LexisNexis® Legal Newsroom
Mealey's IP/Tech - Georgia Federal Judge Grants Partial Relief In Hendrix Trademark Case

SAVANNAH, Ga. - Defendants - including Leon Hendrix, brother of the late Jimi Hendrix - who are connected with "Purple Haze Liquer" were enjoined by a Georgia federal judge on June 22 from using the word "jimi" in the names of their websites and on their social media profiles (Experience Hendrix LLC v. Tiger Paw Distributors LLC, No. 16-107, S.D. Ga.; 2016 U.S. Dist. LEXIS 81089).

Mealey's IP/Tech - 2nd Circuit Amends Injunction In Trademark Dispute

NEW YORK - Although agreeing with a New York federal judge that a trademark plaintiff is entitled to permanent injunctive relief, the Second Circuit U.S. Court of Appeals on June 13 found that the relief ordered is insufficient to protect the public from confusion going forward (Guthrie Healthcare System v. ContextMedia Inc. and Rishi Shah, Nos. 14-3343 & 14-3728, 2nd Cir.; 2016 U.S. App. LEXIS 10662).

Mealey's Litigation Procedure - Finland Chamber Of Commerce Issues Award In Shareholder Dispute

HELSINKI - A Helsinki media company on June 8 announced that a Finnish arbitration panel has rendered an award in a shareholders dispute.

Mealey's IP/Tech - PTAB: Content Aggregation Patent Likely Invalid Under Section 101

ALEXANDRIA, Va. - A petition for covered business method (CBM) review of a patent directed to the aggregation of content from multiple providers, which is then repackaged and redistributed, was granted by the Patent Trial and Appeal Board (PTAB) on May 9 (iHeartMedia Inc. v. Impulse Radio LLC, No. CBM2016-00010, PTAB).

Mealey's Insurance - Judge Compels Arbitration In Hong Kong And Stays Excess Insurance Coverage Case

NEW YORK - A federal judge in New York on April 25 granted a group of excess insurers' motions to compel arbitration of a coverage dispute in Hong Kong (China MediaExpress Holdings, Inc., by Karl P. Barth as Receiver v. Nexus Executive Risks, Ltd., et al., No. 15-cv-8429, S.D. N.Y.).

Mealey's IP/Tech - 10th Circuit Affirms Safe Harbor Finding In Copyright Case

DENVER - A defendant was correctly deemed entitled to safe harbor immunity under the Digital Millennium Copyright Act (DMCA) on allegations that it infringed copyrights by displaying 75 celebrity photographs on its website at www.Examiner.com, the 10th Circuit U.S. Court of Appeals ruled April 25 (BWP Media USA Inc. v. Clarity Digital Group LLC, No. 15-1154, 10th Cir.; 2016 U.S. App. LEXIS 7406).

Mealey's IP/Tech - Delaware Federal Judge Rules Against Apple In Patent Dispute

WILMINGTON, Del. - Following a denial of an infringement plaintiff's petition for certiorari and a partial remand by the Federal Circuit U.S. Court of Appeals, a Delaware federal judge on April 11 denied efforts by Apple Inc. to invalidate a reissue patent (MobileMedia Ideas LLC v. Apple Inc., No. 10-258, D. Del.; 2016 U.S. Dist. LEXIS 48091).

Mealey's Litigation Procedure - Google, Oracle Asked To Refrain From Online Jury Member Search In Retrial

SAN FRANCISCO - In a March 25 order leading up to a copyright retrial, a California judge championed the benefits of instituting a ban preventing the counsel of Oracle America Inc. and Google Inc. from running Internet and social media searches on potential jurors, stressing a need to protect jurors' privacy (Oracle America, Inc. v. Google, Inc., No. 3:10-cv-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 39675).

Mealey's IP/Tech - Google, Oracle Asked To Refrain From Online Jury Member Search In Retrial

SAN FRANCISCO - In a March 25 order leading up to a copyright retrial, a California judge championed the benefits of instituting a ban preventing the counsel of Oracle America Inc. and Google Inc. from running Internet and social media searches on potential jurors, stressing a need to protect jurors' privacy (Oracle America, Inc. v. Google, Inc., No. 3:10-cv-03561, N.D. Calif.; 2016 U.S. Dist. LEXIS 39675).

Mealey's IP/Tech - Administrative Law Judge Finds Chipotle's Social Media Policy Violates Labor Act

PHILADELPHIA - An administrative law judge (ALJ) on March 14 ruled that Chipotle Services LLC's (doing business as Chipotle Mexican Grill) social media code violates the National Labor Relations Act (NLRA) and that the fast food chain committed further violations by directing an employee to delete certain tweets, prohibiting the employee from circulating a petition challenging the chain's break policy and terminating the employee for his actions (Chipotle Services LLC d/b/a Chipotle Mexican Grill and Pennsylvania Workers Organizing Committee, a Project of the Fast Food Workers Committee, Nos. 04-CA-147314 and 04-CA-149551, NLRB Judges Div.).

Mealey's Labor & Employment - Administrative Law Judge Finds Chipotle's Social Media Policy Violates Labor Act

PHILADELPHIA - An administrative law judge (ALJ) on March 14 ruled that Chipotle Services LLC's (doing business as Chipotle Mexican Grill) social media code violates the National Labor Relations Act (NLRA) and that the fast food chain committed further violations by directing an employee to delete certain tweets, prohibiting the employee from circulating a petition challenging the chain's break policy and terminating the employee for his actions (Chipotle Services LLC d/b/a Chipotle Mexican Grill and Pennsylvania Workers Organizing Committee, a Project of the Fast Food Workers Committee, Nos. 04-CA-147314 and 04-CA-149551, NLRB Judges Div.).

Mealey's IP/Tech - Federal Circuit Affirms: Facebook Not Liable For Patent Infringement

WASHINGTON, D.C. - A Virginia federal judge did not err in confirming a jury's verdict of patent noninfringement in favor of defendant Facebook Inc., the Federal Circuit U.S. Court of Appeals concluded Feb. 25 (Rembrandt Social Media L.P. v. Facebook Inc., No. 14-1812, Fed. Cir.; 2016 U.S. App. LEXIS 3287).

Mealey's Securities/D&O Liability - Vivendi To Pay $775M To Settle Securities Suit Over USA Networks Acquisition

NEW YORK - Vivendi Universal S.A. has agreed to pay $775 million to Liberty Media Corp. to settle claims that Vivendi misrepresented its dire financial condition in order to push through a proposed merger deal with Liberty Media in violation of federal securities law, according to a press release issued Feb. 26 (Liberty Media Corp., et al. v. Vivendi Universal S.A., et al., No. 03-2175, S.D. N.Y.).

Mealey's IP/Tech - On Remand From Federal Circuit, Judge Sides With Patent Defendants

NEW YORK - Two counterclaim defendants won a summary judgment Feb. 22 of patent ineligibility under 35 U.S. Code Section 101, when a New York federal judge agreed that the invention asserted in the action - a method for correlating the advertisements that consumers view with their purchasing behavior - claims an abstract idea under Alice Corp. v. CLS Bank (134 S. Ct. 2347, 2354 [2014]) (TNS Media Research LLC, et al. v. TRA Global Inc., No. 11-4039, S.D. N.Y.; 2016 U.S. Dist. LEXIS 21218).

Mealey's Toxic Tort/Environmental - Proposed Preamble In Tobacco Case Adopted By D.C. Federal Judge

WASHINGTON, D.C. - Efforts by four cigarette manufacturers to revisit the majority of corrective statements for dissemination to the media already endorsed by the District of Columbia Circuit U.S. Court of Appeals were rejected by a District of Columbia federal judge Feb. 8 as "ridiculous" and a "waste of precious time, energy and money" (United States, et al. v. Philip Morris USA Inc., et al., No. 99-2496, D. D.C.; 2016 U.S. Dist. LEXIS 14744).

Mealey's IP/Tech - Magistrate Finds No Evidence Doe Defendant Downloaded Copyrighted Adult Films

CHICAGO - An adult entertainment firm failed to provide evidence that an accused defendant downloaded and shared 24 of its copyrighted movies, an Illinois federal magistrate judge ruled Feb. 8, granting the defendant's motion for summary judgment (Malibu Media LLC v. John Doe, No. 1:13-cv-06312, N.D. Ill.; 2016 U.S. Dist. LEXIS 14798).

Mealey's Antitrust/Unfair Competition - Indianapolis Firm Sues Over Use Of 'Verge' Trademark, Domain

INDIANAPOLIS - A provider of online content and services filed a trademark infringement suit against a competitor in Indiana federal court on Jan. 29, asserting that the defendant's use of the trademark "Verge" violated its common-law and federal rights in the mark (Indy Founders LLC v. Vox Media Inc., et al., No. 1:16-cv-00265, S.D. Ind.).

Mealey's IP/Tech - Indianapolis Firm Sues Over Use Of 'Verge' Trademark, Domain

INDIANAPOLIS - A provider of online content and services filed a trademark infringement suit against a competitor in Indiana federal court on Jan. 29, asserting that the defendant's use of the trademark "Verge" violated its common-law and federal rights in the mark (Indy Founders LLC v. Vox Media Inc., et al., No. 1:16-cv-00265, S.D. Ind.).

Mealey's IP/Tech - California Judge Dismisses Copyright Claims, But Grants Leave to Amend

SAN FRANCISCO - Although finding that portions of a plaintiff's hypertext markup language (HTML) code meet the requisite level of creativity to be copyrightable, a California federal judge on Jan. 12 nonetheless granted dismissal of an infringement complaint (Media.net Advertising FZ-LLC v. Netseer Inc., No. 14-3883, N.D. Calif.; 2016 U.S. Dist. LEXIS 3784).

Mealey's Litigation Procedure - Federal Judge Precludes Testimony In Class Action Suit Against Cable Company

CENTRAL ISLIP, N.Y. - A media and entertainment industry expert may not testify on damages suffered by cable subscribers because his testimony erroneously amounts to legal conclusions, a New York federal judge ruled Dec. 28, excluding the testimony in a class action lawsuit against Cablevision Systems Corp. (Theodore Pearlman, et al. v. Cablevision Systems Corp., No. 10-4992, E.D. N.Y.; 2015 U.S. Dist. LEXIS 172080).

Mealey's IP/Tech - Judge Dismisses UCL And Dating Contract Law Claims Against Grindr

SAN DIEGO - A California federal judge on Dec. 15 granted a motion filed by the owner of a dating social media network application to dismiss claims asserted by a user for violation of California's unfair competition law (UCL) and Dating Service Contracts Act (DSCA) but permitted him leave to amend the complaint (Mark Howell, individually and on behalf of all others similarly situated, v. Grindr LLC, No. 15cv1337, S.D. Calif.; 2015 U.S. Dist. LEXIS 167669).

Mealey's Antitrust/Unfair Competition - Judge Dismisses UCL And Dating Contract Law Claims Against Grindr

SAN DIEGO - A California federal judge on Dec. 15 granted a motion filed by the owner of a dating social media network application to dismiss claims asserted by a user for violation of California's unfair competition law (UCL) and Dating Service Contracts Act (DSCA) but permitted him leave to amend the complaint (Mark Howell, individually and on behalf of all others similarly situated, v. Grindr LLC, No. 15cv1337, S.D. Calif.; 2015 U.S. Dist. LEXIS 167669).

Mealey's IP/Tech - Former File-Sharing Defendant Defends Attorneys' Sanctions, Awards To 7th Circuit

CHICAGO - A man that had previously been the defendant in an adult entertainment firm's copyright infringement suit told the Seventh Circuit U.S. Court of Appeals in his Nov. 30 appellee brief that a trial court properly sanctioned two of the firm's attorneys for obstructing discovery and for making misleading statements regarding their ability to pay previously issued sanctions against them (Lightspeed Media Corp., et al. v. Anthony Smith, et al., No. 15-2440, 7th Cir.).

Mealey's Litigation Procedure - Gawker Seeks To Compel State Department Affidavits In Clinton Emails FOIA Suit

WASHINGTON, D.C. - In light of the provision of previously unknown and possibly responsive records pertaining to its Freedom of Information Act (FOIA) lawsuit seeking to compel communications related to Hillary Clinton's use of a personal email account during her tenure as secretary of State, news and entertainment media website operator Gawker Media LLC moved in District of Columbia federal court on Nov. 18 to compel affidavits from certain government personnel regarding the email use and record production of former Deputy Assistant Secretary of State Philippe Reines (Gawker Media LLC, et al. v. Department of State, No. 1:15-cv-00363, D. D.C.).

Mealey's Antitrust/Unfair Competition - Vizio Hit With Class Actions Over Tracking Software On Smart TVs

SAN FRANCISCO - A Los Angeles woman on Nov. 13 filed a putative class action against Vizio Inc. in California federal court, alleging violation of the federal Video Protection Privacy Act (VPPA) through the inclusion of tracking software in Vizio's "high-definition and internet connected televisions (smart TVs) (Palma Reed v. Cognitive Media Networks Inc., et al., No. 3:15-cv-05217, N.D. Calif.).