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Immunity under CDA even if site solicits potentially negative comments

Winston & Strawn LLP
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USA
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January 8 2010

A website where consumers can post (typically negative) comments about businesses and their goods and services recently won an appeal in a case brought against it by a New York city car dealership, Nemet Chevrolet

More than $34 million in refunds issued following free trial offer

Winston & Strawn LLP
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USA
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January 27 2010

The Florida Attorney General has settled with FWM Laboratories, a dietary and health supplement marketing company, after consumers were unable to cancel free trial subscriptions before they began receiving bills

Social network application creator faces class action for alleged privacy violations

Winston & Strawn LLP
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USA
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January 25 2010

In a recent lawsuit filed in California against RockYou Inc., it is alleged that the company, makers of applications meant to be run on social networking websites, failed to take adequate steps to protect consumers' personally identifiable information, in violation of California unfair competition laws

N’Genuity sues Chick-fil-A over ad containing Bo Jackson

Winston & Strawn LLP
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USA
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August 2 2011

N'Genuity, a large food supplier of food products to the U.S. military, recently sued Chick-fil-A for trademark infringement and unfair competition

References to john dillinger in a video game do not violate Indiana right of publicity statute

Winston & Strawn LLP
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USA
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July 1 2011

A District Court in Indiana recently granted a summary judgment motion in a case against Electronic Arts, a popular video game manufacturer

Photographer sues UNICEF for copyright infringement

Winston & Strawn LLP
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USA
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July 19 2011

Photographer William Anthony sued UNICEF in the U.S. District Court for the Western District of Washington alleging that UNICEF infringed the copyright of a number of photos of celebrities that Anthony took for a UNICEF advertising campaign

Corporate officer may be personally liable for copyright infringement

Winston & Strawn LLP
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USA
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August 17 2011

Blue Nile, an online jewelry and diamond retailer, sued Ideal Diamond Solutions (IDS) for copyright infringement alleging that IDS used Blue Nile's copyrighted images on IDS' website and sought to hold IDS's founder, Larry Chasin, personally liable

Third Circuit affirms $18.9 million copyright infringement verdict for copying of business information

Winston & Strawn LLP
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USA
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July 20 2011

The Third Circuit Court of Appeals recently upheld a 2006 verdict against USI MidAtlantic, Inc. for $18.9 million plus $4.6 million in prejudgment interest stemming from a copyright infringement suit brought by competitor The Graham Company

“Penny auction” site must defend against class action fraud claims

Winston & Strawn LLP
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USA
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October 21 2011

The U.S. District Court for the Northern District of California recently ruled that BidRack, Inc., a "penny auction" website, must defend against claims of fraud, false advertising, unfair competition and breach of contract

CDA found inapplicable to use of names and likenesses in Facebook's sponsored ads

Winston & Strawn LLP
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USA
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February 10 2012

A putative class action was filed against Facebook alleging that Facebook unlawfully misappropriated the plaintiffs' names, photographs, and likenesses for use in paid "Sponsored Stories" without first obtaining the plaintiffs' consent

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