Update: Social Network Privacy Settings Still Mean Nothing in New York
This post is an update to our August 27th post where we reported that a District Court in California held that privacy settings on Facebook and MySpace do actually matter.
Court Rules on Social Media Sites' Privacy Settings
On May 26th, the U.S. District Court for the Central District of California ruled that, under the Stored Communications Act of 1986, postings to a user’s Facebook “wall” (and, similarly, to the “comments” page on MySpace – although nobody actually uses MySpace anymore) are considered private so long as the user has his privacy settings set such that only “friends” can see his wall postings.
Supreme Court's Ruling in American Needle Creates Uncertainty Over Future of NFL Licensing
In a landmark decision, released (coincidentally?) on the first day of the International Trademark Association’s Annual Meeting, the U.S. Supreme Court held, in American Needle, Inc. v. National Football League, that the NFL’s licensing activities are covered by Section 1 of the Sherman Antitrust Act which prohibits “every contract, combination in the form of a trust or otherwise, or, conspiracy, in restraint of trade.” As a result, the NFL will now be required to demonstrate, on remand, that such activities comport with the so-called “Rule of Reason.”
Does The North Face Have Its Head in Its Butt?
You may have heard that on Thursday, December 10th, The North Face Apparel Corp. (home page here) sued 19-year old entrepreneur (and, apparently, amateur comic) Jimmy Winkelmann in a Missouri District Court for trademark infringement arising out of a parody Mr. Winkelmann created out of The North Face’s rather well known logo.
Topics
- Evidence
- E-Discovery
- E-Discovery Case Law
- Trademark
- Privacy
- Social Media
- Credit CARD Act
- Logos
- Branding
- Marketing
- Intellectual Property
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