Legal Threat

Merrill Lynch to Financial Blogger: Don't Quote Our Bearish Reports

Felix Salmon of Reuters reports that the pseudonymous lead blogger behind the financial blog Zero Hedge received DMCA takedown notices for six posts that cited or excerpted from Merrill Lynch reports authored by Merrill's former chief economist, David Rosenberg.  According to Salmon, Zero Hedge is "an insider financial blog whose writers believe the worst of the mel

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Craigslist Dropping 'Erotic Services' Section, No Word On Whether State AGs Will Drop Their Bullhorns

The Associated Press is reporting that craigslist has decided to replace the "erotic services" section of its site with a new adult category that will be reviewed by craigslist staff (craigslist just issued a statement confirming the change).  The decision follows several months of pressure from officials in a number of states who have been trying to force the onlin

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Orlando Police Chief v. The First Amendment

There aren't too many elected officials in Flori-duh that I respect. Orlando Police Chief Val Demings, used to be one of the select few. She hasn't done a perfect job, and had a particularly embarrassing incident in which her gun was stolen. Nevertheless, my general impression of her has been that she is competent and ethical.

Not anymore.

Val Demings vs. the First Amendment

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Blogger Threatened Over Ballot Photo As 19th Century Laws Meet 21st Century Technology, Sensibility

As noted in the Documenting Your Vote section of CMLP's Legal Guide, several states have laws prohibiting voters from displaying their ballots to someone else.

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Restaurant Girl Parody Leads to Twitter Trademark Tussle

Celebrities and popular artists, like other public figures, face a tough road if they want to sue someone for making fun of them.  Many know that fair use places a high legal burden on authors and artists who bring copyright claims against those who parody them or their work.  Lesser known -- but equally important -- is that parodies receive strong protection against trademark<

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StubHub Unsuccesfully Invokes Section 230 Defense in Lawsuit by New England Patriots

Back in November 2006, the New England Patriots went on the offense and filed a lawsuit against StubHub Inc., one of the largest online ticket resellers, claiming that the company encourages fans to violate Massachusetts' anti-scalping laws and the team's prohibition against reselling tickets.  The lawsuit, filed in Suffolk Superior Court, also named as defendants two local residents and 50 "John Does," who allegedly resold the

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Phoenix Police Raid Local Blogger Who Runs "Bad Phoenix Cops" Blog

Last month, Phoenix police raided the home of Jeff Pataky, a blogger who runs Bad Phoenix Cops, a blog that, not surprisingly, has been highly critical of the Phoenix Police Department.  According to The Arizona Republic, Pataky's home was raided by ten Phoenix police officers who handcuffed his girlfriend for three hours while they conducted the raid.  "We have heard internally from our police sour

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Woman Files Lawsuit Against Debt Collector Over Posting on MySpace

In what appears to be the first lawsuit related to debt collection activities on a social network, a Michigan woman is suing two debt collection agencies and their principals for violating the federal Fair Debt Collection Practices Act for, among other things, posting information about her indebtedness on her MySpace page.  The laws

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Yes, You Should Have Hired a Trademark Attorney...

Another day, another cautionary tale about how staying at a Holiday Inn Express doesn’t qualify you to practice law.

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Cook County Sheriff Sues Craigslist for Creating a "Public Nuisance"

Last Thursday, Thomas Dart, the Sheriff of Cook County, Illinois, filed a lawsuit against online classified site Craigslist, claiming that the site is a "public nuisance" because its users post ads in the "erotic services" category that facilitate prostitution.  Yes, you read that correctly.  The top law enforcement officer in Cook County is using a civil lawsuit to go after Craigslist because he believes users of the si

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