Internet On Trial

Internet On Trial

Modern Day Litigation, Cyber Defamation, and Law in Sports & Entertainment

Category Archives: New Jersey

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Third Circuit Will Hear GPS Tracking Case En Banc

Posted in New Jersey, Privacy Law, Technology Law
In October, the Third Circuit Court of Appeals became the highest federal court to decide that police must first have a search warrant before they can install a GPS tracking device on a vehicle. That decision came roughly a year after the U.S. Supreme Court decided that installing a GPS tracking device on a vehicle constitutes a “search” … Continue Reading

NJ Court Rules In Favor of Copyright Trolls

Posted in Computer Crimes, Copyright, New Jersey, Privacy Law
For a while, it's seemed like the tides had turned on copyright trolls, as federal court judges appear to be more and more skeptical of the (lack of) merits to the concept and strategy behind mass copyright litigation. But a recent decision by a New Jersey federal court magistrate judge seems to send the opposite message--for copyright trolls not to give up, that the courthouse doors are still very much open. At least that's the message I inferred from the headline in the New Jersey Law Journal "Multiple John Doe Defendants Permitted in BitTorrent Case" (subscription required)… Continue Reading

Did Rutgers Make a Mistake in Firing Head Basketball Coach?

Posted in New Jersey, Sports
Regardless of whether Rice's behavior was cause for termination, it looks as though he was punished twice for the same conduct. Again, the video footage was filmed during the coach's first two seasons at Rutgers, between 2010 and 2012. In December, AD Tim Pernetti suspended Rice for three games, and fined him $50,000. Since then, there have been no new reports or allegations of misconduct by the coach. So, in essence, he was fired for the same thing for which he was previously suspended and fined. In constitutional law, that's called double jeopardy… Continue Reading

Jersey Boys’ Use of Ed Sullivan Show Clip is ‘Fair Use’

Posted in Copyright, Entertainment Law, New Jersey
The penalties for copyright & trademark infringement can be substantial, even crippling. Don't ever assume that you can borrow someone else's material based on the fair use doctrine. Before you "borrow" something for your movie, song, advertisement, website, blog, photograph, etc., speak to an attorney who is familiar with the fair use doctrine… Continue Reading

Jets Linebacker Seeking PTI Probation for Assault on His Wife

Posted in New Jersey, Sports
New York Jets linebacker Bryan Thomas is asking the Morris County Prosecutor to accept him into "pre-trial intervention," which is a New Jersey courts diversionary program for first-time offenders. The 6'4" 265-pound linebacker is facing criminal charges of aggravated assault and possession of controlled dangerous substances following a domestic incident last October during which he allegedly punched his wife in the stomach… Continue Reading

Hurricane Sandy Knocked Out NJ Courts for an Entire Week

Posted in New Jersey
Since I'm a volunteer firefighter, I was on duty and responding to emergencies all day Monday and Tuesday. I got to come home yesterday, and since then I've been spending time with my family. Today I started reaching out to clients, individually, to let them know that we're here and available to help if needed. If I haven't connected with you yet, you should expect to hear from me by tomorrow/Friday, when I plan on being in the office for most if not all of the day… Continue Reading

Fuhgeddaboudit! NCAA, NFL, NBA, MLB File Suit Against the State of New Jersey

Posted in New Jersey, Sports
The NCAA and the big four professional sports leagues filed a lawsuit against New Jersey Governor Chris Christie, alleging that the state law that was approved by NJ voters last November is a "clear and flagrant violation of federal law." The five sports organizations are asking a federal court in Trenton, New Jersey for preliminary and permanent injunctions against NJ officials, to enjoin them from carrying out the law that authorizes sports betting in New Jersey. Perhaps the most compelling reason that New Jersey will prevail is that courts don't hand out injunctions like Roger Goodell hands out fines and suspensions… Continue Reading

Why Dharun Ravi Will Not Go Back To Jail: Steven Altman Might Be Even More Brilliant Than His Reputation

Posted in Computer Crimes, New Jersey, Privacy Law
Earlier this week, Dharun Ravi walked out of the Middlesex County jail a free man…at least for now, if you believe the Middlesex County Prosecutor’s Office, which is challenging the trial court’s 30-day sentence in the Appellate Division of the NJ Superior Court.  I’ve been writing about this seemingly epic story since Ravi was indicted not because … Continue Reading

Winter Classic Spawns More Litigation

Posted in New Jersey, Sports
You might remember the story about the Woodbridge, NJ cop, and New York Rangers fan, who was badly beaten outside of Geno’s Steaks in South Philly. The beating came on the heels of the 2012 Winter Classic, which is an annual, regular-season NHL hockey game that is played outdoors. This year’s installment featured the New … Continue Reading

The Irony of Technology: Takeaways From #ABATECHSHOW 2012

Posted in Internet & Media Law, New Jersey, Technology Law
I’m writing this from my Chicago hotel room after just getting back from the final session at ABA TechShow® 2012, where I spent the past three days learning about, seeing, and trying the latest and greatest technology tools for practicing law. Ironically, despite the myriad gadgets and tech toys from literally all over the world, the best … Continue Reading

Teen Prank Gone Awry: The Case Against Dharun Ravi

Posted in New Jersey, Privacy Law
I’ve been fortunate enough that over the past week-and-a-half all of my trials/hearings/court appearances have been at the Middlesex County Courthouse, which is not only one block from my New Brunswick, New Jersey office, but also happens to be the venue for the criminal trial of Dharun Ravi, which started on February 20th and is expected … Continue Reading

Lids On Kids: State Law Mandates Ski Helmets

Posted in New Jersey, Sports
As the temperature has finally dipped into the twenties in the northeast, skiers and snowboarders are starting to think about knee-deep powder, but before you head out to the slopes this season, make a quick stop at your local ski or snowboard shop, and get you and your kid properly fitted for snowsports-specific helmet. With … Continue Reading

Stricter Child-Abuse-Reporting Laws May Not Have Prevented the Penn State Scandal From Continuing

Posted in New Jersey, Sports
Even if you believe exiled Penn State FB Coach Mike McQueary’s 11th-hour revelation that he did intervene in the child rape that he says he witnessed in the locker room showers in March 2002, it still doesn’t change the fact that after that incident, Jerry Sandusky continued to have access to, and continued to molest … Continue Reading

NJ Says ‘Yes’ to Sports Betting, But Why?

Posted in New Jersey, Ohio, Sports
A lot of folks might not have even realized that Tuesday was Election Day. As an aside, I find it unfortunate that people don’t take the extra few minutes to stop and vote on every election day — not just when there’s a presidential race, or some other consequence of great magnitude — but I’ll … Continue Reading

Ninth Circuit Gives Green-light to Google AdWords’ Use of Competitors’ Marks

Posted in New Jersey, Trademark
The Ninth Circuit Court of Appeals recently departed from the 30-year-old standard by which federal courts evaluate trademark infringement claims. The issue in that case, Network Automation, Inc. v. Advanced Sys. Concepts, Inc., No. 10-55840 (9th Cir. Mar. 8, 2011), was whether a company infringes on another’s trademark by purchasing the competitor’s registered name or mark to … Continue Reading

Evidence, Witness Tampering & Bias Added to Invasion of Privacy Charges Against Rutgers Student

Posted in New Jersey, Privacy Law
A Middlesex County grand jury returned a 15-count indictment against nineteen-year-old Dharun Ravi, the former roommate of the Rutgers music student who committed suicide last September. Ravi was already facing criminal invasion of privacy charges, for secretly recording his roommate, eighteen-year-old Tyler Clementi, having a homosexual encounter using a webcam. Ravi now faces additional charges … Continue Reading

Expunged Conviction Doesn’t Confer a Right to Sue for Defamation

Posted in New Jersey, Privacy Law, Right of Publicity
First Amendment proponents are applauding yesterday’s NJ Supreme Court decision, which dealt an apparent blow to privacy advocates by holding that the fact that a conviction was expunged does not negate its truth for the purposes of using it as a defense to defamation. As I explained here, defamation claims are not common because they are … Continue Reading

Christie Commutes Controversial Gun Possession Sentence

Posted in New Jersey
Although not directly related to sports or entertainment law, gun possession seems to be a recurring theme with professional athletes (my inaugural post to this blog) so there is a remote nexus. Also, I personally am entertained by NJ Governor Chris Christie, and after all, he is a lawyer (former U.S. Att’y for the District … Continue Reading

GoDaddy Domain Thief to Spend 5 Years in Prison

Posted in Computer Crimes, Cybersquatting, Entertainment Law, Intellectual Property, Internet & Media Law, New Jersey, Sports
This is not cybersquatting. In fact, it’s being called the first legal case of its kind—theft of an Internet domain name. A New Jersey man pleaded guilty to felony theft by deception in connection with his admission that he stole a company’s Internet domain name, and then sold it on eBay for $111,211. The domain … Continue Reading