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Law and Technology Court Decisions Opinions by Topic
Arbitration .. Court affirms denial of Motion to Compel
Arbitration of dispute over use of Internet browser plug-in program to obtain personal information from user of
program - Specht v. Netscape Communications Corp., 306 F.3d 17 (2nd Cir. 2002)"
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Click here for PDF... Constitutional Law .. Sixth Circuit holds that
city's Internet site was a nonpublic forum for First Amendment purposes, and the host of website which sought to
report on alleged corruption in the city's government did not have a constitutional right to have hyperlink to its
site placed on the city's web site. - The Putnam Pit, Inc. v. City of Cookeville, 2003 WL 22000304 (6th Cir. Aug. 20, 2003)
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Click here for PDF... Defamation .. Court addresses liability of moderator of
listserv and operator of website who post allegedly defamatory e-mail
authored by a third party - Batzel v. Smith, - F.3d - (9th Cir. 6/24/2003)."
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Click here for PDF... Insurance Coverage .. Fourth Circuit holds that commercial
liability insurance policy covered use of Nissan name in a business's Internet domain address and in a logo on its
website, falling within the advertising coverage of the policy.
- State Auto Prop. and Cas. Ins. Co. v. Travelers Indem. Co., - 343 F.3d 249 (4th Cir 2003)
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Click here for PDF... Opinion affirming summary judgment for
insurer, finding that alleged trademark infringement through sales over the Internet did not constitute
advertising injury, and hence insurer had no duty to defend or reimburse insured for defense costs.
- Sport Supply Group, Inc. v. Columbia Cas. Co., - F.3d - (5th Cir. July 7, 2003)
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Click here for PDF... Infringement complaint against internet domain name owner over alleged "advertising injury
within meaning of commercial liability insurance policy - CAT Internet Services, Inc. v. Providence Washington Ins. Co., - F.3d - (3rd Cir. 2003)"
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Click here for PDF... Intellectual Property Right Infringement .. Sixth Circuit affirms judgment for holder of
trademark against registrant of domain name in cybersquatting case.
- FordMotor Co. v. Catalanotte, 342 F.3d 543 (6th Cir 2003)
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Click here for PDF... Third Circuit affirms preliminary injunction
against party who compiled video clips of copyrighted motion pictures for commercial use on the Internet.
- Video Pipeline, Inc. v. Buena Vista Home Entertainment, Inc., 342 F.3d 191 (3th Cir. 2003)
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Click here for PDF... Federal Circuit issues mixed opinion on
validity of patents on Internet traffic management software.
- Akamai Technologies, Inc. v. Cable & Wireless Internet Services, Inc., 2003 WL 22121694 (Fed. Cir. Sept 15, 2003)
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Click here for PDF... Opinion reversing summary judgment for
Network Solutions, finding it could be liable for conversion for improperly giving Plaintiff's Internet domain
name to another person based upon a forged letter.
- Kremen v. Cohen and Network Solutions, Inc., F.3d - (9th Cir. July 25, 2003)
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Click here for PDF... Opinion affirming dismissal of claims against
Network Solutions for failure to state a claim, but reversing dismissal of claims against French corporation for
lack of personal jurisdiction, based upon allegedly improper transfer of Internet domain name to French company
pursuant to order of French court.
- Hawes v. Network Solutions, Inc, F.3d - (4th Cir. July 9, 2003)
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Click here for PDF... Appellate court affirms broad preliminary
injunction which effectively shut down Napster-like music file swapping Internet site.
- . In re: Aimster Copyright Litigation, F.3d - (7th Cir. June 30, 2003)
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Click here for PDF... District Court orders transfer
of domain name in cybersquatting dispute
- Schmidheiny v. Weber, 2003 WL 22221212 (E.D. Pa. Sept 10, 2003)
Top of Page District Court holds that software which
caused pop-up ad to appear on website did not interfere with the website owner's right to display its copyrighted
works on the site.
- U-Haul International, Inc. v. WHENU.com, Inc., 2003 WL 22071556 (E.D. Va. Sept. 5, 2003)
Top of Page District Court holds that defendant committed
trademark infringement and cybersquatting in commercial use of the term "March Madness."
- March Madness Athletic Assn., LLC v. Netfire, Inc., 2003 WL 22047375 (N.D. Tex. Aug. 28, 2003)
Top of Page District Court denies motion to dismiss in
suit challenging use of Avlon trademarks in domain names to redirect persons looking for the trademark to an
infringing site. This phenomena has been named Internet based initial interest confusion.
- Avlon Industries v. Robinson, 2003 WL 22025004 (N.D. Ill. Aug. 21, 2003)
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Click here for PDF... District Court opinion on summary judgment
motion by owners of copyrights in musical compositions against operator of Internet website where MP3 files of
recordings were available for downloading.
- Country Road Music, Inc. v. MP3.com, Inc., 2003 WL 22038295 (S.D. N.Y. Aug. 27, 2003)
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Click here for PDF... District Court denies motion for
preliminary injunction in cybersquatting claim.
- 24 Hour Fitness USA, Inc. v 24/7 Tribeca Fitness, LLC, 2003 WL 21976412 (S.D. N.Y. Aug. 18, 2003)
Top of Page District Court finds long-arm jurisdiction
over seller of products through an Internet site due to specific sales and purchases in Minnesota, and grants
Preliminary Injunction ordering transfer of ownership of Internet domain names using Plaintiff's name to Plaintiff.
- Ballistic Products, Inc. v. Precision Reloading, Inc., F.Supp.2d - (D. Minn. July 28, 2003)
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Click here for PDF... Court affirms injunction prohibiting
infringing use of Internet URL and addressing ownership of domain name - Interstellar Starship Services Limited v. Epix, Inc., 304 F.3d 936 (9th Cir. 2002)"
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Click here for PDF... Supreme Court of California holds that
preliminary injunction against Internet website operators enjoining the disclosure of trade secret information
relating to DVD encryption did not constitute an unconstitutional prior restraint, assuming it was issued properly
under California's trade secret law. -
DVD Copy Control Assn., Inc. v. Bunner, 75 P 3d 1 (Cal. 2003)
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Click here for PDF... Jurisdiction .. Ninth Circuit holds finds personal jurisdiction in
action in which California software company sought declaratory judgment that its "pop up" Internet software program did not
infringe Maine company's trademark rights. The Court reversed a dismissal for lack of personal jurisdiction, finding that use of interactive web site (a "virtual store"), extensive marketing and sales to California residents supported jurisdiction.
- Gator.com Corp. v. L. L. Bean, Inc., 341 F.3d 1072 (9th Cir. 2003)
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Click here for PDF... Opinion affirming dismissal of claims against
Network Solutions for failure to state a claim, but reversing dismissal of claims against French corporation for
lack of personal jurisdiction, based upon allegedly improper transfer of Internet domain name to French company
pursuant to order of French court.
- Hawes v. Network Solutions, Inc, F.3d - (4th Cir. July 9, 2003)
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Click here for PDF... District Court holds that it has
jurisdiction over New Jersey resident in cybersquatting dispute due to contracting with at least four Illinois
residents for the sale of goods.
- Brach's Confections, Inc. v. Keller, 2003 WL 22225617 (N.D. Ill. Sept. 24, 2003)
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Click here for PDF... District Court holds that Tennessee law firm
was not subject to suit in New York based upon its appearance before the United States Patent and Trademark Office
on behalf of New York clients and the maintenance of a firm website that can be accessed in New York.
- E-Z Bowz, LLC v. Professional Product Research Co., 2003 WL 22064259 (S.D. N.Y. Sept. 5, 2003)
Top of Page District Court in Ohio finds jurisdiction to
exist against New Jersey resident based upon allegations of cybersquatting and infringement of trademarks and service
marks relating to Victoria's Secret name, based upon the defendant's maintenance of a website that was interactive
to a degree that it revealed specifically intended interaction with the residents of Ohio.
- V Secret Catalogue, Inc. v. Zdrok, 2003 WL 22136303 (S.D. Ohio Aug. 29, 2003)
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Click here for PDF... District Court finds a lack of personal
jurisdiction despite an interactive web site, finding a lack of non-web site factors evidencing the intent for the
defendant's product or web site to reach a particular state.
- Infosys, Inc. v. Billingnetwork.com, Inc., 2003 WL 22012687 (N.D. Ill. Aug. 28, 2003)
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Click here for PDF... Magistrate's recommendation that motion to
dismiss for lack of personal jurisdiction be granted. Only contacts with Rhode Island was a web site that can be
accessed by Rhode Island residents, and through which residents could purchase products. Follows
- Toys "R" Us, Inc. v. Step Two, 318 F.3d 446 (3rd Cir, 2003)
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Swarovski Optik North America Limited v. Euro Optics, Inc., 2003 WL 22014581 (D. R.I. Aug. 25, 2003) District Court finds personal jurisdiction
supported by interactive Internet site, at which customers can transact business.
- Iosello v. Lexington Law Firm, 2003 WL 21920237 (N.D. Ill. Aug. 7, 2003)
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Click here for PDF... District Court finds long-arm jurisdiction
over seller of products through an Internet site due to specific sales and purchases in Minnesota, and grants
Preliminary Injunction ordering transfer of ownership of Internet domain names using Plaintiff's name to Plaintiff.
- Ballistic Products, Inc. v. Precision Reloading, Inc., F.Supp.2d - (D. Minn. July 28, 2003)
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Click here for PDF... Illinois organization does not subject itself to
jurisdiction in Maryland by operating an internet website that allegedly infringed the trademark rights of a Maryland company
- Carefirst of Md., Inc. v. Carefirst Pregnancy Centers, Inc., - F.3d - (4th Cir. 2003)
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Click here for PDF... Alabama Supreme Court finds insufficient
contacts to support personal jurisdiction, rejecting the contention that a "computer database locator," which made
available to dealers in Alabama vehicle inventory data for dealers in other states, Calling the database nothing
more than an electronic billboard for posting information, and noting the absence of advertising or other sales
efforts targeting Alabama residents, the Court found an absence of jurisdiction.
- Case v. Alexander Dodge Chrysler Plymouth, Inc., - 2003 WL 22113762 (Ala.. Sept. 12, 2003)
Top of Page Hawaii Supreme Court finds a lack of personal
jurisdiction despite nationwide advertising and advertising on an Internet website that could be viewed in Hawaii.
- Norris v. Six Flags Theme Parks, Inc., - 74 P 3d 26 (Ha. Aug. 7, 2003)
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Click here for PDF... Minnesota Court of Appeals affirms the denial
of a motion to dismiss for lack of personal jurisdiction.. Jurisdiction was supported mainly by a contract that had
a substantial connection to Minnesota. An interactive web site that allowed visitors to run personalized
demonstrations of products did not support jurisdiction, since visitors could not purchase products using the web
site.
- Croix Retail, Inc. v. Logiciel, Inc., - 2003 WL 22181537 (Minn. Ct App. Sept. 23, 2003)
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Click here for PDF... Texas Court of Appeals affirms dismiss for
lack of personal jurisdiction Jurisdiction could not be based on web site, which, although interactive, did not
demonstrate sufficient minimum contacts with Texas.
- Reiff v. Roy, - 2003 WL 21920362 (Tx, Ct. App. Aug 13, 2003)
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Click here for PDF... Privacy .. Ninth Circuit affirms summary judgment for
defendants in action raising claims relating to invasion of privacy and identity theft by Internet dating service,
finding that the host of the site was not an "information content provider" within the meaning of the Communications
Decency Act, since it merely facilitated the expression of information by individual users
- Carafano v. Metrosplash.com, Inc., 339 F.3d 1119 (9th Cir. 2003)
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Click here for PDF... Interception of private information by use
of "cookies" by web-monitoring corporation violated Electronic Communications
Privacy Act - In re Pharmatrak, Inc. Privacy Litigation, 329 F.3d 9 (1st Cir. 2003)
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Click here for PDF... (errata sheet from court)...Click Here for PDF... |
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