Faulty Mobile Device User Interface Jeopardizes Uber’s Contract Formation--Metter v. Uber

Faulty Mobile Device User Interface Jeopardizes Uber’s Contract Formation–Metter v. Uber

This is a lawsuit against Uber alleging that it improperly assessed a cancellation fee without advising the rider in advance. Uber sought to compel arbitration. The court declines. The arbitration clause is contained in Uber’s terms of service, and the…

FTC Explains Why It Thinks 1-800 Contacts' Keyword Ad Settlements Were Anti-Competitive--FTC v. 1-800 Contacts

FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. 1-800 Contacts

As you may recall, the FTC is pursuing 1-800 Contacts for antitrust violations based on 1-800 Contacts having sued and then settled with competitors who bought keyword ads on 1-800 Contacts’ trademarks. Recently, the FTC filed its “Complaint Counsel’s Corrected…

E-SIGN and EFTA Permit Telephonic Consent to Automatic Debits with Mailed Confirmation–Blatt v. Capital One (Guest Blog Post)

[By guest blogger John Ottaviani. John is an attorney with the Rhode Island and Massachusetts-based law firm Partridge Snow & Hahn LLP. His practice focuses on transactions, contracts, and intellectual property protection for businesses of all sizes. He is also a member of the…

Retailer's TOS Fails, But New Jersey Warranty Notice Claim Loses Anyway

Retailer’s TOS Fails, But New Jersey Warranty Notice Claim Loses Anyway

Plaintiff alleges that she purchased a cosmetic product from Lush Internet. While she did not allege anything was wrong with the product and does not appear to have any other qualms with the transaction itself, she alleged that Lush’s terms…

Appeals Court Affirms Rejection of Gambling Claims Against Machine Zone

Appeals Court Affirms Rejection of Gambling Claims Against Machine Zone

This is a lawsuit against Machine Zone relating to the “Game of War” in-app game of chance mechanics. Players download GoW—an online strategy game—for free. However, they can purchase virtual gold at prices ranging from 4.99 to 99.999. They can…

New Essay: Understanding the Consumer Review Fairness Act of 2016

I’ve posted a new essay, Understanding the Consumer Review Fairness Act of 2016, to SSRN. It will be published later this year in the Michigan Telecommunications and Technology Law Review (MTTLR). I trust most of you already know about the…

Copyshop Covered By “Non-Commercial” Creative Commons License–Great Minds v. FedEx

Great Minds developed a math curriculum called Eureka Math. It commercializes the Eureka Math materials itself but also released the materials pursuant to a Creative Commons Attribution-NonCommercial-Sharealike (CC BY-NC-SA) 4.0 license. Great Minds discovered at least two circumstances where school…

YouTube Defeats Another Remove-and-Relocate Case–Darnaa v. Google

YouTube has been sued a few times for removing a video based on its spam policies and then relocating it to a new URL because remove-and-relocate breaks in-bound links (and any associated marketing investments) and resets the view counter. This…

University Rejection of Students' Marijuana-Themed T-Shirt Violates First Amendment--Gerlich v. Leath

University Rejection of Students’ Marijuana-Themed T-Shirt Violates First Amendment–Gerlich v. Leath

Iowa State (ISU) officially recognizes a student chapter for NORML, a marijuana advocacy group. All ISU student groups can use ISU trademarks on merchandise if they comply with the “Guidelines for University Trademark Use by Student and Campus Organizations,” as…

Actress in Viral Video Can't Prevent Video From Being Made Into an Advertisement--Roberts v. Bliss

Actress in Viral Video Can’t Prevent Video From Being Made Into an Advertisement–Roberts v. Bliss

Bliss produced a viral video called “10 Hours Walking in NYC as a Woman” featuring actress Shoshana Roberts. You probably saw this video when it came out; it has been viewed over 40M times. The video shows how random strangers…