Homeowners Can’t Sue Over Low Zestimates–Patel v. Zillow

Have you ever looked at Zillow’s zestimate for your residence? I treat zestimates as entertainment more than truth, much like going to an astrologer. But if the zestimate is way below a property’s listing price, that’s going to spook some…

Facebook Defeats Lawsuit Over Failure to Remove User Pages–Cross v. Facebook

[It’s impossible to blog about Section 230 without reminding you that Congress is on the cusp of gutting it.] The principal plaintiff, performer Mikel Knight, was the subject of critical Facebook posts related to two fatal accidents by his tour…

1H 2017 Quick Links, Part 1 (Trademarks, Keyword Ads)

Trademark * Viacom Int’l Inc v. IJR Capital Investments LLC, 2017 WL 107141 (S.D. Tex. Jan. 11, 2017): “Because “The Krusty Krab” is a recurring element of the “SpongeBob SquarePants” show, the court finds that the mark is eligible for…

You Can't Be Fired For a Facebook Post Calling Your Boss a "LOSER"--NLRB v. Pier Sixty

You Can’t Be Fired For a Facebook Post Calling Your Boss a “LOSER”–NLRB v. Pier Sixty

This is a Facebook firing case. The employee worked at Pier Sixty, which operated a catering company in New York. In early 2011, its employees became involved in a union organizing campaign, ultimately voting to unionize. Hernan Perez worked as…

New Draft Article: “Judicial Resolution of Nonconsensual Pornography Dissemination Cases”

I’ve posted to SSRN a new article titled Judicial Resolution of Nonconsensual Pornography Dissemination Cases. I co-authored it with Angie Jin, a recent Cornell Law alum. The paper is in draft form, and we would gratefully welcome your comments. The…

Ellen DeGeneres Defeats Lawsuit Over Breast Pun--TiTi Pierce v. Warner Bros

Ellen DeGeneres Defeats Lawsuit Over Breast Pun–TiTi Pierce v. Warner Bros

The Ellen Show, featuring Ellen DeGeneres, runs a periodic segment called “What’s Wrong with These Signs? Signs.” In Feb. 2016, the segment included a sign for “Nipple Convalescent Home” followed by the plaintiff’s real estate yard sign, displaying her name…

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 5 (Patents, Other IP, Employment, CFAA)

Patents * Tim Holbrook on how slow FDA procedures contribute to de facto monopolies for off-patent drugs/devices * Washington Post: Patent lawsuits swell and watchdog says the government is to blame * Washington Post: Patent office workers bilked the government…

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…

Adding Derogatory Caption to Photo Meme Can Be False Light--S.E. v. Chmerkovskiy

Adding Derogatory Caption to Photo Meme Can Be False Light–S.E. v. Chmerkovskiy

S.E. has Down Syndrome. The complaint alleges that in 2008, S.E. attended a baseball game (at the age of 8) in Nashville and was photographed standing outside the stadium near a concession stand. The photographer posted the photo to his…