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Copyright Law Intellectual Property

Score One for the Little Guy: SDNY says Fla Website Can’t Be Sued in NY Over Photos

My client Signatures4U.com is a Mom and Pop side business operating out of Florida that sells signed sports memorabilia, mostly through its eBay site. Last year it was served with a Federal lawsuit filed in the Southern District of NY over alleged copyright infringement. The basis of the claim is that two sports photographers allege […]

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Copyright Law Entertainment Law Intellectual Property Trademark Law

Will Alfonso Ribiero Win His Lawsuit Against Fortnite Over “The Carlton Dance?” (Hint: No)

Actor Alfonso Ribiero played nerdy guy Carlton on “The Fresh Prince of Bel Air” back in the last century. One of the greatest scenes from the show was when Cartlon, home alone, dances wildly to Tom Jones’ hit “Its Not Unusual.” The dance became his signature move and dubbed The Carlton. Now two video game […]

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Copyright Law Litigation

Court Labels Attorney as “Copyright Troll” and Fines Him $10,000 Over Frivolous Case Involving Photograph

2018 has been a bad year for copyright infringement troll attorney Richard Liebowitz. He specializes in bringing hundreds of suits over the alleged infringing use of a digital photograph. In February, in the case of McDermott v. Monday, Monday LLC Southern District of NY Judge Denise Cote labeled him a “Copyright Troll” for filing over […]

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Constitutional Law

Shutting Down a Neo-Nazi Website Can Be More Dangerous Than the Neo-Nazis

In an article published last night, TThe Electronic Frontier Foundation makes strong arguments why it was wrong for Google. Cloudflare and GoDaddy to refuse to continue to manage the domain of The Daily Stormer, a neo-Nazi website and magazine. Allowing these major controllers of the Internet to shut a site down based on legal content […]

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Constitutional Law Copyright Law Intellectual Property Litigation

Troll Lawyer Denied Attorney’s Fees in Copyright Lawsuit

In an important decision from the Federal Court for the District of Oregon, a court has denied attorney’s fees to a successful copyright litigant because the court ruled that in this instance the award did not further the purposes of the Copyright Act. The lawsuit involves the pervasive litigation filed by porn companies against folks […]

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Copyright Law Intellectual Property

New Copyright Regs Could Screw Website Owners: Seriously, Beware!

From the Electronic Frontier Foundation comes this news: Under a new rule from the Copyright Office, website owners could be exposed to massive risk of copyright liability simply for neglecting to submit an online form on time. The rule could eliminate the safe harbor status that thousands of websites receive under the Digital Millennium Copyright […]

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Constitutional Law

Harsh Yelp Review Leads to $1,000 Damage Award But Biggest Harm is to Free Speech Rights

Emily Fanelli hired a company called Mr. Sandless to refinish the floors in her Staten Island home for a fee of $695. Fanelli wasn’t happy with the finished product, or the “corrective actions” the company took after she complained. So she did what many other disgruntled consumers have done before – she complained online. She […]

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Intellectual Property Litigation

Passive ISP Company Found to be Active Participant in Infringement

The Digital Millennium Copyright Act protects Internet Service Providers (ISPs) and other companies that merely provide a place to host content from claims of copyright and trademark infringement for alleged violations caused by companies and individuals who post infringing content. But what about an ISP that merely allow users to connect to allegedly infringing sites? […]

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Constitutional Law Criminal Law Litigation

Supreme Court Ducks Main Issue in Internet Threat Case

The Supreme Court yesterday issued a long awaited decision in Elonis v. United States that failed to address the core issues presented by the case involving harsh language posted on the Internet. Under a 1939 federal criminal statute prohibiting the communication of threats, Anthony Elonis was charged with threatening his wife; a kindergarten class; and […]