Your Periodic Reminder That Initial Interest Confusion Lawsuits Are Stupid--Epic v. YourCareUniverse

Your Periodic Reminder That Initial Interest Confusion Lawsuits Are Stupid–Epic v. YourCareUniverse

The plaintiff has a registered trademark for “CARE EVERYWHERE” for B2B healthcare software. The defendant, YourCareUniverse, also makes healthcare software. It extended its brand to include “YOURCAREEVERYWHERE” and launched a public-facing patient healthcare portal under the extended brand. The plaintiff…

WARNING: Draft "No Immunity for Sex Traffickers Online Act" Bill Poses Major Threat to Section 230

WARNING: Draft “No Immunity for Sex Traffickers Online Act” Bill Poses Major Threat to Section 230

I rarely blog about draft bills that have not yet been introduced. Sometimes those drafts never get introduced at all; other times, the draft bills are revised in key ways before introduction. This particular draft has been circulating for a…

Judge Balks At Section 230 Protection For Email Forwarding–Samsel v. DeSoto County School District

Today’s blog post covers a very long opinion (70 pages!) involving a school principal effectively firing a successful football coach in football-crazed northern Mississippi. If you want a taste of how much angst that can create, try to wade through…

eBay Isn't Liable for Patent-Infringing Marketplace Sales--Blazer v. eBay

eBay Isn’t Liable for Patent-Infringing Marketplace Sales–Blazer v. eBay

Blazer owns patent 8,375,624 for “Carpenter Bee Traps.” He filed NOCIs with eBay alleging the sale of infringing items on eBay. The court says “eBay has a policy to quickly remove listings when a [patent] NOCI provides a court order,…

Constitution Protects Publication of Politicians’ Home Address/Phone Number–Publius v. Boyer-Vine

Doe Publius (nice alias) runs the “The Real Write Winger” blog, hosted by WordPress. He was unhappy about California’s ammunition purchase registry, which publishes “the driver’s license information, residential address and telephone number, and date of birth for anyone who…

Trademark Owner's Bubble Bursts In Lawsuit Over Soap--Bubble Genius v. Just Bubbly

Trademark Owner’s Bubble Bursts In Lawsuit Over Soap–Bubble Genius v. Just Bubbly

FFS, even bathtime isn’t a litigation-free zone any more. This case involves rival makers of soap themed on the periodic table of the elements. My screenshot of the plaintiff’s offerings: As the court says, the plaintiff’s unregistered (alleged) trade dress…

New Paper: “The Defend Trade Secrets Act Isn’t an ‘Intellectual Property’ Law”

Congress worked on the Defend Trade Secrets Act (DTSA) for years, yet the final product has a number of rough edges and curiosities. One example is the following sentence: This section and the amendments made by this section shall not…

New Essay: Understanding the Consumer Review Fairness Act of 2016

I’ve posted a new essay, Understanding the Consumer Review Fairness Act of 2016, to SSRN. It will be published later this year in the Michigan Telecommunications and Technology Law Review (MTTLR). I trust most of you already know about the…

Section 230 Protects Grindr From Harrassed User’s Claims–Herrick v. Grindr

This is a well-constructed and thoughtful Section 230 ruling. If this case keeps going in the same direction, it has the potential to become a major Section 230 precedent. Herrick claims that ex-boyfriend JC used Grindr to launch a vicious…

Revisiting If Suing Bloggers For Copyright Infringement Can Be Profitable–BWP v. Mishka

Ever since the Righthaven debacle, I’ve been wondering about the profitability of copyright enforcement actions against bloggers. Bloggers aren’t the deepest pockets, and numerous copyright doctrines make wins and big judgments expensive and unlikely, plus a single 505 fee shift…