Judge spanks Mugshots.com hard for charging for photo removal

12 10 2017

Websites that publish mug shots and charge for their removal have defeated one lawsuit after the other, claiming First Amendment protection. But that defense to this shady industry may be about to burst. That’s because a federal judge, ruling on a lawsuit by several arrestees suing Mughshots.com, just approved a novel class-action. It’s one that takes legal advantage of the site’s practice of displaying advertising links to paid removal services that the lawsuit claims are owned by Mugshots.com.

US District Judge Sharon Johnson Coleman of Chicago didn’t go so far as to say this vile practice amounted to extortion, as alleged. Instead, she ruled (PDF) that this likely amounted to a violation of the arrestees’ right of publicity because the site was using the mug shots as actual advertisements for the paid removal service.

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The content in this post was found at https://arstechnica.com/tech-policy/2017/09/mugshot-website-must-face-class-action-for-charging-to-remove-photos/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Apple failed to block Swatch’s attempt to acquire the trademark for Steve Jobs’ catchphrase ‘one more thing’

12 10 2017

The Swiss watchmaker Swatch’s effort to acquire the trademark for “SWATCH ONE MORE THING” has run in to opposition from Apple, which argues the phrase ‘one more thing’ is closely associated with the software giant’s founder Steve Jobs. During Apple press events, Jobs was known to precede new product announcements and introductions with the phrase “there is one more thing” in his keynote addresses. The “one more thing” prelude became a fixture at Apple events… Immediately after the JPO granted protection to the trademark, Apple filed an opposition in May 19, 2015 on the grounds that the trademark violates the main paragraph of Article 3(1) as well as 4(1)(vii), 4(1)(x), 4(1)(xv), and 4(1)(xix) of Japanese Trademark Law.

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The content in this post was found at http://www.ipwatchdog.com/2017/10/03/apple-failed-block-swatchs-trademark-steve-jobs-catchphrase-one-more-thing/id=87400/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Protecting Your Intellectual Property in the Internet of Things

12 10 2017

The Internet of Things (IoT) has been upon us for some time now, though many are just beginning to see it — the interconnected network of devices that increasingly surrounds us. We actually welcomed the first personal IoT device a while ago in the smart phone, a device whose functionality depends on its connection to a cellular network or the internet. Imagine the impact your phone has had many times over — with billions of interconnected smart devices — and you get a sense of the IoT’s expected scale… Unfortunately, protecting your IP in the IoT is likely to be both more complicated and lead to more patent infringement lawsuits than ever before.

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The content in this post was found at http://www.ipwatchdog.com/2017/10/05/protecting-intellectual-property-internet-of-things/id=88653/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



LinkedIn Files Opening Brief with Ninth Circuit in Closely-Watched Data Scraping Dispute with hiQ

12 10 2017

In a new development in an important scraping dispute, LinkedIn appealed the lower court’s decision to grant a preliminary injunction compelling LinkedIn to disable any technical measures it had employed to block the defendant’s data scraping activities.  LinkedIn’s brief was filed on October 3, 2017.  In it, LinkedIn asserts that the relevant issue is whether the lower court “erred as matter of law by holding—contrary to the CFAA’s unambiguous text and Circuit precedent—that LinkedIn could not invoke the CFAA after LinkedIn revoked hiQ’s access to its servers by sending a particularized cease-and-desist letter and imposing technical measures to block hiQ’s data-scraping bots.”

We will be watching the developments in this case closely.

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The content in this post was found at http://newmedialaw.proskauer.com/2017/10/05/linkedin-files-opening-brief-with-ninth-circuit-in-closely-watched-data-scraping-dispute-with-hiq/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Ninth Circuit Rejects Claim That Amazon’s Terms and Conditions Are an Unconscionable Contract

12 10 2017

In an unpublished opinion, the Ninth Circuit affirmed a lower court’s ruling that had sent a putative class action against Amazon over its pricing practices to arbitration, as per Amazon’s terms of service. (Wiseley v. Amazon.com, Inc., No. 15-56799 (9th Cir. Sept. 19, 2017) (unpublished)).  In finding that Amazon’s “Conditions of Use” were not unconscionable and presented in a reasonable manner, this holding differs from a Second Circuit decision from last year that declined to compel arbitration because reasonable minds could disagree regarding the sufficiency of notice provided to Amazon.com customers when placing an order through the website. (On remand, a New York magistrate judge ruled that the court should grant Amazon’s motion to compel arbitration on other grounds based upon the plaintiff’s constructive knowledge of the terms.)

 

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The content in this post was found at http://newmedialaw.proskauer.com/2017/10/05/ninth-circuit-rejects-claim-that-amazons-terms-and-conditions-are-an-unconscionable-contract/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.