Category Archives: Cases

Awarding of Attorneys Fees for Copyright Cases Not Automatic

In addition to their costs, the prevailing party in a copyright case may also seek recovery of their attorneys fees, provided that the requirements of the Act are otherwise met. See 17 U.S.C. Section 505, which provides as follows: § 505. Remedies for infringement: Costs and attorney’s fees In any civil action under this title,… Continue Reading

Standing under the CAN-SPAM Act

The CAN-SPAM Act (15 U.S.C. 7701, et seq.) provides a private cause of action for providers of an Internet access service to use against spammers, in addition to the enforcement of the Act by the FTC, states, and other government entities. In order to have standing to bring a case, however, a private plaintiff must… Continue Reading

General Media v. Crazy Troll: Not reverse domain name hijacking to bring ACPA case for expired domain

General Media Communications, Inc. v. Crazy Troll, LLC (No. 06 Civ. 40581 LAKFM, Order re: partial summary judgment, January 16, 2007), 2007 WL 102988 (S.D.N.Y.) Plaintiff, General Media, is the publisher of Penthouse magazine.  At one time, it owned the domain name penthouseboutique.com, but its bankruptcy trustee allowed it to lapse.  General Media still has… Continue Reading

Recent “Phishing” conviction in California

A California man was recently convicted of a “phishing” scam.  Specifically, Mr. Goodin’s conviction is based upon violations of the CAN-SPAM act (15 U.S.C. §§ 7701 et seq.), as well as 10 additional counts, including wire fraud, misuse of the AOL trademark, and attempted witness harassment. The article here at Mercury News makes a big… Continue Reading

Butera & Andrews v. IBM – Employer not liable for intentional hacking by unknown IBM employee

Butera & Andrews v. International Business Machines Corporation, 456 F.Supp.2d. 104, (1:06-CV-647, D. of Columbia, Order granting Motion to Dismiss, October 18, 2006.) Plaintiff Butera & Andrews is a law firm that specializes in federal government relations and litigation. It detected unauthorized intrusions into its computer systems in November of 2005. Security consultants tracked the… Continue Reading

Court orders TRO against site selling discount coupons for Northwest Airlines

Northwest Airlines, Inc. v. Bauer; 06 CV 086, D. North Dakota. Order granting temporary restraining order, December 15, 2006. Plaintiff is Northwest Airlines, the 5th largest U.S. air carrier with a family of NORTHWEST marks. It offered special coupons called E-Certificates as a courtesy to passengers who suffer from delays or other service interruptions. The… Continue Reading