The Mellor Law Firm, APLC

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Intellectual Property…The Devil’s In The “Related Search” Details.

September 14, 2015 by

likelihood of confusion

Plaintiff is the manufacturer of high-end military style watches, known as MTM Special Ops watches. Defendant, retailer Amazon.com, does not sell these watches, but when a potential buyer inserts “MTM Special Ops” onto its website, a message will direct the person to related searches of “MTM special ops watch,” and show images of watches manufactured […]

Filed Under: Intellectual Property News, Internet Law News, Legal News, Ninth Circuit Court of Appeal Law News, Trademark Law News Tagged With: 792 F.3d 1070

Internet Games Just Like “One-Armed Bandits” (Slot Machines) & Violate California Law.

September 3, 2015 by

Internet cafes offer devices that resemble traditional casino-style slot machines in some ways and offer users the chance to win sweepstakes prizes, but because they employ modern technology, the devices differ from traditional slot machines in some ways. Pursuant to Penal Code section 330b, slot machines are illegal in California. In relevant part, the statute […]

Filed Under: California Supreme Court Law News, Internet Law News, Legal News Tagged With: § 330b, 189 Cal.Rptr.3d 686, 352 P.3d 275, 61 Cal.4th 544, Pen.Code, Pen.Code § 330b, Penal Code, Penal Code section 330b, section 330b

Printed Name At The Bottom Of Several E-mails Not Enough To Show There Was A Settlement.

March 25, 2015 by Leave a Comment

Plaintiffs filed a motion pursuant of Code of Civil Procedure section 664.6, to enforce a settlement. In concluding there was a settlement, the trial court found e-mails coupled with a voice mail qualified as an electronic signature under the Uniform Electronic Transactions Act [Civil Code section 1633.1, et seq.; UETA]. The Court of Appeal reversed, […]

Filed Under: Appellate Law News, Internet Law News, Legal News, Settlement Law News

No Showing Electronic Signature Was That Of Plaintiff, So Motion To Compel Arbitration Denied.

March 20, 2015 by Leave a Comment

In a class action wage and hour action, the trial court denied defendant’s petition to compel arbitration, implicitly finding defendant did not present evidence to support its claim there was an arbitration agreement. At the hearing, defendant asserted plaintiff electronically signed a 2011 arbitration agreement, but did not explain how it verified there was such […]

Filed Under: Appellate Law News, Contract Law News, Internet Law News, Legal News, Procedural Law News, Social Media Law News

Call Me This And Call Me That, But Call Yourself. . .Outside The Jurisdiction Of California.

March 16, 2015 by Leave a Comment

In a Facebook spat between skin care product competitors, one sued the other for defamation. Plaintiff resides in California, but defendant does not. The appellate court held that posting defamatory statements about another person on Facebook, “while knowing that person resides in the forum state, is insufficient in itself to create the minimum contacts necessary […]

Filed Under: Appellate Law News, Internet Law News, Legal News, Procedural Law News, Social Media Law News

Unsuccessful False Advertising Claim Based On Misrepresentations In Commercial E-Mails.

January 30, 2015 by Leave a Comment

False Advertising

Business and Professions Code section 17529.5 states it is unlawful to advertise in a commercial email when it contains or is accompanied by falsified, misrepresented or forged header information. The plaintiffs here brought an action under that statute on the theory the advertiser “sent them unsolicited commercial email advertisements purporting to be from ‘Proactiv Special […]

Filed Under: Advertising/Billboard Law News, Appellate Law News, General Legal Information Law News, Internet Law News, Legal News

Hits On Google.

January 9, 2015 by Leave a Comment

In this matter seeking extraordinary relief, a plaintiff corporation made efforts to obtain copies of email messages stored by Google, Inc. on behalf of a defendant. Defendant moved to quash the request and the trial court ordered Google to produce the emails, based on its conclusion the defendant had deemed to have given his consent. […]

Filed Under: Appellate Law News, Internet Law News, Legal News, Procedural Law News, Technology Law News

Dismissal Reversed In Case Where Website Owners Did Not Warn User Of Rapists.

December 4, 2014 by Leave a Comment

duty to warn

Plaintiff is an aspiring model who posted information about herself on a networking website for models. In her action against the website owners, she alleges that two rapists used the website to lure her to a fake audition, where they drugged her, raped her, and recorded her for a pornographic video. She also alleges that […]

Filed Under: Internet Law News, Legal News, Negligence Law News, Ninth Circuit Court of Appeal Law News, Tort Law News

Yelp Cannot Misrepresent Its Filtering Methods.

October 17, 2014 by Leave a Comment

Yelp operates a website that serves as a free social media website and search engine, available to the public at no charge. Users who register may post reviews about local businesses, and can rate a business using a star rating of one to five stars, with five stars being the highest rating. Yelp constantly battles […]

Filed Under: Anti-SLAPP Law News, Appellate Law News, Business Law News, Internet Law News, Legal News

Arbitration: But Don’t Click On The Orange Button!

January 29, 2014 by Leave a Comment

Arbitration

Class action plaintiffs claimed they were scammed on the internet after giving their credit card information. Allegedly unbeknownst to plaintiff, instead of making a one-time purchase, he somehow agreed to pay $19.95 a month. The internet company moved to compel the matter into arbitration, contending that the named plaintiff “agreed to arbitration by clicking the orange […]

Filed Under: Arbitration Law News, Internet Law News, Legal News, Ninth Circuit Court of Appeal Law News

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Recent News

Are You Dealing With a Breach of Contract?

May 17, 2022 By Denise Hansen

If you are a business owner, then you know that contracts are an important part of doing business. Contracts set the parameters for a deal and protect both parties involved. Unfortunately, contract disputes can happen. If you think you might be dealing with a breach of contract, … Read More...

5 Things to Look for in a Property Ownership Attorney

May 10, 2022 By Denise Hansen

If you're in the market for a property ownership attorney, it's important to know what to look for. Not all attorneys are created equal, and you'll want to make sure you choose one who is experienced, educated, reputable and responsive.  In this blog post, we will go over five … Read More...

How to Know When You Should File a Wrongful Death Suit

April 8, 2022 By admin

When you’ve lost someone close to you, the last thing you may want to think about is filing a lawsuit. However, in some cases, wrongful death suits can be the best way to get justice for your loved one and ensure that the responsible party is held accountable. What is a … Read More...

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The Mellor Law Firm, APLC
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10.0Mark Albert Mellor

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