In A.V. v. iParadigms, LLC, 2009 U.S. App. LEXIS 7892 (4th Cir. Apr. 16, 2009), the Fourth Circuit concluded that the archiving of high school student term papers by a plagiarism detection service is protected by the fair use doctrine. Having so ruled, the appeals court did not address the district court’s analysis of the… Continue Reading
Monthly Archives: April 2009
Emerging Media Meets Common Law Writ in Federal Court. Result: No Webcasting for You!
Posted in Online ContentThe copyright lawsuits brought by record company plaintiffs to redress file-sharing have yielded many decisions of first impression. However, the recent ruling by the First Circuit in In re Sony BMG, Inc. (1st Cir. Apr. 16, 2009) is one of the few that is of interest not just to copyright litigators, but scholars of appellate… Continue Reading
Second Circuit Reverses in Rescuecom v. Google: AdWords Use of Trademark is a “Use in Commerce” under the Lanham Act
Posted in TrademarkThe Second Circuit decided to celebrate the one year anniversary of the oral argument in Rescuecom v. Google by issuing its long-awaited opinion. The court reversed the district court’s dismissal of the trademark owner’s Lanham Act claims, holding that "Google’s recommendation and sale of Rescuecom’s mark to Google’s advertisers, so as to trigger the appearance… Continue Reading
Clickwrapped and Browsewrapped – Court Rejects Attorney Plaintiff’s Challenge to Travel Site Terms and Conditions
Posted in ContractsCase law has developed over the years with respect to enforceability of Web site terms and conditions, and the general parameters are now pretty well understood. Courts will, in general, enforce online terms and conditions against consumer users, provided they are given adequate notice and an opportunity for review. There are numerous exceptions to the… Continue Reading