Face Scanning Lawsuit Against Shutterfly Survives Motion to Dismiss

This is a lawsuit against Shutterfly alleging violations of Illinois’ biometric information privacy act. The plaintiff, who is not a Shutterfly customer, alleged that a photograph of him was uploaded (by a Shutterfly customer) to Shutterfly’s site and the uploader…

Doubling (& Tripling) Down on Trademark Protection For Secret Menu Items--In-N-Out v. Smashburger (Guest Blog Post)

Doubling (& Tripling) Down on Trademark Protection For Secret Menu Items–In-N-Out v. Smashburger (Guest Blog Post)

by guest blogger Alexandra Jane Roberts Last week, California-based burger chain In-N-Out sued Denver-based Smashburger, alleging infringement and dilution of trademarks including DOUBLE-DOUBLE and TRIPLE TRIPLE (for, among other things, “hamburger sandwiches and cheeseburger sandwiches”). Smashburger recently applied to register…

Facebook Wins Appeal Over Allegedly Discriminatory Content Removal–Sikhs for Justice v. Facebook

[It’s impossible to blog about Section 230 without reminding you that Congress is on the cusp of gutting it.] I previously summarized this case: Sikhs for Justice (“SFJ”) is a human rights group advocating for Sikh independence in the Indian…

No "Contract By Tweet" for Plaintiff Who Pitches Movie Idea via Social Media

No “Contract By Tweet” for Plaintiff Who Pitches Movie Idea via Social Media

This is an idea theft case based on the idea behind “Creed” the movie, a spinoff of the famous Rocky movies. Jarrett Alexander alleged that he came up with the idea for Creed, drafted the screenplay, and put together a…

Catching Up on Ninth Circuit CFAA Jurisprudence (Internet Law Casebook Excerpt)

[Eric’s note: this is another excerpt from my Internet Law casebook. Venkat and I couldn’t blog last year’s chaotic and messy Ninth Circuit’s CFAA jurisprudence in real time. I nevertheless took one for the team and tried to make sense of the…

Global Content Removals Based on Local Legal Violations (Internet Law Casebook Excerpt)

[Eric’s note: I’m sharing an excerpt from my Internet Law casebook discussing transborder content removal orders, including the Equustek case.] From the Internet’s earliest days, the tension between a global communication network and local geography-based laws has been obvious. One…

Non-Compete Applies To Facebook Page for Unlaunched Business--Joseph v. O'Laughlin

Non-Compete Applies To Facebook Page for Unlaunched Business–Joseph v. O’Laughlin

This is another case where the defendant allegedly solicits customers or employees over social media in the face of a restrictive covenant. We recently blogged a couple of cases involving solicitations over LinkedIn. This case involves solicitations over Facebook. O’Laughlin…