuit) - In a trademark action concerning the mark for Pudgie's pizza chain restaurants, the district court's grant of summary judgment to plaintiffs is affirmed where there is no genuine issue of material fact that defendant Tarntino obtained his federal trademark registration of PUDGIE'S by fraud. Full Article Commercial Law Trademark
llc Andrews v. America's Living Centers, LLC By feeds.findlaw.com Published On :: 2016-06-28T08:00:00+00:00 (United States Fourth Circuit) - In an attorney's fees action, the district court's dismissal of plaintiff's action is reversed where: 1) an award of attorneys' fees are permissible under F.R.C.P. 41(d) ; but 2) the Fair Labor Standards Act does not permit an award of attorneys' fees for defendants and plaintiff's conduct was not undertaken in bad faith, vexatiously, wantonly, or for oppressive reasons. Full Article Attorney's Fees
llc JL Beverage Co, LLC v. Jim Beam Brands Co. By feeds.findlaw.com Published On :: 2016-07-14T08:00:00+00:00 (United States Ninth Circuit) - In an action claiming of trademark infringement, false designation of origin, and unfair competition brought under the Lanham Act and Nevada state law by a beverage company-plaintiff, which sells a competing line of flavored vodkas, the District Court's grant of summary judgment to defendant is reversed where the district court erred in: 1) failing to place the burden of proof on defendant, the moving party; 2) failing to view the evidence in the light most favorable to plaintiff; and 3) never analyzing whether a genuine dispute of material fact existed. Full Article Intellectual Property Trademark
llc Retail Digital Network LLC v. Prieto By feeds.findlaw.com Published On :: 2017-06-14T08:00:00+00:00 (United States Ninth Circuit) - In an action challenging, on First Amendment grounds, California Business and Professions Code section 25503(f)-(h), which prohibits alcohol manufacturers and wholesalers from providing anything of value to retailers in exchange for advertising their alcohol products, the district court's summary judgment in favor of the Acting Director of the California Department of Alcoholic Beverage Control is affirmed by an en banc court where: 1) thirty years ago, in Actmedia, Inc. v. Stroh, 830 F.2d 957 (9th Cir. 1986), this Circuit rejected a First Amendment challenge to the same California and Professions Code provision; and 2) the U.S. Supreme Court's decision in Sorrell v. IMS Health Inc., 564 U.S. 552 (2011) did not modify the Central Hudson test that been applied in Actmedia. Full Article Civil Rights Commercial Law Constitutional Law
llc Parks LLC v. Tyson Foods, Inc. By feeds.findlaw.com Published On :: 2017-07-17T08:00:00+00:00 (United States Third Circuit) - Affirming a summary judgment to the defendant Tyson Foods in a dispute involving their use of the word 'Parks' in reference to hotdogs where the plaintiff once held trademark on this word's use to sell hotdogs until it failed to renew the trademark in the early 2000's. Full Article Intellectual Property False Advertising Trademark Consumer Protection Law
llc Gupta v. Morgan Stanley Smith Barney LLC By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Seventh Circuit) - Affirmed. A former employee alleging discrimination could be compelled to arbitrate his claims because he didn't opt out of the company's arbitration agreement. Full Article Dispute Resolution & Arbitration Labor & Employment Law Civil Rights Civil Procedure
llc Bentley v. AutoZoners, LLC, et al. By feeds.findlaw.com Published On :: 2019-08-19T08:00:00+00:00 (United States Second Circuit) - Affirmed. In appealing an award of summary judgement for the defendants, plaintiff argues she proffered sufficient evidence to raise triable issues of fact in her sex discrimination case. Finding plaintiff’s arguments fail on the merits, the panel affirms. Full Article Labor & Employment Law Civil Procedure
llc Wu v. O'Gara Coach Co., LLC By feeds.findlaw.com Published On :: 2019-08-21T08:00:00+00:00 (California Court of Appeal) - Reversed order disqualifying attorneys. The appeals court held that no evidence had been presented that Plaintiff's attorneys possessed confidential attorney-client privileged information relevant to the suit and that if there was a conflict other lawyers in the law firm could represent Plaintiff. Full Article Civil Procedure Ethics & Professional Responsibility
llc Driveline Systems LLC v. Arctic Cat, Inc. By feeds.findlaw.com Published On :: 2019-08-23T08:00:00+00:00 (United States Seventh Circuit) - Vacated and remanded. The summary judgment in a contract lawsuit over a supply contract for manufactured goods was improper because there were genuine issues of material fact. Full Article Civil Procedure Contracts
llc Brock Services LLC v. Rogillo By feeds.findlaw.com Published On :: 2019-08-27T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. A company sued a former employee who went to work for a direct competitor. The Court of Appeals affirmed the district court's grant of a preliminary injunction because there was an employment agreement with a non-compete provision. Full Article Contracts Civil Procedure Labor & Employment Law
llc Fusion Capital Find II, LLC. v. Ham By feeds.findlaw.com Published On :: 2010-08-02T08:00:00+00:00 (United States Seventh Circuit) - In an insolvent corporation's suit against defendant-corporation for tortious interference with its merger agreement, district court's judgment awarding defendant about $1.2 million in legal fees after ruling in favor of defendant and holding the insolvent corporation's board of directors personally liable is reversed as, under Nev. Rev. Stat. section 78.747, there isn't any fraud as plaintiff's thin capitalization was both the reason why the deal had been proposed and the dominant feature in the deal's structure. Furthermore, when plaintiff signed a contract promising to reimburse defendant's legal expenses if litigation ensued, defendant knew beyond doubt that plaintiff would be unable to keep that promise unless the merger closed. Thus, the court is not aware of any statute or decision holding that investors in a thinly capitalized corporation are personally liable for its debts to a contracting partner when that partner, with knowledge of the corporation's insolvency, signs without getting a guaranty from the investors. Full Article Attorney's Fees Contracts Corporation & Enterprise Law Injury & Tort Law M&A
llc IDX Capital, LLC v. Phoenix Partners Group LLC By feeds.findlaw.com Published On :: 2012-05-31T08:00:00+00:00 (Court of Appeals of New York) - In a suit for tortious interference with prospective business relations and aiding and abetting breach of fiduciary duty, arising from the defendants' alleged participation in derailing the plaintiff company's acquisition by a third party, the Appellate Division's dismissal of the complaint is affirmed by memorandum, where the plaintiffs failed to produce evidentiary proof as to whether: 1) individual defendants participated in a co-defendant's admitted campaign to interfere with the proposed acquisition; 2) defendant entities should be held vicariously liable for the interference; or 3) an individual plaintiff was entitled to injunctive relief. Full Article Injury & Tort Law M&A
llc NAF Holdings, LLC v. Li & Fund (Trading) Limited By feeds.findlaw.com Published On :: 2015-09-04T08:00:00+00:00 (United States Second Circuit) - In a dispute arising out of a merger, and in light of Delaware Supreme Court's answer to a certified question that plaintiff was not required to bring its breach of contract claim as a derivative action, the district court's grant of summary judgment in favor defendant is vacated where plaintiff is not barred from pursuing its claim directly. Full Article Contracts Corporation & Enterprise Law M&A
llc Mercury Systems, Inc. v. Shareholder Representative Servs., LLC By feeds.findlaw.com Published On :: 2016-04-26T08:00:00+00:00 (United States First Circuit) - In a dispute arising out of a merger agreement in which one party agreed to indemnify the other against a purely hypothetical tax loss, involving the issue of whether the prepayments and credits, and resulting tax refunds, affect the tax indemnification obligation of the sellers, the District Court's judgment in favor of sellers is vacated and remanded for further proceedings where; 1) the indemnification provision is ambiguous as to how the tax refunds affect the indemnification obligation of the sellers; and 2) the parties' arguments about the purpose and negotiating history of the provision cannot be resolved without the aid of a fact-finder. Full Article Tax Law M&A Contracts
llc North Valley Mall LLC v. Longs Drug Stores California LLC By feeds.findlaw.com Published On :: 2018-09-25T08:00:00+00:00 (California Court of Appeal) - Affirmed summary judgment in favor of two drug store chains in a dispute with a shopping mall over common area maintenance fees. The case raised questions about real property rights and reverse triangular mergers. Full Article M&A Property Law & Real Estate
llc Tissue Technology LLC v. TAK Investments LLC By feeds.findlaw.com Published On :: 2018-10-29T08:00:00+00:00 (United States Seventh Circuit) - In a dispute that arose out of the sale of a manufacturing plant, held that the district judge was correct to withhold any remedy that would transfer the value of certain promissory notes from the secured lenders to the seller. Affirmed a judgment after a bench trial. Full Article M&A Contracts
llc 1041 20th Street, LLC v. Santa Monica Rent Control Board By feeds.findlaw.com Published On :: 2019-07-30T08:00:00+00:00 (California Court of Appeal) - Reversed. Plaintiff, a rental property owner, filed suit against Defendant, a rent control board, to prevent certain properties from being subject to rent control. The trial court agreed with Plaintiff, but the appeals court held that the rent board did not have the authority to exempt rental units from rent control under the Santa Monica City Charter. Full Article Government Law Landlord Tenant Law
llc Wynnewod Refining Co. LLC v. OSHC By feeds.findlaw.com Published On :: 2019-08-08T08:00:00+00:00 (United States Fifth Circuit) - Granted. The motion to transfer a lawsuit involving the Occupational Safety and Health Review Commission to the Tenth Circuit was granted because appeals of some agency rulings must be filed in only one court of appeals, typically the DC Circuit. Full Article Administrative Law Government Law Civil Procedure
llc Merck Sharp and Dohme Corp. v. Amneal Pharmaceuticals LLC By feeds.findlaw.com Published On :: 2018-02-09T08:00:00+00:00 (United States Federal Circuit) - Affirming the District Court's determination that a proposed generic nasal spray would not infringe the patents of a company manufacturing the Nasonex nasal product. Full Article Intellectual Property Patent Drugs & Biotech
llc Jazz Pharmaceuticals Inc. v. Amneal Pharmaceuticals LLC By feeds.findlaw.com Published On :: 2018-07-13T08:00:00+00:00 (United States Federal Circuit) - Affirmed a finding of patent claim invalidity involving certain claims related to a drug distribution system for tracking prescriptions of sensitive drugs, such as those with addictive properties. In affirming, the Federal Circuit held that the Patent Trial and Appeal Board did not err and that its determination, on inter partes review, that the patents were invalid was obvious. Full Article Patent Intellectual Property Drugs & Biotech
llc VeriSign, Inc. v. XYZ.COM LLC By feeds.findlaw.com Published On :: 2017-02-08T08:00:00+00:00 (United States Fourth Circuit) - In a suit brought by a company in the business of selling internet domain names and operates the popular .com and .net top-level domains, alleging its competitor made a series of statements touting the popularity of the .xyz domain and warning of a scarcity of desirable .com domain names which violated the Lanham Act's false advertising provisions, the district court's grant of summary judgment to defendant is affirmed where: 1) as to defendant's self-promoting statements, most of which concern its registration numbers, plaintiff failed to produce the required evidence that it suffered an actual injury as a direct result of defendant’s conduct; and 2) plaintiff did not establish that defendant's statements about the availability of suitable .com domain names were false or misleading statements of fact, as required for Lanham Act liability. Full Article Intellectual Property False Advertising Cyberspace Law
llc Mavrix Photographs, LLC. v LiveJournal, Inc. By feeds.findlaw.com Published On :: 2017-04-07T08:00:00+00:00 (United States Ninth Circuit) - In a copyright dispute arising out of photographs posted online on defendant's social media website, the district court's summary judgment that defendant was entitled protected by the safe harbor of the Digital Millennium Copyright Act is reversed where: 1) the safe harbor set forth in 17 U.S.C. section 512(c) would apply if the photographs were posted at the direction of users; 2) defendant posted the photographs after a team of volunteer moderators, led by an employee of the defendant, reviewed and approved them; 3) the common law of agency applied to the defendant's safe harbor defense; and 4) there were genuine factual disputes regarding whether the moderators were the defendant's agents. Full Article Intellectual Property Copyright Cyberspace Law