The United States District Court for the Eastern District of California refused to issue a temporary restraining order or preliminary injunction in the case of a California juror who had been ordered to permit Facebook to release the postings made by the juror during a criminal trial. The court issued its ruling in Juror Number One v. California, 2011 WL 567356 (E.D. Cal. Feb. 14, 2011) last week.
After a hiatus of several months, today marks the return of E-Commerce Law Briefs. Each weekend, E-Commerce Law Briefs provides a brief summary and commentary on recent legal news affecting e-commerce businesses.
An ambulance service company in Connecticut recently settled a case involving a former employee who was terminated for posting disparaging comments about her supervisor on the employee’s personal Facebook page. The incident stemmed from the employee refusing to prepare an investigative report concerning a customer complaint, because her supervisor denied the employee’s request for union representation. Later that same day, the employee posted on Facebook, from her home computer, disparaging remarks about her supervisor. The employee’s comments prompted co-workers to chime in and make additional negative comments about the supervisor. The company suspended the employee and ultimately terminated her for violating the company’s internet policies.
Most information is now communicated, generated, or stored electronically so "it can be expected that electronic evidence will constitute much, if not most, of the evidence used in future motions practice or at trial." See Lorraine v. Markel Am. Ins. Co., 241 F.R.D. 534, 537-37 (D. Md. 2007). Under these circumstances, a trial lawyer must ensure that he or she knows how to properly lay the foundation for admitting electronic evidence.
After granting its Motion for Default Judgment, the District Court for the Northern District of California awarded Facebook statutory damages in the amount of $360,500,000 against a group of Defendants who illegally obtained login information from Facebook users and sent more than 7.2 million spam messages to those users in violation of Facebook's Statement of Rights and Responsibilities ("SRR"). Facebook, Inc. v. Fisher, 2011 WL 250395 (N.D. Cal. Jan. 26, 2011). The Court also permanently enjoined the Defendants from accessing or using the social networking site.
Savvy Internet marketing allows thousands of individuals and companies to peddle more than a million counterfeit sports shirts and jerseys annually, according to the 2011 Special Edition of the Brandjacking Index published today. The online sale of counterfeit sports apparel is a multi-million dollar industry that generates tens of millions of visits to the websites selling such products.
MarkMonitor, which provides Internet brand protection services to companies, began publishing its Brandjacking Index in 2007. The index analyzes trends and statistics about brand abuse online, and addresses the business and technical methods used by brandjackers, by applying proprietary algorithms to publicly available information.
According to the most recent edition of the index, MarkMonitor identified more than 6,000 suspects selling more than 1.2 million shirts and jerseys bearing counterfeit sports league and team logos. The e-commerce sites selling these counterfeit goods attract 56 million visits annually and generate more than $25 million in revenue.