Seinfeld Prevails in Cookbook Copyright Lawsuit
Posted by: Jill Abitbol
September 22, 2009

This time it appears Jessica Seinfeld, wife of comic Jerry Seinfeld, is getting the last laugh. On September 10, 2009, the United States District Court, Southern District of New York, dismissed all federal copyright, trademark and unfair competition claims brought against Seinfeld by fellow author, Missy Chase Lapine alleging Seinfeld's "Deceptively Delicious" cookbook copied her cookbook, "The Sneaky Chef," both of which discuss ways in which parents may camouflage nutritious foods in their children's meals making for a healthier overall dish. See Lapine, et al. v. Seinfeld, et al., No. 08 Civ. 128 (LTS) (S.D.N.Y. Sept. 10, 2009).

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Veoh Not Liable for Copyright Infringement and Protected by DMCA Safe Harbor . . . for a Second Time
Posted by: Jill Abitbol
September 22, 2009

A federal judge has ruled that Veoh Networks Inc., a web-video host, is entitled to safe harbor under the Digital Millennium Copyright Act ("DMCA") and is not liable for monetary or injunctive relief to members of Universal Music Group ("Universal"), which sued Veoh for copyright infringement. See UMG Recordings, Inc., et al. v. Veoh Networks Inc., et al., CV 07-5744 (AHM) (C.D.C.A. September 11, 2009).

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Lustigman Firm is Legal Counsel to Scavenger Hunt For a $20,000 Diamond Ring
Posted by: Adam Solomon
September 21, 2009

Lustigman Firm is proud to be legal counsel to Michael C. Fina, the Sponsor of the Diamond Dash: Dash for a Diamond & A Cure. The Dash was a scavenger hunt where couples raced around New York City. The Dash utilized technology whereby competitors were sent text messages as clues for the various destinations. Many significant legal issues had to be carefully considered due to the Dash's complexity and reliance on technology.

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Dell Settles with NY AG and Agrees to pay $4 Million for Defrauding NY Consumers
Posted by: Adam Solomon
September 18, 2009

The New York Attorney General and Dell and its subsidiary, Dell Financial Services (DFS), have reached a settlement whereby Dell agreed to by the AG's Office $4 million in restitution, penalties and costs to resolve charges of fraudulent and deceptive business practices across New York State.

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Valueclick Settles Investor Liability Over Deceptive Advertising Allegations
Posted by: Scott Shaffer
September 15, 2009

In an unusual lawsuit, ValueClick, the California-based online advertising company, has agreed to pay a $10,000,000 cash settlement in a false advertising lawsuit (case no. 2:07-cv-05411-DDP-AJW, Carl Waldrep v. Valueclick, Inc.). The unusual twist in this case is that the payments are not earmarked for aggrieved consumers, but instead will go to investors who bought stock in the company from June 2005 through July 2007. The Court will hold a hearing in early November to rule on any objections to the settlement. According to a shareholders' lawsuit filed in federal court in the Central District of California, ValueClick knowingly concealed from its shareholders its "willful and ongoing violations of federal law governing the conduct of the advertising and promotion business that lie at the heart of ValueClick's business operation."

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