LinkedIn Can't Shake Publicity Rights Claims Based on Reminder Emails

LinkedIn Can’t Shake Publicity Rights Claims Based on Reminder Emails

This is a lawsuit against LinkedIn alleging that LinkedIn wrongly sent out repeated invites to users’ contacts. In an initial ruling, Judge Koh denied LinkedIn’s request to dismiss on the grounds of standing but dismissed the federal claims for alleged violations of…

Are Parents Liable For Their Children's Online Pranks?--Boston v. Athearn

Are Parents Liable For Their Children’s Online Pranks?–Boston v. Athearn

Dustin Athearn, who was 13, decided to “have some fun” at a “friend’s” expense. He did what any modern teenager does to poke fun at someone: he created a fake Facebook page in their name. Along with a friend Melissa,…

Manuel Noriega Loses Right of Publicity Suit Against Activision (Guest Blog Post)

Manuel Noriega Loses Right of Publicity Suit Against Activision (Guest Blog Post)

By guest blogger Tyler Ochoa What does former Panamanian dictator Manuel Noriega have in common with former NFL running back Jim Brown and a host of former college athletes?  All of them are suing videogame companies for using their likenesses…

Another Messy Employee-Employer Dispute Over Facebook Page Ownership

Another Messy Employee-Employer Dispute Over Facebook Page Ownership

Courtney Austin managed the Preston County Animal Shelter. She was initially hired on an hourly basis but converted at her request to salary. Shortly after she was hired, she created a Facebook page for the shelter, and she sought and…

Q3 2014 Quick Links, Part 1 (RTBF, Reviews, IP & More)

Q3 2014 Quick Links, Part 1 (RTBF, Reviews, IP & More)

Right to Be Forgotten * U.S. Attitudes Toward the ‘Right to Be Forgotten’: 1. Sixty-one percent of Americans believe some version of the right to be forgotten is necessary. 2. Thirty-nine percent want a European-style blanket right to be forgotten,…

Washington State Supreme Court Hears an Interesting Privacy Case: Dillon v. Seattle Deposition Reporters

Washington State Supreme Court Hears an Interesting Privacy Case: Dillon v. Seattle Deposition Reporters

This is a super interesting case that’s working its way through the courts in Washington. In a nutshell, T-Mobile was a defendant in a breach of contract lawsuit brought by NetLogix in the Western District of Washington. T-Mobile was represented…

Employer Isn't Liable When Former Employee Linked His Apple Accounts To Its Devices--Sunbelt v. Victor

Employer Isn’t Liable When Former Employee Linked His Apple Accounts To Its Devices–Sunbelt v. Victor

Victor worked at Sunbelt as a sales rep but left to join a competitor. His former employer is suing him for trade secret misappropriation. Victor asserted privacy-based counterclaims. Sunbelt assigned him an iPhone and an iPad. He created an Apple…

It's Not Possible To Steal Facebook 'Likes'--Mattocks v. BET

It’s Not Possible To Steal Facebook ‘Likes’–Mattocks v. BET

In 2008, Plaintiff Stacey Mattocks developed an (initially unofficial) Facebook page focusing on “The Game,” a television series initially aired on CW and later acquired by BET. In 2010, BET contacted Mattocks and hired her as a part-time worker, paying…

Announcing the Second Edition of "Advertising & Marketing Law: Cases and Materials" by Tushnet & Goldman

Announcing the Second Edition of “Advertising & Marketing Law: Cases and Materials” by Tushnet & Goldman

Rebecca Tushnet and I are pleased to announce the release of Advertising & Marketing Law: Cases and Materials, second edition (2014). It’s available at Gumroad as a $11.50 DRM-free download (PDF version / epub mobile device version) and other outlets….

Conviction for Posting Pages From Teenager's Diary Via Mail and Facebook Partially Reversed

Conviction for Posting Pages From Teenager’s Diary Via Mail and Facebook Partially Reversed

The defendant, Teri Buhl, was prosecuted under a bizarre set of facts. Buhl, a journalist, was in a relationship with P (the opinion does not identify him, but Buhl’s account of the case, linked below, does). P’s daughter kept a…