Competitive Keyword Advertising Lawsuit Will Go To A Jury--Edible Arrangements v. Provide Commerce

Competitive Keyword Advertising Lawsuit Will Go To A Jury–Edible Arrangements v. Provide Commerce

The parties compete in the “chocolate and fruit-based gift packages” market. Provide bought competitive keywords that used the plaintiff’s trademark, including the keywords “edible arrangements,” “edible arrangements locations,” “edible arrangements coupons,” “edible arrangements promotional code,” “edible arrangements bouquet,” “edible arrangements…

Texas Ethics Opinion Approves Competitive Keyword Ads By Lawyers

The Texas State Bar’s Professional Ethics Committee has issued Ethics Opinion #661 approving lawyers’ use of competitive keyword advertising. The opinion concludes: A lawyer does not violate the Texas Disciplinary Rules of Professional Conduct by simply using the name of…

Second Circuit’s Decision in Microsoft v. U.S. (Data Stored in Ireland): Good News for Internet Users? (Guest Blog Post)

by guest blogger Marketa Trimble With the July 14, 2016, decision in Microsoft v. United States (“Microsoft”) by the U.S. Court of Appeals for the Second Circuit, the question arises – as it usually does in cases involving technology in general…

Want An Enforceable Online Contract? Don't Use A Footer Link Called "Reference"--Zajac v. Walker

Want An Enforceable Online Contract? Don’t Use A Footer Link Called “Reference”–Zajac v. Walker

This lawsuit involves the purchase of items I don’t understand. Let’s just call them “thingies.” The buyer Zajac needed thingies with an appropriate rating. It bought the thingies from a distributor, Walker, then realized the thingies didn’t have the appropriate…

Blogger Doing Investigative Research Defeats Personal Jurisdiction–FireClean v. Tuohy

FireClean sells an eponymous cleaning oil, FIREClean, “advertised to reduce carbon residue buildup in firearms.” Andrew Tuohy blogs about firearms at the Vuurwapen blog (Dutch for “firearms”). Allegations swirled that FIREClean was just Crisco. Tuohy worked with a University of…

Search Engine Snippets Protected By Section 230--O'Kroley v. Fastcase

Search Engine Snippets Protected By Section 230–O’Kroley v. Fastcase

The plaintiff’s vanity Google search results included the following snippet: “indecency with a child in Trial Court Cause N . . . Colin O’Kroley v Pringle.” The linked result (to Google Book’s indexing of Texas Advance Sheet–see image) contained a…

Message Board Operator May Be Liable For Moderator’s Content–Enigma v. Bleeping

It’s been a brutal year for Section 230 jurisprudence, and the hits keep coming. In today’s case, the parties ran into a judge who seemed unshakably determined–for reasons I can’t determine–to deny the motion to dismiss. This produces an outlier…

Sideloading Service Defeats Copyright Infringement Claims–BWP v. Polyvore

BWP Media is a celebrity photo agency and a repeat online copyright plaintiff. Polyvore is…well, I don’t really get what they do. They say the site “is a new way to discover and shop for things you love in fashion,…

Was Melania Trump’s Plagiarism Also Copyright Infringement? (Guest Blog Post)

By Guest Blogger Tyler Ochoa The first night of the Republican National Convention generated quite a bit of controversy, as Melania Trump was accused of plagiarizing a key passage in her speech from a similar passage in Michelle Obama’s speech…

Internet Troll’s “Political Shenanigans” Are Protected Speech--State v. Hirschman (Guest Blog Post)

Internet Troll’s “Political Shenanigans” Are Protected Speech–State v. Hirschman (Guest Blog Post)

By guest blogger Prof. Jane Bambauer, University of Arizona James E. Rodgers College of Law Aaron Hirschman, a self-proclaimed “Internet troll,” posted the following message on Craigslist: Wanna make an easy $20 for voting? (Downtown Bend) Are you interested in…