This opinion is an offshoot of the multitudinous Meta Pixel cases. LinkedIn offered its own tracking technology called the Insight Tag. Prior blog post. In this case, two healthcare entities, Covered California and Nevada Health Link, installed the Insight Tag,…
The jurisprudence of parody dog toys and trademark dilution continues to grow. š In this case, “JDPI argues that the Bad Spaniels toy dilutes its marks ‘by associating the famed whiskey with,’ as the Supreme Court put it, ‘dog excrement.’”…
This case involves two competitors in the vehicle-battery charger industry. The plaintiff calls its offering “Battery Tender” (based on the analogy of a ship’s tender) and claims trademark rights in the term. Believing that the term is generic, NOCO began…
by guest blogger Kieran McCarthy I recently described the district courtās decision in the case of Amazon v. Perplexity as āa shockingly poor effort to grapple with CFAA applicability to agentic AI technology.ā The Ninth Circuit appears to have agreed….
by Prof. Marketa Trimble UNLV Boyd Law School Last month, while sitting at Amsterdamās Schiphol Airport, a passenger typed www.annefrankmanuscripten.org on her laptop to look up the website at issue in the latest judgment by the Court of Justice of…
Last week, I blogged the Moss v. GoDaddy decision holding that a key part of California’s Yelp Law doesn’t authorize a private right of action. If you didn’t read that post, go read it now because this post assumes you…
Starting in 2024, Harbor Freight deployed the following cookie banner: The court accepts Harbor Freight’s claim that the “2024 Cookie Banner was displayed on each page on the Website until the user interacted with it, even if the user had…
Iām pleased to announce the 2026 edition (17th edition) of my Internet Law casebook, Internet Law: Cases & Materials. The book is available in multiple formats: a PDF for $10, a Kindle ebook for $10, a softcover version for $20,…
In a prior post, I surveyed the rates at which consumers do not complete online age authentication processes, what I call the “balk” rate. There is no single canonical balk rate. It varies by destination behind the authentication wall, the…
The “Yelp Law,” California Civil Code 1670.8, has two main provisions: (a)(1) A contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement…