White-on-White Trademark Usage Might Constitute Initial Interest Confusion–Agdia v. Xia

Are we really litigating trademark references in white-on-white text in 2017??? Yes, we are, and yes, the whole case is a throwback to the mid-2000s (e.g., the 2008 Venture Tape case)–with effects that would be comical if they weren’t so…

How Section 230 Helps Sex Trafficking Victims (and SESTA Would Hurt Them) (Guest Blog Post)

by guest blogger Alex F. Levy [Eric’s introduction: Alex Levy teaches Human Trafficking and Human Markets at Notre Dame Law School. She has written a timely and provocative article, The Virtues of Unvirtuous Spaces, about Backpage and online sexual commerce….

Facebook Defeats Another Case Over Not Removing User Comments–La’Tiejira v. Facebook

In terms of legal doctrine, this case is virtually identical to the Cross v. Facebook case I recently blogged. In both cases, the plaintiff sued Facebook for not removing user posts. In both cases, Facebook won an anti-SLAPP motion (CA…

Trademark Injunction Issued Against Print-on-Demand Website--Harley Davidson v. SunFrog

Trademark Injunction Issued Against Print-on-Demand Website–Harley Davidson v. SunFrog

The print-on-demand business is a legally risky one. As I recently blogged, in June a court ruled that Zazzle did not qualify for the DMCA 512 safe harbor. This ruling is even more troubling. Are the days of print-on-demand services…

Facebook Defeats Lawsuit Over Failure to Remove User Pages–Cross v. Facebook

[It’s impossible to blog about Section 230 without reminding you that Congress is on the cusp of gutting it.] The principal plaintiff, performer Mikel Knight, was the subject of critical Facebook posts related to two fatal accidents by his tour…

Section 230 Helps Yahoo Defeat Lawsuit Over Online Harassment Campaign–Hall v. Yahoo

[It’s impossible to blog about Section 230 without reminding you that Congress is on the cusp of gutting it.] Thomas Hall is a lawyer and author. He claims he was targeted for email harassment by several individuals. He further claims…

1H 2017 Quick Links, Part 9 (Justice System, Social Media, Miscellaneous)

Justice System * Paleteria La Michoacana, Inc. v. Productos Lacteos Tocumbo S.A., No. 11-1623 (D.D.C. Mar. 30, 2017): “The Court notes that a growing number of legal scholars are turning to blogs and other online media to publish their work…

1H 2017 Quick Links, Part 8 (Trump, Immigration)

[Note: I very rarely blog about general politics, and I promise that won’t change. However, times are not normal. We have elected a president who lies for sport. takes more hypocritical positions in a week than most of us will…

Section 230 Helps VRBO Defeat Claim Over Fraudulent Listing–Hiam v. Homeaway

[It’s impossible to blog on Section 230 rulings right now without acknowledging that Section 230 is facing its most serious threat to date. I doubt the bills would change the result in this ruling, but the bills would so radically…