Roca Labs' Anti-Review Clause Violates FTC Act--FTC v. Roca Labs

Good news: a court ruled that Roca Labs anti-review clause violates the law. It’s shocking that Roca Labs chose to defend this practice in court, so it’s not surprising that the judge didn’t endorse it. Bad news: the court relied…

Plaintiff owns copyrights to “The Cobbler” movie and is trying to enforce its rights via litigation in courts around the country. Eric previously blogged about another The Cobbler enforcement suit that didn’t turn out well for the plaintiff. In this…

Like many other states, Vermont has a relatively new crime against nonconsensual pornography (NCP) dissemination. A lower court ruled that the crime was facially unconstitutional. The state appealed. In this ruling, the Vermont Supreme Court grants the “extraordinary” relief of…

“Fake news” is a defining fear about our post-factual Trumpian era, which makes it important enough (or perceived to be so) that government regulators surely must do something about it. In response, the California legislature, demonstrating its characteristic leadership on…

Comments on Trump's Empty Tweetstorm Threatening Social Media Providers

[Over the weekend, a reporter asked me to provide up to 300 words about Trump’s weekend tweetstorm threatening to regulate social media provider due to their alleged bias against conservatives. In light of subsequent events, it’s now clearer that Trump…

This is one of numerous lawsuits against social media providers, seeking to hold them liable for terrorist attacks because they publish third party-provided terrorist-related content. These lawsuits have gone nowhere, including this one. I blogged the dismissal of the Second…

Another Failed Trademark Suit Over Competitive Keyword Advertising--JIVE v. Wine Racks America

The parties compete in the wine rack/wine cellar business. The defendant bought the plaintiff’s trademarks for keyword ads. The plaintiff alleges this creates initial interest confusion. The 10th Circuit’s Lens.com ruling governs this case. The court says that case makes…

This is one of several lawsuits brought by disseminators of anti-social content (in this case, white supremacist content) seeking to prevent social media providers from cutting them off. In June, the lower court surprisingly rejected Twitter’s dismissal motion for the…

Recent Developments Regarding the California Consumer Privacy Act

This post recaps some recent developments related to the California Consumer Privacy Act (which I’m still calling CCPA despite the IAPP’s effort to brand it CaCPA). The Technical Amendments Bill The technical amendments bill is SB 1121. The bill would…

DealDash and Wish are e-commerce vendors. For a while, Wish offered a service called “Deal Dash” for time-limited bargains. Immediately after DealDash sued, Wish renamed its service “Bargain Blitz” and pulled the “DealDash” term from all advertising. DealDash still pressed…