Twitter Defeats FOSTA Case Over CSAM–Doe v. Twitter
This is a FOSTA case. All FOSTA cases are very complicated. (Indeed, almost all of the opinion is spent explaining the background). If you’re new to FOSTA cases and you are baffled by the layers of inferences and arguments here,…
Advertiser Can’t Force Facebook to Run Sex Product Ads–Strachan v. Facebook
Strachan created various Facebook pages and an advertising account. “In April 2020, Facebook cancelled Strachan’s advertising account and removed his advertising content from the platform.” Allegedly, Facebook “determined he was selling ‘Adult Services and/or Products,’ i.e., ‘sex products.’” To make…
Section 230 Helps Amazon Defeat False Advertising Lawsuit Over Printer Ink Cartridges–Planet Green v. Amazon
The plaintiff sells remanufactured printer ink cartridges. The plaintiff claims that Amazon listings falsely claim that other merchants’ cartridges are “remanufactured” or “recycled.” For reasons unclear to me, the plaintiff thought it would be a good idea to sue Amazon…
Suspended Twitter User Loses Lawsuit Over Data Access–Thomas v. Twitter
Twitter suspended the plaintiff’s Twitter account @Zay_Cipher. He wanted access to his content, so he requested an account download. However, he says the download links provided by Twitter were “defective,” so he sued Twitter pro se. Conversion. “Plaintiff’s simple act…
Amazon May Be Liable for Merchant’s Spycam–M.S. v. Amazon
This case involves an “embedded pinhole camera” “disguised” as a “mountable hook” that a Doe merchant offered in Amazon’s Marketplace. Allegedly, Amazon inspected the item three times: Amazon’s Product Safety Team inspected it to confirm it couldn’t be used to…
Section 230 Applies to Doxxing TikTok Video–Couture v. Noshirvan
The court summarizes the plaintiffs’ allegations: Defendant [Danesh] Noshirvan is a TikTok creator. He makes money through TikTok gifts, tips, and subscription fees. His niche is cancel culture. Noshirvan finds a video of someone messing up. He then edits and…
512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial
This case involves two “hard money lending” competitors, Source Capital and Barrett. Allegedly on behalf of Barrett, an SEO vendor sent DMCA takedown notices to Google, alleging that Source Capital had copied some of Barrett’s copyrighted material. Source Capital alleges…
Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta
This case involves the hanging “car freshener” (which usually smells worse than any odors it tries to mask) in the shape of a tree. The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines,…
Some New Section 230 Memes
I gave a brand-new talk about Section 230 at the California Lawyers Association IP Institute. (It was recorded, but I believe it will be behind the CLA paywall). You can see my completely new slide deck here. It contains some…
Section 230 Applies to Nextdoor Consumer Reviews–Duffer v. Nextdoor
The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. A series of other negative reviews followed. An associate of the plaintiff alerted Nextdoor about the reviews…