The Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030 et seq., projects the common law tort of real property trespass into the virtual realm of computers.
The CFAA has been successfully invoked for creation of fake user
Anonymous Yelp! Reviews Used as Proof of Actual Confusion
In any trademark infringement lawsuit, evidence of actual consumer confusion between two marks can play a key role in a court’s “likelihood of confusion” analysis. This evidence frequently takes the form of a consumer survey demonstrating that certain individuals were
Facebook Posts & Non-Solicitation Agreements
We have previously covered a case involving ownership of Twitter followers when an employee moves to a new employer, and now turn our attention to a related issue: do an individual’s public Facebook posts about a new job violate
Owning your social media: Drafting a social media use policy
As more companies recognize the brand value created and sustained through social media, there is greater interest in preserving social media accounts for company use and retaining the follower, member or “friend” base that has been built over time.
Simultaneously,