Law firm sues over bad online review about it

A Dallas law firm has filed a lawsuit seeking to learn the identity of a commenter calling himself “Ben” who posted a bad online review.

The Lenahan Law Firm claims defamation and seeks $50,000 in damages, Texas Lawyer reports. Partner Wes Black says the suit will allow the law firm to subpoena Google to learn the commenter’s identity.

Ben wrote in his comments on Google Review: "Bad experience with this firm. Don't trust the fake reviews here.” Ben also gave a bad review to an Oregon cleaning company and may have intended to post the negative review about a different law firm closer to home, the suit(PDF) says.

Black tells Texas Lawyer the Lenahan Law Firm gets most of its clients from searches, and the bad review won’t help. "The issue isn't trying to recover tons of money,” Black tells Texas Lawyer. “We just want the review down.”

See: ABA

New Google Privacy Policy

"We're getting rid of over 60 different privacy policies across Google and replacing them with one that's a lot shorter and easier to read. Our new policy covers multiple products and features, reflecting our desire to create one beautifully simple and intuitive experience across Google.

We believe this stuff matters, so please take a few minutes to read our updated Privacy Policy and Terms of Service at http://www.google.com/policies. These changes will take effect on March 1, 2012."

See story in Washington Post and CNN

Mr Kim Dotcom Arrested - No Need for SOPA?

With the recent arrest of Mr Kim Dotcom in NZ for online piracy, one wonders why new legislation such as the SOPA in the U.S. is needed.
See SMH and NZ Herald.

"The Electronic Frontier Foundation, which defends free speech and digital rights online, said in a statement that the arrests set "a terrifying precedent. If the United States can seize a Dutch citizen in New Zealand over a copyright claim, what is next?""

Is it true that the president of Activation visiting Mr Dotcom this month, before his arrest?  Why has it not been reported that members of the Black Eyed Peas were in Mr Dotcom's home when he was arrested, and have attended some of the NZ court proceedings?

New gTLDs

An article on the new top level domain names.

See B&T Magazine.

Faceless Net Giants

A story in the Sydney Morning Herald:  "Faceless Net Giants Writing Own Rule Books."  If you upset Google (or Google Ireland -- the company that Google hides behind), they can just make you disappear.

"Australians use them more than any other websites and to many they have become essential services, oiling the wheels of life and commerce at the click of a mouse. 

But when Google or Facebook no longer wants you, it can be all but impossible to find out why, as internet entrepreneur Mark Bowyer and others have found to their cost.

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Earlier this year Google banned ads from his travel website, Rusty Compass, because it said the site "poses a risk of generating invalid activity".

Apple Apps

On Christmas morning, millions of people will unwrap new iPads, iPhones and iPod Touches — and immediately start downloading games and other applications for them. It is the biggest day of the year for app sales, which can mean big money for developers.


Flurry, a mobile analytics firm, estimated that in the period from Dec. 23 to Dec. 26 last year, 240 million applications were downloaded to Apple mobile devices, or about 20 percent of the total downloads for the month.


Source:  NYTimes

Brand xxx marks dot danger

The arrival of a generic top-level domain specifically for the porn industry has worrying implications and likely costs for many well known labels.

There is more trouble for brand owners brewing in cyberspace, with ­fundamental changes to the domain name system being implemented. In March 2011, following successful lobbying from the adult entertainment industry, the Internet Corporation for Assigned Names and Numbers (ICANN) agreed to allow the ­creation of a new generic top-level domain (gTLD) specifically for the adult entertainment industry. A gTLD is represented by the letters that come after the dot in a domain name, such as .com or .net.

The new adult entertainment top-level domain is .xxx and will come online next year.

This has implications for every business because brand names could be used in domain names for adult websites. For example, someone could register the new domain name sportsgirl.xxx or boostjuice.xxx for a porn website.

Full Story in AFR

Metatag Use is Not Use as a Trade Mark

"I do not accept that the use of any of CTI’s Registered Trade Marks in Green Energy’s metatags would constitute a trade mark infringement for the purposes of s 120(1). Metatags are invisible to the ordinary internet user, although their use will direct the user to (amongst other websites) Green Energy’s website. Once at the Green Energy website, then, in the ordinary course, the internet user will be made aware that the website is concerned with Green Energy’s services. It cannot, therefore, be said that the use in a metatag of CTI’s Registered Trade Marks is a use that indicates the origin of Green Energy’s services. Thus, metatag use is not use as a trade mark"

Complete Technology Integrations Pty Ltd v Green Energy Management Solutions Pty Ltd [2011] FCA 1319 (18 November 2011)

Samsung Overturns Apple Injunction in Australia

Samsung was successfully in having an interlocutory injunction overturned today in the Full Court of the Federal Court of Australia.  See decision:  Samsung Electronics v. Apple Inc. [2011] FCAFC 156 (30 November 2011).

The case concerned two Australian patents owned by Apple.  Apple asserted that the Samsung Galaxy 10.1 Tablet infringed claims of those two patents.  An injunction was granted by the trial judge to prevent Samsung launching the Galaxy 10.1 in Australia until trial.  Today, Samsung was successful in having that injunction removed.

As soon as the appeal court decision was announced today, Apple asked for the decision to be suspended so that it could appeal to the High Court of Australia.  Apple asked this without even reading the Court's decision.  The judge today suspended the decision until 4pm Friday, in effect keeping the injunction in place until Friday.  Apple now has until 4pm Friday to convince the High Court of Australia to keep the injunction in place -- a hard task.

Law Schools That Teach Little About Legal Practice

From the NY Times:

Law Schools That Teach Little About Legal Practice
By DAVID SEGAL
Law schools have long emphasized the theoretical over the useful, leaving law firms fairly resigned to training their hires how to actually practice law.