Either the arrogance at Apple has greatly exceeded that at Microsoft at its peak or I should be sending in my resume to Cupertino with all due haste. Apparently Apple decided to launch its iPad product without regard or care for existing trademarks that may have been filed in the United States. Apparently Fujitsu filed in 1993 for the iPad trademark for a “HAND-HELD COMPUTING DEVICE FOR WIRELESS NETWORKING IN A RETAIL ENVIRONMENT” and you can find the Fujitsu iPad product brochure here. Apple apparently sent a letter in opposition to this trademark for undisclosed reasons (rumors are afloat that it is under the doctrine of “divine right.”)
Is a misunderstanding regarding a poker table and poker visor with uniform allegedly worn by Lieutenant Commander Data of the Starship Enterprise worth $7 million in damages? Apparently lifelong Trekkie, Ted Moustakis, believed it was after being denied in case his against Christie’s auction house by the New York State Appellate Court for fraud and negligent misrepresenation.
A 29 year old Quebec woman claims to have lost her health benefits due to photos posted on Facebook showing her having fun frolicking on the beach, enjoying a birthday party, and having a good time at Chippendales. After being diagnosed with depression approximately a year and a half ago, the Manulife insurance company reportedly sent an ex-IBM employee monthly payments for an extended sick leave to help her cope with her illness. Am I the only one who thinks that using Facebook to question an “illness” is  hardly the issue?
For almost a decade, Jelsoft’s vBulletin software dominated the software market for online discussion forums. It was the quintessential example of how an enthusiastic customer base can extend a product and grow the base business exponentially. In 2007, Jelsoft and its potential was sold to Internet Brands, a public company, for an undisclosed sum and moved forward with few changes and little fanfare. In October 2009, everything changed in just two short weeks. The recent customer revolt against the new management team (the founders and most of the original team are gone) - ostensibly renamed as vBulletin Solutions (”vBS”) – is an interesting, ongoing case study that companies changing their software licensing models may want to follow. In the interest of full disclosure, I am a current owner of vBulletin software, managing a long running legal advice & assistance forum since the earliest versions appeared in 2001. My comments below represent my good faith understanding of the confusing events of the past two weeks and subject to correction.
Today AT&T released the news that it will permit the use of VOIP (Voice Over IP) programs to utilize its 3G network via the iPhone. Previously, applications such as Skype and Google Voice were limited to WiFi-only and not permitted to use the 3G data network. This decision comes at an important time when AT&T and other carriers are being scrutinized by the Federal Communications Commission for control they exert over devices and applications allowed on their networks.
As was reported earlier in September, first Sean McGinn couldn’t handle rejection at Match.com. Apparently now he can’t handle the humiliation and ridicule as a result of his lawsuit – which he has apparently dropped. The Law Professor blog will have complete documents and an analysis of the Match.com reply to McGinn’s complaint (and amended complaint) as well as the memorandums of law.
In what has to be one of the most unusual and potentially ill-advised twitter related lawsuits, a Chicago landlord sued a former tenant for $50,000 for a practically unseen twitter post – until now. “Who said sleeping in a moldy apartment was bad for you? Horizon realty thinks it’s okay,” Amanda Bonnen apparently wrote in her Twitter feed May 12 at 9:08 a.m., broadcast to her two dozen followers.
As one would expect, there is history between the parties. Amanda Bonnen filed against Horizon after an incident in March when a contractor caused a roof leak that affected some of units at 4242 N. Sheridan Road. Horizon claimed no mold was found but conceded she experienced leaking into her apartment. According to a Horizon press release, “…all tenant grievances were quickly and amicably resolved, except Ms. Bonnen’s. She moved out of her unit on her own volition June 30, 2009 at which time there was no evidence of mold in her apartment.”
Apparently in the course of due diligence for Bonnen’s action, Horizon’s lawyers discovered the offending tweet. So what did Horizon do – have a conversation with Bonnen and demand its removal? Apparently not. Jeffrey Michael, whose family has run Horizon for more than 25 years, allegedly said: “The statements are obviously false, and it’s our intention to prove that… We’re a sue first, ask questions later kind of an organization,” noting that the family manages over 1,500 apartments in Chicago and wants to preserve its good reputation.
One can only wonder whether the repercussions from the negative publicity are greater than the damages sought over this single tweet.
For several weeks during trial, juror Karen Krell apparently tried to add Brendan Cawley, a surviving firefighter and witness for the prosecution, as a Facebook friend. Cawley chose to ignore her requests claiming he did not recognize her, as per his testimony in Bronx Supreme Court. The day after the guilty verdict was delivered against building manager, Cesar Rios, Krell again attempted to contact Cawley, this time with the identification that she was a juror on the case. Cawley accepted the request, briefly discussed the case and, a week later, reported the incident to the District Attorney’s office. It’s difficult to believe that any juror would even think of such an action, which is unfortunately being exploited by counsel for the defense who are attempting to get the verdict overturned.
Every great invention is copied somewhere on this planet. No, I’m not talking about in China but about Germany. Yes, you read correctly – Germany – the fatherland of modern innovation. In a ruling this week in a copyright infringement case, the State Court in Cologne, Germany ruled against Facebook for in favor of its “clone”, StudiVZ, which is home to a reported 13+ million German speaking social networkers.
As if it wasn’t enough for Congress to be wasting its time and spending millions in taxpayer dollars to fight the war for professional sports leagues against steroids. Now four members of Congress have decided to call for an investigation into whether AT&T should be able to have an exclusive agreement with Apple for distrubution of the iPhone and use on its network. I’m unaware that our Constitution provides for the right to have an iPhone on any carrier of one’s choosing.
Michael M. Wechsler is an experienced technology attorney, Internet entrepreneur, noted speaker and quoted author. He founded Apple online community EastNet in 1992 (featured by 