Second Circuit Rejects Email Service on Chinese Defendants in Baby Shark SAD Scheme Case

This case involves the “Baby Shark” earworm song, which has billions of YouTube views and ranks as the #1 most viewed YouTube video of all time. You already know the lyrics (and associated hand/arm movements) by heart, but the high-quality…

Is Blogging a "Recreational Activity"?--Sander v. Westchester Reform Temple

In 2021, Jessie Sander was hired as a Jewish educator at the Westchester Reform Temple, located in Scarsdale, NY. Sander calls the temple a “Zionist institution.” The temple’s website still publicly espouses support for Israel. Shortly after she was hired,…

Are Robots.txt Instructions Legally Binding?--Ziff Davis v. OpenAI

Robots.txt files express a website’s preferences for robot access. Despite their venerability, there are not many cases discussing the legal implications of robots.txt files and robot exclusion headers.[FN] As a result, we still don’t know if they are legally effective…

COVID Jawboning Lawsuit Dismissed (For Now)--Dressen v. Flaherty

This is a COVID-related jawboning case: Plaintiffs allege that Defendants violated their constitutional rights by pressuring social media companies to ban or limit their social media posts related to the COVID-19 vaccine….Plaintiffs characterize Defendants’ efforts as “relentless pressure, inducement, coercion,…

Court Authorizes Unmasking Subpoena in Copyright Case--In re DMCA Subpoena to GoDaddy

The copyright owner Tamaris claims that 100+ websites, including “casinoestelar.com” and “powerbet.win,” infringe their copyrights. The copyright owner obtained a 512(h) unmasking subpoena and served it on GoDaddy. GoDaddy notified the site operator, who asked the court to quash the…

Visa Isn't Liable for Underenforcing Its No-Surcharge Rule--Williams v. Visa

Visa has a rule that merchants can’t impose surcharges on consumers for using their debit cards. However, merchants widely disregard this rule. The plaintiff: alleges that “Visa does not enforce the No Surcharge Rule in a systematic or effective manner,”…

Copyright Lawsuits Over Embedding Are Still a Thing

After the Ninth Circuit’s Hunley v. Instagram ruling in 2023, I naively assumed that the case established essential precedent that would quickly end other legal challenges to embedding. WRONG! The anti-embedding cases seem to be going strong, especially in SDNY….

Extortion Claims Against Ripoff Report Can Proceed--Selker v. Xcentric

My prior blog post on this case summarized: I’ve blogged many Ripoff Report cases over the years, but it’s been a while since my last one (looks like 2018?). In this case, the plaintiff alleges that someone posted a false attack…

11th Circuit Sidesteps the SAD Scheme's Problems--Ain Jeem v. Schedule A

The plaintiff enforces Kareem Abdul-Jabbar’s IP rights. It is indeed “sad” to see a living legend like Kareem degrade his legacy by participating in a bottom-feeding operation like the SAD Scheme. The plaintiff filed a SAD Scheme case in 2021…

Another Shill Article Tries to Normalize the SAD Scheme

I note the posting of a draft article, which (unfortunately) has been accepted for publication by the Fordham Intellectual Property, Media & Entertainment Law Journal, entitled “Beyond the Brick-and-Mortar Paradigm: The Legal and Procedural Foundations of Schedule A Litigation in…