Posts In "Technology"

Technology




Northern District Class Action Lawsuit Against Yelp! Inc. Dismissed After Receiving Too Many Bad Reviews from Federal Judge

Yelp.com describes itself as “the fun and easy way to find and talk about great (and not so great) local businesses.” It proclaims that “[a]s of August 2011, more than 63 million people visited Yelp within the past 30 days.” Its tagline: “Real people. Real reviews.®”

I view Yelp.com as one of the many unnecessary, “Web 2.0” websites I will never use that litters the information superhighway like marine snow in the deep ocean. My wife views it as a source of idle entertainment, where she can enjoy reviews that palaver about Jersey Shore-like drama, before even getting to whether a particular restaurant had good food or not. But some businesses have complained, and even filed lawsuits against Yelp,

 

alleging that Yelp salespeople represent to businesses that Yelp has the power to manipulate Yelp.com business listing pages, and that Yelp will wield that power in favor of the business if it becomes a “Yelp Sponsor” and against the business if it declines to do so.

In other words, some businesses claim that Yelp is the like the internet mafia, asking business owners for protection money to make those bad reviews sleep with the fishes. Is it true? Continue reading the full story . . . »

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Thank You, Steve Jobs

It’s not even news anymore to report that yesterday, the world lost a visionary and a true inspiration — Steve Jobs. Personally, I was devastated by the news. Although I didn’t know Steve Jobs personally, I nevertheless feel a sense of personal loss now that he has passed. Why am I so saddened by the death of someone I never knew?

Maybe it’s because I’ve been an Apple guy ever since I played my first computer game on my neighbor’s Apple IIe. I bought my first Macintosh computer in 1987 (a Mac Plus with a single floppy drive and no hard drive). Even through the dark years after the company stupidly fired its heart, soul and creative genius, I was still an Apple guy and tried to convince everyone else that Macs were the best computers around. Back then, people thought I was crazy (not one of the good “Crazy Ones” Apple highlighted in this classic ad to revive the company in the late 90s, just a real crazy one). Thanks to Steve Jobs, nobody calls me crazy anymore — well, at least not because of my love of Apple products.

But I’m clearly not alone in feeling that sense of personal loss. The Internet is already rife with comparisons of Steve Jobs’ loss to the deaths of rock stars like John Lennon and Elvis. Why? Maybe it’s because Steve Jobs is largely responsible for changing so much about how we live our lives. Continue reading the full story . . . »


A Tale of Two Tents: Functionality in Utility Patents, Design Patents and Trade Dress

The problem you have as a lawyer is that you start to see the “law” in everything you do, including those things you do for fun.

I backpack. And I am just a tad overweight, which I means I have a few extra pounds to lug around the woods for 10 miles at a time. While a more sensible man might look to simply lose those extra pounds, however, I have opted instead to eat more cookies and look to lower the weight of my pack.

The easiest way to lower pack weight is to lower the weight of one or all of the “big three” — the pack itself, the sleeping bag or the tent. So, before every trip, I spend hours and hours researching the latest in ultra lightweight gear, focusing most intensely on these three categories of backpacking equipment. This would seemingly have nothing at all to do with the law.

But then, enter the tents. Continue reading the full story . . . »


In My Opinion, Twitter Sucks (But They Can’t Sue Me for Defamation for Saying So)

I don’t like Twitter. There, I said it. I know, I know, it’s so revolutionary, it’s bridging social gaps, it’s God’s gift to the information age, blah blah blah. That’s all well and good, but as far as I’m concerned it’s just an outlet for self-righteous blather. As if the whole world needs to sit up and hear about what YOU think about foreign policy or what YOUR opinion is about the new Britney Spears album. If I want your opinion, I’ll ask for it, but don’t be surprised if I don’t, because I probably don’t care.

Not only are most tweets nothing but pompous drivel, they are boring. Boring and utterly pointless. Take this random tweet I just found, after about one second of looking, for your reading pleasure: “Going to have a normal day today. A little cleaning, kids are playing outside, and maybe the park. Nothing too ambitious. I think we all need it.” Awesome.

Now, you probably think I’m a bitter cynic. You probably don’t like me. That’s your opinion and you’re entitled to it (but please, in the name of all that is holy, don’t tweet about it). And at this point, maybe your natural inclination is to say, “OK, James, but what makes you so special that I, dear reader, should care about you? After all, isn’t this whole article just a big long diatribe about your personal opinion?” Well, maybe a little. But it’s my article, so deal with it. Besides, it’s supposed to be ironic, so it’s funny, like a joke. More importantly, there’s a very real legal issue brewing beneath the surface here.

Lately, there has been a rash of defamation lawsuits based on allegedly defamatory tweets. This is not surprising given Twitter’s meteoric rise in popularity. For a recent example, look no further than the lawsuit just brought by Notifi Records CEO, Ira DeWitt, against former New Edition singer Johnny Gill for alleged defamation on Twitter. The singer is alleged to have attacked the reputation of DeWitt and her company by tweeting that she was “deranged” and “f**king nuts,” that Notifi was a fake company, and that she had a “hard on” for the producer of an unreleased Gill single.

There is no doubt that Mr. Gill’s alleged tweets aren’t very nice. But are they actionable as defamation? Probably not. Continue reading the full story . . . »


When Not to Immediately Register Your Trademark

It might seem axiomatic that whenever you develop a new product or service you ought to immediately register a trademark or servicemark to ensure marketplace protection. And I’m not talking about trademarking “That’s Hot” or “You’re Fired!” I’m talking about real, useful stuff. Like Oxyclean.® Or Chia Pet.®

(Fun fact of the day: you can only use the ® symbol if your mark is registered with the USPTO. Otherwise you are stuck using the ™ symbol, which is just a claim of ownership over a mark.)

Most of the time, promptly registering a trademark is a good idea — not only does it help you establish rights in your own mark, it gives you early warning if you’re going to wind up in a dispute (and ample opportunity to change your mark before you invest too much time, money, and heart into it). But not always. For a good example of the latter situation, just look at the current dispute between ZeniMax Media, the publisher of a series of role-playing games called The Elder Scrolls and forthcoming game entitled The Elder Scrolls V: Skyrim, and Mojang, creator of the popular game Minecraft, and forthcoming game entitled, Scrolls. Continue reading the full story . . . »


My Twitter Has a Second Name, it’s W-E-I-N-E-R

What do you get when you mix a racy photo, alleged computer hacking, Twitter, and a Congressman named Weiner? (Besides Jon Stewart’s debut as an R&B producer.) That’s right, faithful readers, you get a smorgasbord of 21st century legal issues, and an example of why privacy is harder to keep than ever. You also get a great reason to think twice about what you save on your computer. And you get the joy of what is undoubtedly the best name for a scandal since “DickiLeaks.”

You’ve probably heard about Congressman Anthony Weiner, and the tough week he’s had. To recap, Weiner’s hard drive was “hacked” and a bulging photo (labeled “package.jpg”!) was sent to a college student from his Twitter account. Then the interwebs started chirping and the politician non-denial denials started (“I can’t say with certitude” [that it isn’t my bulging crotch making the Internet rounds]). Then the conservative bloggers found some absurd photos of Weiner showing off his pecs in front of framed photos of his family. And before you know it, we’ve got tearful televised confessions (“The picture was of me, I sent it”), and voila, a new word is seared into the American collective consciousness: Weinergate! It’s hard not to feel both bad for and perplexed by Weiner, even if he isn’t exactly the first New York Congressman to get caught sending racy pics this year. But I can also only feel so bad about any situation that results in one of my coworkers walking into a department meeting and announcing, “I can’t get enough Weiner!”

Of course, at this point, we all know that Weiner’s initial explanation for the sudden proliferation of his groinal region on the Internet — that his Twitter account was “hacked” — was as bogus as it sounded. But what if we lived in a magical world where a politician’s initial explanation for a totally inexplicable scandal was actually true? Let’s look at what anti-hacking laws say Weiner could have done. (Besides resigning, hiding out for a year, then taking a cushy job on cable news).

(Note: not covered here are potential claims for copyright infringement based on the unauthorized distribution of the photo itself, a favorite theory in the ever-popular celebrity-trying-to-block-a-sex-tape segment.) Continue reading the full story . . . »