Which Was Dumber--Trash-Talking Tweeting, Or The Decision To Prosecute For It?

Robert Metzinger made the following four tweets during the 2013 World Series in St. Louis: Going to be tailgating with a #PressureCooker during games 3-4-5 in #STL during #WorldSeries. #STLStrong #GoCards #postseason from Springfield, MO. Putting my loft up for…

Blogiversary Bonus! A Video Interview About the Blog

Earlier this month, we celebrated the blog’s 10 year anniversary. In preparation for the anniversary, my RA Addam suggested making a video to help celebrate. After all, we don’t normally generate video content, so I thought it might be fun…

The "Browsewrap"/"Clickwrap" Distinction Is Falling Apart

It is somewhat surprising that, in 2015, courts are still hashing out online consumer contract formation issues. After all, the seminal case, Specht v. Netscape, was decided over a dozen years ago. Yet, a few recent cases show that companies often don’t…

Catching Up on Section 230 Cases From the Past 18 Months

I try to blog every Section 230 case I see. However, over the past year and a half, I’ve collected a few Section 230 cases that I had hoped to blog but that fell through the cracks for one reason…

'Deactivated' Facebook Account Is Discoverable In Litigation (Forbes Cross-Post)

Brannon Crowe injured his knee. He says it happened at work, so he sued his employer. Based on a Facebook message Crowe allegedly sent to a friend, his employer thinks Crowe suffered the injury on a personal fishing trip. The…

Use of Iconic 9-11 Photo in TV Show's Facebook Stream Not Fair Use

Plaintiff owns an iconic 9-11 photo. A producer of Defendants Fox News and Jeanine Pirro’s television show posted an image consisting of the 9-11 image juxtaposed with the iconic World War II photograph of Marines raising the flag at Iwo…

Hoang v. IMDb Argued in the Ninth Circuit

Hoang vs. IMDb, a case we’ve covered closely on the blog, had oral arguments before the Ninth Circuit panel last Friday. The appeal focused on several procedural issues, such as: whether the district court improperly placed the burden on Hoang to…

Damages from Competitive Keyword Advertising Are "Vanishingly Small"

Competitive keyword advertising lawsuits typically lose on their merits, but in this particular case, the defendants conceded that their AdWords campaign contributed to trademark infringement. Nevertheless, the defendants contested damages, and the court tells an oh-so-familiar story: Apparently, Defendants bid…

Blogiversary Celebration Part 4: How Internet Law and IP Law Have Evolved

This is the final part of my four-part series celebrating our 10th blogiversary. I asked the following question: What do you think is the most significant change in intellectual property law or Internet law over the past 10 years? This…

More Defendants Win Keyword Advertising Lawsuits

I’m reporting results in keyword advertising lawsuits as I see them. TL;DR: defendants keep winning. Two more rulings supporting that proposition: CollegeSource, Inc. v. AcademyOne, Inc., 2015 WL 469041 (3d Cir. Feb. 5, 2015). (some citations ommitted) See my blog…