Landlord Liability For Tenants Trading In Counterfeit Goods
June 26, 2008
In addition to targeting counterfeiters, copyright and trademark holders have started going after commercial landlords whose tenants deal in fake merchandise. It is felt that this new strategy is needed in part because the counterfeiting retailers possess very few assets that can be seized and liquidated to compensate the copyright or trademark holder.
Did 'Roommates.com' Nix Consumer-Generated Content?
June 26, 2008
Section 230 of the Communications Decency Act essentially gives Internet service providers immunity from liability for publishing false or defamatory material as long as that material was provided by another party. In <i>Fair Housing Council of San Fernando Valley v. Roommates.com LLC</i>, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit affirmed an earlier ruling that a commercial roommate-matching service may be liable for violations of the Fair Housing Act because of the manner in which the site elicits information from prospective roommates.
I Signed WHAT?!
June 26, 2008
The typical e-commerce 'Terms and Conditions,' the electronic equivalent of the fine-print contract that governs use of a sales Web site, creates such an unfriendly shopping environment that it makes the legendary 'No soup for you!' restaurant of the television situation comedy Seinfeld seem like the Welcome Wagon. Although I have often written about how the law affecting e-commerce firms ordinarily follows traditional law, the common e-commerce contract stands in stark contrast. Consider the following clauses from actual online agreements obtained in April and May ' and whether you have ever seen anything comparable in any real-world store, much less these Web stores' real-world affiliates.
Franchisor's Non-Compete Upheld In New Jersey
June 26, 2008
A franchisor of tax preparation franchises was entitled to a 24-month injunction beginning from the time of the former franchisee's compliance with a non-competition covenant. <i>Jackson Hewitt Inc. v. Childress</i>, Bus. Franchise Guide (CCH) ' 13,849 (D. N.J., Jan. 22, 2008). The permanent injunction was ordered when the court granted the plaintiff franchisor's motion for summary judgment.
ANDA Litigation Discovery
May 29, 2008
Patent infringement litigation based on an Abbreviated New Drug Application ('ANDA') presents certain unique challenges to the discovery process. Unlike ordinary patent litigation, little if any information helpful to the patent owner is publicly available. Instead, the patent owner must rely on a well thought out discovery plan to obtain certain information from the ANDA applicant. Suggestions for designing such a plan are presented below.
He Who Steals My Trash Pays Cash?
May 29, 2008
In this rather odd sentencing case, the Eighth Circuit trashed the restitution order that had been imposed by the District Court for the District of North Dakota on janitorial supervisor James A. Chalupnik. <i>United States v. Chalupnik,</i> 2008 WL 268997 (8th Cir. Feb. 1, 2008). Here's a discussion of the case.
Key Pre-emption Ruling in Third Circuit
May 28, 2008
On April 8, 2008, the Third U.S. Circuit Court of Appeals issued a significant decision concerning the authority of federal regulatory agencies to pre-empt state tort claims, <i>Colacicco v. Apotex Inc.</i>, No. 6-5148.
