Confusion From Competitive Keyword Advertising? Fuhgeddaboudit

Confusion From Competitive Keyword Advertising? Fuhgeddaboudit

[Note: I wrote this post over the weekend, before the atrocious MTM v. Amazon case. I think virtually all of this post remains current despite that ruling. I’ll blog the MTM case separately.] I’ve been chronicling the futility of competitive…

Q4 2014 & Q1 2015 Quick Links Part 6 (Google, Search Engines, Antitrust)

Q4 2014 & Q1 2015 Quick Links Part 6 (Google, Search Engines, Antitrust)

The big news this morning is that the European Commission sent a Statement of Objections to Google. Other links from the past few months, many of them related to this development. Google * Mistakenly released FTC Staff Report on its…

Q4 2014 & Q1 2015 Quick Links Part 4 (Potpourri)

Q4 2014 & Q1 2015 Quick Links Part 4 (Potpourri)

Commerce * NAD tells CheapoAir that it can’t run keyword ads showing the lowest priced flight in its database if it can’t deliver that fare to the consumer. * United Airlines sues 22-year-old who found a method for buying cheaper…

Q4 2014 & Q1 2015 Quick Links Part 3 (Facebook)

Q4 2014 & Q1 2015 Quick Links Part 3 (Facebook)

* AP: Facebook Tells DEA To Stop Operating Fake Profile Pages. Really, that even needs to be said??? Facebook’s letter. WSJ Law Blog: U.S. to Pay Woman $134,000 for Impersonating Her on Facebook * What do people mean when they “like”…

Q4 2014 & Q1 2015 Quick Links Part 2 (Dating, Sex, Pornography)

Q4 2014 & Q1 2015 Quick Links Part 2 (Dating, Sex, Pornography)

Dating and Sex * The Atlantic: The Adultery Arms Race * NY Times: Extramarital Dating Site Unsettles the Land of Discreet Affairs * San Francisco Magazine: The cold mathematics of sugar daddy dating. * FTC: Online Dating Service Agrees to…

Trial Court Doesn't Unmask Parodist Twitterers

Trial Court Doesn’t Unmask Parodist Twitterers

Plantiffs are trying to unmask Twitter users who make derogatory posts about the plaintiff corporate entities and their CEO. (Initial blog post about the case filing here.) They filed suit in the Western District of Washington, and sought and were…

'Deactivated' Facebook Account Is Discoverable In Litigation (Forbes Cross-Post)

‘Deactivated’ Facebook Account Is Discoverable In Litigation (Forbes Cross-Post)

Brannon Crowe injured his knee. He says it happened at work, so he sued his employer. Based on a Facebook message Crowe allegedly sent to a friend, his employer thinks Crowe suffered the injury on a personal fishing trip. The…

Are Facebook Photos More Discoverable In Litigation Than Other Social Media Content? (Forbes Cross-Post)

Are Facebook Photos More Discoverable In Litigation Than Other Social Media Content? (Forbes Cross-Post)

Social media posts often play an important part in litigation. Posts can provide more insight into the truth than a litigant’s “official” story in court. A 2009 case stands out: a woman was accused of illegally racing on a freeway…

Court Rejects Argument That ECPA Does not Apply to Spousal Interception of Email--LaRocca v. LaRocca

Court Rejects Argument That ECPA Does not Apply to Spousal Interception of Email–LaRocca v. LaRocca

Eloisa LaRocca alleged that her former husband installed spyware on her computer and intercepted emails she sent. The ex-husband moved for summary judgment on the basis that ECPA did not apply to spousal interceptions of electronic communications. The ex-husband also…

Jointly Editable Online Document Doesn't Provide Evidence of Contract Formation--Turner v. Temptu

Jointly Editable Online Document Doesn’t Provide Evidence of Contract Formation–Turner v. Temptu

The litigants discussed working together to launch a new product in the marketplace. As seems to be inevitable in situations like this, the parties’ relationship fell out. Trying to salvage something from the situation, Turner alleged the parties had formed…