Bow Tie Law

A Civ Pro Review of Jurisdiction

Judge Susan Illston could not simply Tweet her decision with 140 characters in Twitter, Inc. v. Skootle Corp. Twitter sued the Defendants on numerous causes of action for the Defendants’ alleged spamming activity, including breach of contract, tortious interference with contract, fraud, and unfair or deceptive business practices.  Twitter, Inc.[…]

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JurisdictionBook

An Illinois-based start-up founded a social networking site named “Techbook” for teachers.  As one can imagine, Facebook sued for trademark infringement.  Facebook, Inc. v. Teachbook.com, LLC, 2011 U.S. Dist. LEXIS 48590, 6-7 (N.D. Cal. May 2, 2011). Facebook sued in the Northern District of California, where they are headquartered.  Teachbook.com,[…]

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Cloudy ISP Personal Jurisdiction

ISP providers and a California-based company developed an internet activity inception device that monitored ISP subscriber’s internet usage. The device collected websites visited and search term history. The data was then transmitted to the Defendant in Redwood City, California for analysis to develop targeted marketing to the ISP subscribers. Valentine v. Nebuad, Inc.,[…]

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e-Discovery Civil Procedure: Three Email Messages Do Not Establish Personal Jurisdiction

Pelowski v. Pipe, 2010 Cal. App. Unpub. LEXIS 549, 14-15 (Cal. App. 1st Dist. Jan. 26, 2010) is case where the Plaintiff’s appealed the judgment of dismissal of a Defendant based on the lack of personal jurisdiction. The Plaintiffs argued that both general and personal jurisdiction in California were properly established, because[…]

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Almost Famous…on a Social Networking Site with a Forum Selection Clause

The ease of creating a MySpace profile (or Twitter) that impersonates a celebrity has to be nerve racking for actors, rock stars, and anyone else who is “famous.” Riggs v. Myspace, Inc., 2009 U.S. Dist. LEXIS 37109 (W.D. Pa. May 5, 2009) is the story of a Plaintiff who created[…]

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Paper Chase 2.0: Posting Your Way to Personal Jurisdiction

Doe I v. Ciolli, 2009 U.S. Dist. LEXIS 37625 (D. Conn. Apr. 30, 2009) is the tale of two female law students from Connecticut attending Yale Law School, who are suing thirty-nine pseudonymous names on a post-graduate admissions website (AutoAdmit.com). The students identified Defendant Matthew Ryan as “:D” from Texas, who brought a motion to dismiss for lack of subject matter and personal jurisdiction. Ciolli, 1-2.

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