Illinois Anti-SLAPP Law Doesn’t Apply To Law Firm Blog Posts–Bock & Hatch v. McGuireWoods

We’re revisiting the important and entirely self-referential issue of defamation liability for blogging about judicial opinions. As I’ve discussed before (this post is perhaps my most heartfelt), blogging about judicial opinions is automatically risky because at least one side has…

Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v. Amazon

Lasoff owns Ingrass, which makes artificial turf. He claims he’s losing business to “cheaper, counterfeit” versions of Ingrass. (The opinion uses the term “counterfeit,” though it probably means knockoffs). He objects to the fact that Amazon runs keyword ads for…

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…

2H 2016 Quick Links, Part 10 (Marketing, Uber, Airbnb, Taxes & More)

Marketing/Advertising * Danny Sullivan: Facebook’s racial targeting isn’t new, bad or always illegal despite renewed attention * In re Sling Media Slingbox Advertising Litigation (SDNY Aug. 12, 2016). Sling isn’t liable to consumers for adding its own ads to recorded…

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…

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…

Backpage Executives Defeat Pimping Charges Per Section 230–People v. Ferrer

When Kamala Harris’ office filed pimping charges against three Backpage executives, I wondered: why now? why pimping? After all, in 2013, California AG Kamala Harris signed a letter to Congress saying that Section 230 “prevents State and local law enforcement…

Announcing the Third Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Announcing the Third Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Rebecca and I are pleased to announce the publication of the third edition of our casebook, Advertising & Marketing Law: Cases & Materials. It is available for purchase in the following formats: * As a DRM-free PDF file. Price: $11.50…

Plaintiffs' Law Firm Can Reference Targeted Business' Name In Ad Copy--McHugh Fuller v. Pruitt

Plaintiffs’ Law Firm Can Reference Targeted Business’ Name In Ad Copy–McHugh Fuller v. Pruitt

PruittHealth operates nursing homes in the Southeast. The McHugh Fuller law firm regularly sues nursing homes (their tagline: “Nursing Home Law…It’s What We Do”). To drum up business, in March 2015, it ran the following ad in the Moultrie, Georgia…

Backpage Can’t Challenge the SAVE Act–Backpage v. Lynch

I never had a chance to blog the 2015 SAVE Act, but I always meant to. It’s one of the rare times that Congress intentionally circumscribed Section 230. However, instead of amending Section 230 directly, Congress added a federal criminal…