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…

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…

Blogger Isn’t Liable for Anonymous Comments–Griffith v. Wall

[It’s impossible to blog about Section 230 without reminding you that Congress is on the cusp of gutting it.] Griffith blogs at the Lumberton Informer. He has criticized Wall, Lumberton’s municipal clerk. The blog allows anonymous comments, and Wall claimed…

Section 512(f) Complaint Survives Motion to Dismiss–Johnson v. New Destiny Church

Section 512(f) litigation has resulted in so much futility that it’s big news when a 512(f) complaint even survives a motion to dismiss. In this case, Johnson allegedly displayed copyrighted photos and videos of Paula White Ministries (the court implies…

German Court Says Ad-Blocking is Liberation, Not Extortion (Guest Blog Post)

[By guest blogger Russell A. Miller, the JB Stombock Professor of Law at Washington & Lee University, where his teaching and research focuses on German law and legal culture. He is the co-founder and Co-Editor-in-Chief of the German Law Journal. He has…

Homeowners Can’t Sue Over Low Zestimates–Patel v. Zillow

Have you ever looked at Zillow’s zestimate for your residence? I treat zestimates as entertainment more than truth, much like going to an astrologer. But if the zestimate is way below a property’s listing price, that’s going to spook some…

Backpage Executives Must Face Money Laundering Charges Despite Section 230--People v. Ferrer

Backpage Executives Must Face Money Laundering Charges Despite Section 230–People v. Ferrer

Yesterday, a California superior court judge dismissed pimping charge (due to Section 230) but did not dismiss money laundering charges against three Backpage executives. This ruling has potentially significant consequences for Backpage and its executives, the pending Congressional bills to…

Browsewrap/Clickwrap Distinction Vexes Another Court--Nevarez v. Ticketmaster

Browsewrap/Clickwrap Distinction Vexes Another Court–Nevarez v. Ticketmaster

We just blogged about online contract formation yesterday, but it’s worth revisiting the topic so quickly because this case demonstrates another crash-and-burn failure of the browsewrap-clickwrap dichotomy. How many times must the “wrap” categorization fail before judges recognize that it’s…