Hacky Sacker's Publicity Rights Claim Against Energy Drink Tossed--Martin v. 5-Hour Energy Drink

Hacky Sacker’s Publicity Rights Claim Against Energy Drink Tossed–Martin v. 5-Hour Energy Drink

Johannes (Ted) Martin was (and is currently) the world record holder for “most consecutive kicks (no knees)” of a hackysack. A five hour energy drink made an advertisement depicting an unknown actor claiming he performed several superhuman tasks, including breaking…

2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce)

2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce)

Marketing/Advertising * Jezebel: The Big Bad World of Products Celebrities Promote on Instagram. Related blog post. * NY Times: Cool Influencers With Big Followings Get Picky About Their Endorsements * NY Times: Since signing with Brooks on Jan. 1, 2014,…

TCPA Claim Against Non-Sender Fails

TCPA Claim Against Non-Sender Fails

Plaintiffs sued American Eagle Outfitters and Experian, alleging claims under the TCPA for unwanted text messages. American Eagle is the retailer, and Experian provides marketing services. But neither of these entities actually pressed the “send” button. We’ve seen disputes over…

Third Circuit Revives TCPA Case Against Yahoo

Third Circuit Revives TCPA Case Against Yahoo

A Yahoo user alleged that he purchased a phone that came with a preassigned telephone number. The previous subscriber of this number apparently set his account so emails sent to his Yahoo account triggered a text message to this phone…

Stockholders Can't Sue Yelp Because Of Fake Reviews (Forbes Cross-Post)

Stockholders Can’t Sue Yelp Because Of Fake Reviews (Forbes Cross-Post)

Are there fake user reviews on Yelp? Sure–Yelp freely admits it. Nevertheless, plaintiffs have attempted a variety of legal theories to hold Yelp legally responsible for those fake reviews. Recently, a federal court shut down one of those lawsuits, holding…

Court Rejects TCPA Claim on the Basis of Implied Consent

Court Rejects TCPA Claim on the Basis of Implied Consent

Plaintiff sued on behalf of a putative class, alleging that he received marketing messages from Five Stars Loyalty that violated his rights under the TCPA. Plaintiff had lunch at a Flame Broiler restaurant and asked the cashier about the Five…

Another Murky Opinion on Lawyers Buying Keyword Ads on Other Lawyers' Names--In re Naert

Another Murky Opinion on Lawyers Buying Keyword Ads on Other Lawyers’ Names–In re Naert

I recently posted a co-authored article, Regulation of Lawyers’ Use of Competitive Keyword Advertising, discussing lawyers’ use of competitive keyword ads triggered by other lawyers’ names. That article examines both IP laws and attorney rules of professional conduct and explains…

Another Tough Section 230 Ruling For Ripoff Report--Vision Security v. Xcentric

Another Tough Section 230 Ruling For Ripoff Report–Vision Security v. Xcentric

Maybe Ripoff Report’s luck in court is finally running out. I recently blogged on a bizarre case in Iowa where the court held that Ripoff Report couldn’t claim Section 230 protection for contributions made by a guy named Meade. I…

Backpage Gets Bummer Section 230 Ruling in Washington Supreme Court--J.S. v. Village Voice

Backpage Gets Bummer Section 230 Ruling in Washington Supreme Court–J.S. v. Village Voice

I have conflicting feelings about the legal efforts to eliminate online prostitution advertising. I’m aware of the critical role that online advertising can play in human sex trafficking and other associated crimes. However, it’s less clear to me whether shutting…

Travel Blogger Denied Tax Writeoff For European Backpacking Trip (Forbes Cross-Post)

Travel Blogger Denied Tax Writeoff For European Backpacking Trip (Forbes Cross-Post)

It sounds like every blogger’s dream: take a half-year vacation to travel the globe–and make the trip tax-deductible by blogging it! Unfortunately, you can’t cheat the tax man so easily, as one enterprising blogger discovered the hard way. The Case…