Author Archives: Jake McGowan

Lindsay Lohan Loses Publicity Rights Claim Against Pitbull Over Song Lyrics – Lohan v. Perez

Lohan v. Perez, No. 11-CV-5413 (E.D.N.Y. 2013) Lindsay Lohan just can’t catch a break. In 2007, after a string of unsuccessful movies and a long battle with substance abuse, Lohan found herself on probation for two drunk driving incidents. Since then she has had multiple stints in rehab, probation violations, and other legal trouble stemming […]

Update: Facebook Countersues Profile Technology For Contract Breach–Facebook v. Profile Technology

Facebook, Inc. v. Profile Technology, Ltd., C 13-0459 (N.D. Cal. complaint filed Feb. 1, 2013) Back in December, we blogged about a suit brought by Profile Technology against Facebook, alleging that Facebook had breached an agreement that had allowed Profile Technology to aggregate the social network’s user information. That case is still pending, but now Facebook is […]

Anti-Scraping Lawsuits Are Going Crazy in the Real Estate Industry

The real estate listings industry has become increasingly concerned with competitive “scraping” by multiple listing service websites. After all, MLS owners make money by exploiting an information asymmetry–they charge participating brokers and agents for access to the database listings. If a website legally scrapes and distributes the MLS’s data, it destroys the valuable information asymmetry and thus […]

Search Engine Developer Sues Facebook for Disallowing Access to User Data — Profile Technology v. Facebook

  Profile Technology, Ltd. v. Facebook, Inc. (Complaint) Web developers sometimes try to enhance the functionality of an already-popular social network. But this typically requires permission to access the social network’s information, which is not always easy to get or maintain. (See, e.g., Eric’s discussion about Craigslist’s cutoff of Padmapper). In October, a developer sued Facebook for […]

District Court Smacks Down Another “Avatar” Copyright Infringement Claim — Schkeiban v. Cameron

Schkeiban v. Cameron, No. 2:12-cv-00636 (C.D. Cal. 2012) As of this post, James Cameron’s movie Avatar has grossed roughly $2.78 billion. And as the old saying goes, “where there’s a hit, there’s a writ.” Given the film’s financial success, several eager plaintiffs have come out of the woodwork to sue Cameron for copyright infringement. But […]

Overreaching Anti-Circumvention Claim Shut Down–DISH Network v. World Cable

By Jake McGowan Dish Network L.L.C., et al, v. World Cable Inc., 11-CV-5219 (E.D.N.Y. 2012) In the hopes of ratcheting up damages, plaintiffs often try to assert any possible claim in their arsenal. In the realm of copyright law, this may involve asserting DMCA claims against the dirty, rotten infringers, even though the alleged infringement […]

Improperly Designating Fashion Designs as “Unpublished” May Invalidate Copyright Registration–Family Dollar Stores v. United Fabrics

By Jake McGowan Family Dollar Stores, Inc., v. United Fabrics International, Inc., No. 11 Civ. 2574 (S.D.N.Y. 2012) A few weeks ago, we blogged about whether websites are “published” for copyright law purposes in Rogers v. BBB of Metropolitan Houston. While that decision lacked a definitive answer relating to the status of websites, it reinforced […]