July 22, 2011
Authored By: Fernando M. Pinguelo Norris, McLaughlin & Marcus, P.A., and Stacey A. Hyman, Drinker Biddle & Reath LLP
Twitter This: Apple v. Amazon.com – The War for "App" Dominance Advances (Bloomberg Law) http://ellblog.com/?p=2439
Apple’s recent lawsuit against Amazon opens a new front in the war for app dominance. Apple, it seems, could not abide Amazon’s launch of its own mobile app marketplace – Amazon Appstore. Yet this was not the first shot fired in this battle, as Microsoft last year opposed Apple’s attempt to register the APP STORE brand name with the U.S. Patent and Trademark Office.
So, why all this attention? Why are the app “super powers” – Amazon, Apple, RIM/Blackberry, Google, Microsoft – shifting their strategy from development and consumer marketing to the legal battlefield?
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July 2, 2011
Citation: McMillen v. Hummingbird Speedway, Inc.., 2010 Pa. Dist. & Cnty. Dec. LEXIS 270
e-Lesson Learned: Your “private” social posts and conversation are not privileged materials for purposes of discovery.
In 2007, Bill R. McMillen, Sr., was rear-ended by Defendant Wolfe during a cool down lap in a stock car race. He later filed suit to recover damages for the following allegedly sustained injuries: possible permanent impairment, loss and impairment of general health, strength, and vitality, and inability to enjoy certain pleasures of life.
In 2010, after viewing the part of plaintiff’s Facebook account that was available to the public, Defendant Hummingbird filed for an order compelling the plaintiff to disclose his Facebook and MySpace user names and passwords. This request was based on public comments regarding the plaintiff’s fishing trips and trip to the Daytona 500. The defendants wanted to “determine whether or not plaintiff [had] made any other comments which impeach and contradict his disability and damages claims,” or more plainly stated: “we want to make sure this dude isn’t lying.” Continue reading »
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Tagged as: Accessibility, Discoverability, Privilege
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