On Tuesday, March 31, 2020, Judge John Padova, U.S. District Court for the Eastern District of Pennsylvania, ruled mostly in favor of Epic Games, Inc. in a lawsuit involving the Fortnite dance emote "Phone It In." Judge Padova granted Epic Games, Inc.'s motion to dismiss concerning plaintiff Leo Pellegrino's causes of action concerning the following claims: (1) unauthorized use of name or likeness; (2) misappropriation of publicity; (3) invasion of privacy by misappropriation of identity; (4) unjust enrichment; (5) unfair competition; (6) trademark infringement under Pennsylvania common law; and (7) trademark dilution under the Lanham Act. However, Judge Padova ruled that plaintiff's claim for trademark infringement under the Lanham Act could proceed.
A Zoom shareholder has filed a class action lawsuit against the online videoconferencing company in the US District Court for the Northern District of California. The lawsuit claims that Zoom failed to disclose its lack of end-to-end encryption, and overstated its privacy protections.
The COVID-19 Community Mobility Reports website is designed to show the extent to which people in various areas are reducing their normal activity to slow the spread of the virus.
On Thursday, March 26, 2020, Judge Laura Taylor Swain of the U.S. District Court for the Southern District of New York granted summary judgment in favor of defendants, 2K Games, Inc. and Take-Two Interactive Software, Inc., in a lawsuit concerning five tattoos appearing in three basketball simulation video games. Plaintiff Solid Oak Sketches, LLC claimed copyright infringement of tattoos depicted on NBA players Eric Bledsoe, LeBron James, and Kenyon Martin in NBA 2K14, NBA 2K15, and NBA 2K16. The tattoos in question were included in the basketball simulation video games "[t]o further the goal of simulating an actual NBA game."
The National Rifle Association (NRA) and affiliated parties are suing the governor of California along with a number of Los Angeles area and other government officials in response to the decision to close gun stores due to the COVID-19 pandemic. The plaintiffs, which include individuals, nonprofits, and a gun retailer, allege that the Los Angeles County Sheriff's decision to order gun retailers to close because of their "non-essential" business status violates the constitutional right to bear arms. The suit also claims that current county and state-wide orders affecting gun store operations are unconstitutionally vague.
Earlier this week, Google decided to extend the contracts of many temporary staff members by 60 days. These extensions apply automatically to staff members whose assignments were due to end between March 20 and May 15 of this year. Even if an assignment has reached its maximum length, a 60-day extension…
On Monday, March 16, 2020, New York design firm Uber, Inc. filed a complaint in the U.S. District Court, Southern District of New York, against the ride-sharing company Uber Technologies, Inc., alleging "willful, wanton, and intentional infringement, deceptive trade practices, and unfairly competitive use" of the design firm's trademark. The design firm requested relief in the form of damages, an injunction, and for the ride-sharing company to implement corrective advertising in the form of a campaign.
In a patent infringement lawsuit filed in Delaware federal court, IBM claims that Airbnb has unlawfully been using multiple IBM patents in running its online short-term rental platform business. IBM alleges that it has been attempting to negotiate a licensing agreement with Airbnb since 2014, but that these efforts have been unsuccessful.
A federal district court judge ruled that Google is not a state actor, so the First Amendment does not apply to its efforts to regulate its platform.
On Tuesday, March 3, 2020, the United States Court of Appeals for the Third Circuit vacated a district court's grant of summary judgment in Razak v. Uber Technologies, Inc. The lawsuit involves plaintiff drivers who used Uber's ride-sharing app to provide limousine services in Philadelphia via UberBLACK. Plaintiffs brought claims under the federal minimum wage and overtime requirements under the Fair Labor Standards Act, the Pennsylvania Minimum Wage Act, and the Pennsylvania Wage Payment and Collection Law.
