Catching Up on the Parler v. AWS Dispute
…on AWS’s allegedly anticompetitive activities. Without the antitrust angle, Parler must argue that it was wrongly kicked off AWS’s platform. This argument is always a long shot. It may still…
Court Rejects Parler’s Demand That Amazon Host Its Services
…be entitled to a TRO. __ Parler’s lawsuit seems like a long-shot. Amazon faces many antitrust concerns, but favoring Twitter does not seem like a credible one. Twitter will not…
Q2 2020 Quick Links (Everything)
…it appears in the Film is grossly overstated. According to the complaint, the Mural is “presented in a full-screen shot, in perfect focus, and unobstructed to the viewer for several…
E*Trade Defeats Copyright Claim Over Dancing Old Man in Commercial–Vacchi v. E*Trade
…For two more seconds, the shot is of a younger, taller woman in a one-piece bathing suit, also dancing to music. For another two seconds, the man and woman dance…
Court Enforces Arbitration Clause in “Modified Clickwrap”–Chen v. Sierra Trading Post
…does the court know that users wouldn’t need to scroll between order button and the call-to-action? Obviously this screen shot was carefully cropped so it didn’t show the whole page….
Forming an Online Contract May Be Harder Than Tough Mudder’s Salmon Ladder
…Mudder has not proffered any color copies of any screen shots depicting its on-line registration process. In addition, the full text of the PWCR, as provided by Tough Mudder, is…
Copyright Lawsuits Over Product Shots Are Stupid–eTrailer v. Automatic Equipment
…photos and was denied, but took them anyway. Note: it’s relatively unusual for a retailer to sue a manufacturer for infringing product shots. More typically, a manufacturer creates product shots,…
More Kardashian Drama: A Legal Fight Over Ownership of the Kimoji Emoji Set–Liebensohn v. Kardashian (Guest Blog Post)
…attached, Liebensohn claims the letter stated Kardashian West suffered these damages as a result of a screen shot she received from one of the App Social founder’s acquaintances – the…
Gambling App Fails to Create Binding Terms of Service–Wilson v. Huuuge
…Ouch. The court also takes a shot at the fruit stand metaphor that some cases have relied on. ___ The court focuses on the inevitable tension in terms of service…
Section 230’s Success in Under-the-Radar Cases
…was allegedly robbed and shot. Essentially, Lee alleges that if OfferUp had not published the advertisement, he would not have gone to the meeting with the third-parties and would not…