New Media and Technology Law Blog

Tag Archives: secondary liability

Service Provider’s Intent in Removing Positive Reviews Irrelevant in Assessing Availability of CDA Section 230 Protection

A lawsuit against consumer review site Yelp! has yielded an opinion that demonstrates the breadth of the protection afforded interactive service providers under Section 230 of the Communications Decency Act. In Levitt v. Yelp! Inc., 2011 U.S. Dist. LEXIS 124082 (N.D. Cal. Oct. 26, 2011), a group of putative class action plaintiffs filed an action … Continue Reading

New York High Court Splits on Applicability of Communications Decency Act Section 230 to Online Forum Operator

A divided New York Court of Appeals ruled on June 14, 2011, that an online forum administrator’s additions to an allegedly defamatory post by a user are protected by Section 230 of the Communications Decency Act. Shiamili v. The Real Estate Group of New York, Inc., No. 105, (N.Y. June 14, 2011). This is the … Continue Reading

Jury Returns Contributory Trademark Infringement Verdict against Web Site Hosting and SEO Services Provider for a Client’s Sales of Counterfeit Golf Clubs

A recent jury verdict of $770,750, in statutory damages for secondary trademark infringement against Bright Builders, a Web hosting and SEO service provider, will serve as a reminder to service providers that there is no statutory safe harbor for contributory online trademark infringement. Unlike  the copyright infringement safe harbor provisions in the Digital Millennium Copyright … Continue Reading

Credit Card Services Firms with Knowledge of Sales of Infringing Merchandise May Be Liable for Trademark Infringement

In Gucci America, Inc. v. Laurette Co. No. 1:2008cv05065 (S.D.N.Y.), the luxury goods manufacturer succeeded in shutting down a Web site called "TheBagAddiction.com" through which the defendants sold counterfeit Gucci handbags. In fact, the defendants consented to the entry of judgment and admitted liability for trademark infringement. In a subsequently filed action, Gucci America, Inc. … Continue Reading
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