Does Google’s Non-Disclosure Agreement With Employees Overreach? (Guest Blog Post)

Guest Post by Sharon K. Sandeen In the lead-up to this year’s Presidential election, there was a lot of chatter about the next “bomb-shell” bit of information that might be revealed about Donald Trump, particularly after his now-infamous pussy-grabbing comments….

Freelance Blogger Denied Unemployment Insurance–In re Mitchell

This case involves author Greg Mitchell. The Nation retained Mitchell as a freelance blogger in 2010. He was expected to blog on a daily/near-daily basis in exchange for $46,800/year paid monthly. He would be separately compensated for any pieces the…

Ten Worst Section 230 Rulings of 2016 (Plus the Five Best)

2016 was a tough year in many respects (check out the #Fuck2016 hashtag), including a swarm of adverse Section 230 rulings. Even in paradigms where the immunity still functions reasonably well, such as user comments on message boards or online…

2H 2016 Quick Links, Part 6 (Section 230)

* Smith v. Alphabet Inc., 2016 WL 3660725 (S.D. Ala. May 23, 2016): “plaintiff’s citation to (and discussion of) § 230 of the CDA in no manner advances his arguments against the corporate defendants inasmuch as it is clear that…

2H 2016 Quick Links, Part 5 (Patents, Other IP, Employment, CFAA)

Patents * Tim Holbrook on how slow FDA procedures contribute to de facto monopolies for off-patent drugs/devices * Washington Post: Patent lawsuits swell and watchdog says the government is to blame * Washington Post: Patent office workers bilked the government…

Tweeting Death Threats Isn’t Juvenile Delinquency–In re R.D.

Teens and Twitter–what could go wrong? A tweetstorm broke out among Colorado high schoolers related to the Arapahoe High School shooting. R.D. joined the fray, tweeting A.C. (at his Twitter alias @iTweetYouShutUp) messages including: • “[i]f I see your bitch…

2H 2016 Quick Links, Part 4 (Counterfeits and Olympics)

“Counterfeits” * Gucci v. Alibaba, Case 1:15-cv-03784-PKC (SDNY Aug. 4, 2016) (cites omitted): Plaintiffs have failed to plausibly allege that the Merchant Defendants engaged in anything but independent conduct, without coordination and for their own economic self-interest. Indeed, the Merchant…

2H 2016 Quick Links, Part 3 (Trademarks and Domain Names)

Trademarks * Evoqua Water Technologies LLC v. M.W. Watermark LLC, 2016 WL 4727432 (W.D. Mich. Sept. 12, 2016) Paragraph 1 of the injunction prohibits the use of marks beginning with “J-,” except pursuant to a fair use. Watermark argues that…

2H 2016 Quick Links, Part 2 (Copyright & Open Access)

Copyright * Goldstein v. Metropolitan Regional Information Systems, Inc., 2016 WL 4257457 (D. Md. Aug. 11, 2016) Unlike in Costar, Goldstein alleges that the Metro Photograph, on its face, contained a watermark indicating that it was copyrighted, which would support…

More Evidence Why Keyword Advertising Litigation Is Waning

A venerable and classic Internet Law question: when a consumer uses a trademark as a search term, what are they looking for? If they are seeking the trademark owner–and only the trademark owner–then competitive keyword advertisers may encroach on the…