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April 5, 2021
Mon, Apr 5th 2021 9:37am — Mike Masnick Its taken over a decade, but the Supreme Court has finally said that Googles copying of the Sun Java API for Android was clearly fair use in a 6-2 ruling (Barrett did not take part since she was not on the Court when the case was heard). The background of this case is actually kind of important to understanding what just happened, so heres a quick(ish) recap. As youll probably know, this case began in 2010 when Oracle, which had just taken over Sun, su...
February 6, 2021
Of all the business models that have benefited from the current pandemic, DoorDash and its delivery app-based competitors are at or near the top of the list. Yet not all restaurants are...
January 20, 2021
A federal judge has advanced a class action claiming DoorDash used its platform to deceptively divert customers from non-partnering restaurants to those that pay DoorDash a cut for each food pickup or delivery order. SAN FRANCISCO (CN) — Already struggling to survive the crippling effects of a raging pandemic, a mom-and-pop restaurant was stunned to learn last summer the food delivery app DoorDash had falsely labeled it as “closed” or “unavailable” on its platform. On Monday, the rest...
December 18, 2020
In Hafen v. Adams (In re Hafen), 616 B.R. 570 (B.A.P. 10 th Cir. 2020), a bankruptcy appellate panel from the Tenth Circuit ("BAP") held that the bankruptcy court is the only court with subject-matter jurisdiction to decide whether a claim or cause of action is property of a debtors bankruptcy estate. As a consequence, the BAP held that the bankruptcy court abused its discretion by permitting a state court to determine whether creditors had "standing" to sue third-party recipients of allegedly...
December 17, 2020
In Australian Therapeutic Supplies Pty Ltd. v. Naked TM, LLC, the Federal Circuit recently denied a petition for rehearing en banc of a panel decision finding that a petitioner who contracted away its rights to unregistered marks still had standing to seek cancellation of those marks because it had a “real interest” in cancellation and a “reasonable belief of damage.” Judge Wallach dissented from the denial, expressing disagreement with the majority’s broadening of the “zone of in...