Eighth Circuit Embraces the Initial Interest Confusion Doctrine. What??? UGH. No. Why???--Select Comfort v. Baxter

The initial interest confusion doctrine has always been a misguided doctrine that is too easy for plaintiffs to weaponize. Fortunately, the doctrine has been dying for over a decade. Few opinions mention it nowadays, and even fewer cite it in…

The Ninth Circuit's Confusing Ruling Over Snapchat's Speed Filter--Lemmon v. Snap

This is a tricky opinion to decipher. This opinion might say that Section 230 categorically doesn’t apply if the plaintiff claims an Internet service is defectively designed. That reading would largely reject the important First Circuit Doe v. Backpage ruling…

Depiction of Michigan as Hands Doesn't Preclude Similar Depictions--High Five v. MFB

High Five Threads sells t-shirts and tchotchkes. It claims copyright and trademark protection for a depiction of upper and lower Michigan as two hands (left-most image below). People routinely depict lower Michigan as a hand, and apparently others envision the…

Comments on the Oversight Board's Decision Regarding Trump's Facebook Account

Today, the Oversight Board issued its decision regarding Facebook’s decision to suspend Trump’s account for two posts Trump made during the January 6 insurrection. The decision covers a lot of ground (it’s nearly 12k words), and I’ll only cover part…

A Roundup of CCPA Court Decisions (I Only Know of 7)

This post recaps the court decisions analyzing the California Consumer Privacy Act (CCPA) so far. I only know of seven opinions as of May 1, 2021, a number that struck me as surprisingly small. (If you think I’m missing any,…

This is another lawsuit over a fiery Chinese-manufactured hoverboard sold through Amazon’s marketplace. In Bolger v. Amazon from August 2020, a California appellate court held that Amazon was strictly liable for marketplace items it fulfilled, and Section 230 immunity didn’t…

Minors allege that Amazon’s Alexa service improperly stores or utilizes their voiceprints. The district court denied Amazon’s request to force arbitration of the claims based on the fact that the plaintiffs, who were minors, were not signatories (or had not…

Ninth Circuit Rejects Lawsuit Over Hijacked Facebook Account--Long v. Dorset

Long is a book author. He ran a Facebook business page to promote his work. An interloper, using the alias “Tammy Dorset,” gained administrator access to the Facebook page. Once in control of the page, Dorset allegedly posted items that…

CCPA Data Breach Lawsuit Against Walmart Fails--Gardiner v. Walmart

This is a data breach lawsuit against Walmart in which plaintiff (on his own behalf and on behalf of a putative class) asserts that his data is being currently sold on the dark web. Plaintiff asserted the typical claims, but…

Massachusetts Supreme Court Says Turo Doesn't Qualify for Section 230...Sometimes...--Massport v. Turo

Turo facilitates peer-to-peer car rentals. It provided an option for users to pickup/dropoff at Logan Airport, but Turo took the position that it wasn’t a car rental service pursuant to the applicable regulations. The airport authority (Massport) sued Turo and…