Internet Liability

The Internet remains an uncharted terrain where the law is changing and, at the same time, is rapidly evolving. Creativity, understanding of technology, understanding of our client's business, and up to the minute knowledge of new legal developments are critical to success in pursuing and blending internet liability claims. Orrick lawyers have represented leading internet companies facing issues concerning copyright, trademark, license disputes, patents, internet liability and piracy in complicated, high-stakes IP matters. Orrick lawyers have successfully represented clients at the forefront of this rapidly changing domain.

Some of our notable engagements are mentioned below:

• Delta Airlines, Inc. Orrick defended a declaratory judgment action brought by Delta Funding Corporation over rights to use www.delta.com in Delta Funding Corporation v. Delta Air Lines, Inc.. That cybersquatting case settled with the domain name transferring to Delta Airlines.
• eBay, Inc. Orrick defended eBay in a first impression "private lawyer general" lawsuit filed by a California resident seeking to hold eBay liable under California's unfair competition statute on account of use of the site by users to list for bid allegedly bootlegged and unauthorized sound recordings. The plaintiff in the case sought a ruling that, if granted, would have required eBay to monitor the hundreds of thousands of listings for music and sound recordings that appear on its site on a daily basis. eBay prevailed in the action, obtaining dismissal of the case on summary judgment. eBay successfully argued that it enjoyed immunity from such suits under the Communications Decency Act of 1996. The court's ruling in eBay's favor established that an Internet service, such as eBay, enjoys immunity from lawsuits that seek to hold the service liable on account of speech or content posted on sites by third parties.
  • In Hendrickson v. eBay. Orrick lawyers successfully assisted eBay in preparing a defense to copyright and Lanham Act claims related to user listings alleged to be infringing various copyright and trademark rights. This case had numerous significant holdings applicable to Internet companies under the Lanham Act and the DMCA.
  • In eBay v. Sheaffer, Orrick lawyers obtained a preliminary injunction under California Penal Code section 502(c) related to unlawful trespass to eBay's computer system.
  • In Lenssen v. eBay, Orrick defended eBay against a claim related to reverse auctions for services.
• iVillage Inc. iVillage, which operates its Web site at www.ivillage.com (AOL keyword, iVillage), is the leading on-line destination for women. Orrick has represented iVillage in a number of major strategic partnership/licensing transactions. Orrick lawyers also oversee iVillage's worldwide trademark portfolio and advises iVillage with regard to adversarial intellectual property matters.
• Lucasfilm, Ltd. Lucasfilm hired Orrick to protect the film Episode 1: The Phantom Menace against on-line piracy. Orrick prevented the illegal distribution of the film upon theatrical release, which retained its value in video release.
• Planet U, Inc. In Coolsavings.com, Inc. v. Planet U, Inc., Orrick defended Planet U against claims that its Internet coupon distribution system infringed a patent.
• Playboy Enterprises. In Playboy Enterprises v. Yehudi International Network Group, Orrick represented Playboy to obtain preliminary and permanent injunctive relief against an Internet Web site infringing on Playboy's copyrighted and trademarked works.
• WatchGuard Technologies. In WatchGuard Technologies v. Gomez, an Orrick lawyer represented WatchGuard Technologies in litigation of claims involving internet domain names and trademarks.