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Recent rulings of interest to you and your practice.
Features
Web Arbitration Clause Before Purchase Does Not Cancel Unconscionability<br>Web Host Gets CDA Immunity for Alleged Defamatory Site Content <br>Game 'Cheat' Software Circumventing Security Does Not Violate DMCA<br>Late Option Exercise Under License Not Excused on Equitable Grounds <br>Print-on-Demand Publisher Not Liable for Alleged Defamatory Book
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Many state franchise or distributor statutes contain provisions that purport to limit the enforceability of waivers or releases signed by dealers or franchisees. The restrictions on waivers are often justified on claimed "inequality of power" between the manufacturer or distributor and franchisee. One court recently struck a blow in favor of manufacturers and distributors in upholding a waiver even though part of the statute expressly referenced restrictions on certain waivers.
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In only a few short months, franchisors must choose whether to register a top-level domain (TLD) that corresponds with the franchisor's trademark or company name. Similar to current TLDs .com, .net, and .org, new TLDs like .hilton, .coke, or .merrilllynch will be available. A franchisor's choice must balance potentially significant commercial, advertising, and security opportunities with substantial financial and technological investment.
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cyberspace enables anyone willing to spring for a domain name and pay an Internet service provider $15 a month to become a "publisher." And even better for these latter-day Horace Greeleys, they can corral a limitless number of "reporters" without paying one red cent. Small wonder that blogging has become a force of mainstream media. Indeed, blog owners basically need only to grant anonymity to those who post to their Web sites.
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This article explores a social networking site user's right to privacy, an adversary's right to obtain information from that site, and the admissibility of the information.
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Crew Member Injury/Employee Status<br>Merchandising Rights/Film Remakes<br>Trademark Infringement/First Amendment Defense
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A magistrate for the U.S. District Court for the Central District of California decided that a copyright and trademark infringement defendant couldn't file an impleader action against his former lawyer for secondary or derivative liability.
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The U.S. District Court for the Southern District of Indiana grant- ed a defendant's motion to transfer to New York federal court a suit over the alleged unauthorized use of the names and likenesses of legendary baseball players, including Lou Gehrig, Thurman Munson and Jackie Robinson.