Recap of the California Assembly Hearing on the California Consumer Privacy Act

…He wants to address the overly onerous provisions to businesses, such as the requirement that businesses have a 1-800 phone number. MacTaggart explained that the 1-800 number requirement helps provide…

2H 2018 Quick Links, Part 6 (IP, E-Commerce, Censorship, & More)

Intellectual Property * Daniel v. FanDuel (Ind. Oct. 24, 2018): “online fantasy sports operators that condition entry to contests on payment and distribute cash prizes do not violate the Indiana…

When a $1M+ Publicity Rights Damages Award Isn’t a Win–Olive v. GNC

This case provides a fascinating look into the rough-and-tumble world of publicity rights damages. It raises the philosophical, and intensely practical, question of just how much a face is worth….

The Ongoing Saga of the Florida Bar’s Angst About Competitive Keyword Advertising

…FTC’s Antitrust Win Against 1-800 Contacts’ Keyword Ad Restrictions * 1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. 1-800 Contacts * FTC…

Your Periodic Reminder That Keyword Ad Lawsuits Are Stupid–Passport Health v. Avance

…v. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. 1-800 Contacts * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v. Amazon…

Eighth Lawsuit Against Social Media Providers for “Materially Supporting Terrorists” Fails–Copeland v. Twitter

This is another 1-800 LAW FIRM lawsuit against social media providers for allegedly materially supporting terrorists. Like the others, it fails. In light of the Ninth Circuit’s Fields opinion, dismissing…

Restricting Competitive Keyword Ads Is Anti-Competitive–FTC v. 1-800 Contacts

…searching for 1-800 Contacts’ trademark terms. 1-800 Contacts’ trademark terms have higher conversion rates than non-branded search terms. Similarly, for 1-800 Contacts’ online rivals, advertising displayed for searches on 1-800

Seventh Different Lawsuit Against Social Media Providers for “Material Support to Terrorists” Fails–Taamneh v. Twitter

…clear beyond a doubt. Also, I admire the dogged determination (stubbornness?) of the plaintiffs’ lawyers (almost all cases are by Excolo and 1-800 LAW FIRM) for bringing this many cases…

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

…Contacts’ Keyword Ad Restrictions * 1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. 1-800 Contacts * FTC Explains Why It Thinks 1-800

Negative Keywords Help Defeat Preliminary Injunction–DealDash v. ContextLogic

…Tidbits From FTC’s Antitrust Win Against 1-800 Contacts’ Keyword Ad Restrictions * FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. 1-800 Contacts * FTC Sues…