E-Commerce Law

Website Insufficient to Establish Personal Jurisdiction in Hot Diaper Case

On March 25, 2010, the United States Court of Appeals for the First Circuit affirmed a lower court’s dismissal of a medical malpractice suit for lack of personal jurisdiction.  Cossaboon v. Maine Medical Center, 2010 WL 1078342 (C.A.1 (N.H.)). In June, 2008, Amanda Cossaboon filed a medical malpractice action against the Maine Medical Center (“MMC”) after an employee burnt her newborn daughter’s foot with a hot, wet diaper.Cossaboon filed suit in New Hampshire state court, but MMC removed the action to federal court and subsequently moved to dismiss the action for lack of personal jurisdiction.

E-Commerce Law Briefs: Week of March 22, 2010

The recent alleged Chinese cyber attacks on Google have prompted the U.S. government to consider establishing an ambassador-level cybersecurity post and to tie foreign aid to a country's ability to curb cybercrime.

A new government report concludes that taxpayer data held by the IRS may be at risk.

Los Angeles is cutting taxes on Internet-based business amid threats that some of those businesses might leave the city.

Each weekend, E-Commerce Law Briefs provides a brief summary and commentary on recent legal news affecting e-commerce businesses.

"No Meat" in Quiznos' Motion for Summary Judgment

On February 19, 2010, the United States District Court for the District of Connecticut denied Quiznos’ motion for summary judgment on Subway’s suit for false and deceptive advertising in violation of the Lanham Act, along with state law claims for commercial disparagement and violation of the Connecticut Unfair Trade Practices Act.  Doctor's Associates, Inc. v. QIP Holders, LLC., 2010 WL 669870 (D. Conn.). The case arises out of Quiznos’ advertising campaign to introduce their “double meat” line of sandwiches. The advertising campaign involved an internet-based contest and two national television commercials that compared certain “double meat” Quiznos sandwiches to certain Subway sandwiches.  Quiznos claimed that its new line of sandwiches had “two times the meat” of comparable Subway sandwiches.

E-Commerce Law Briefs: Week of March 15, 2010

More states are considering forcing e-commerce sites to collect sales tax.  Since we last addressed the issue, Maryland legislators have taken testimony relevant to a bill that would require websites who employ local marketing affiliates to collect sales tax in the state.  Last month, Colorado passed a law that requires e-commerce sites to either collect sales tax or share information with the state about purchases made by residents.

The Federal Bureau of Investigation reports that the cost of Internet fraud doubled in 2009 to $560 million.  In related news, a recent report indicates that data breaches are heaviest in the hotel industry.

A recent report has named China, Cuba, Iran , North Korea, and Saudi Arabia among the "enemies of the Internet."

MySpace is selling users' information to third parties ranging from academics to marketers.  "The data will include any activity or information that is attached to an account. That includes blog posts, location, photos, reviews, and status updates-among others. . . .Of course, MySpace is perfectly within its rights to [do so], because it legally owns the data and the server logs. Users wave their right to privacy in exchange for free Web hosting and access to its social features."

A new virus designed to steal banking passwords is targeting Facebook's 400 million users.

The Obama administration has considered sending federal law enforcement agencies undercover on social networking sites, including Facebook MySpace, and Twitter.

Each weekend, E-Commerce Law Briefs provides a brief summary and commentary on recent legal news affecting e-commerce businesses.

Photo Credit:  http://www.flickr.com/photos/houseofsims/ / CC BY-NC 2.0

Federal Court Dismisses Internet Defamation Lawsuit for Lack of Personal Jurisdiction Where Defamation Was Not “Expressly Aimed” at the Forum State

On February 3, 2010, the United States District Court for the District of Arizona dismissed a defamation complaint for lack of personal jurisdiction where the defendant published on a website an allegedly defamatory article about the plaintiffs, who reside in Arizona.  Xcentric Ventures LLC v. Bird, ___ F. Supp. 2d ___, 2010 WL 447759 (D. Ariz. Feb. 3, 2010).  Even though the defendants intentionally published the article and it could perhaps be proven that defendants were aware that the plaintiffs resided in Arizona, the Arizona court was unable to exercise specific personal jurisdiction over the defendant because the allegedly defamatory act was not “expressly aimed” at the state of Arizona.

E-Commerce Law Briefs: Week of March 8, 2010

Apparently, the Internet is among the 237 individuals and organizations who have been nominated for a Nobel Peace Prize.

Nearly four out of every five people in the world believe that Internet access is a fundamental right.

Each weekend, E-Commerce Law Briefs provides a brief summary and commentary on recent legal news affecting e-commerce businesses.

E-Commerce Law Briefs: Week of March 1, 2010

The White House has released a summary of the Comprehensive National Cybersecurity Initiative, which includes an expansion of a classified Internet monitoring system called Einstein.  In what we're sure is unrelated news, the Director of the Federal Bureau of Investigation has warned of a "rapidly expanding" threat of cyberterrorism.

Amidst growing concerns over cybersecurity, the United States military has officially authorized the use of social networking services on government computers.

A United States District Court has reserved its ruling on a controversial $9.5 million settlement of a class action lawsuit against Facebook stemming from its Beacon service.

Each weekend, E-Commerce Law Briefs provides a brief summary and commentary on recent legal news affecting e-commerce businesses.

Photo Credit:  http://www.flickr.com/photos/afagen/ / CC BY-NC 2.0

E-Commerce Law Briefs: Week of February 22, 2010

Last week, Microsoft sent a DMCA notice to Network Solutions complaining about cryptome.org, a website which "welcomes documents for publication that are prohibited by governments worldwide, in particular material on freedom of expression, privacy, cryptology, dual-use technologies, national security, intelligence, and secret governance -- open, secret and classified documents -- but not limited to those."  Network Solutions shut down the website, causing an uproar among civil libertarians.  Now, Microsoft says it didn't intend to close the site, just have the site remove a copy of the company's "spy guide."

A judge in California has dismissed a defamation suit brought by Magic Jack, maker of a USB dongle for Voice Over Internet (VOIP) service, against Boing Boing.  The Court "ruled that Magic Jack's complaint -- about a Boing Boing item that accused Magic Jack of being a "snoop" because it planned to serve ads based on phone numbers users called -- was barred by California's broad anti-SLAPP (strategic lawsuits against public participation) statute. That law provides for a quick dismissal of lawsuits that are aimed at squelching debate about matters of public interest. Adams also ordered Magic Jack to pay Boing Boing more than $50,000 in attorneys' fees and court costs, the Web publisher announced today. "

Each weekend, E-Commerce Law Briefs provides a brief summary and commentary on recent legal news affecting e-commerce businesses.

Photo Credit:  http://www.flickr.com/photos/scobleizer/ / CC BY-NC 2.0