Q2 2018 Quick Links, Part 5 (Potpourri)

My email inbox has gotten out of control, and I had to declare partial email bankruptcy. In this post, I’m largely quoting highlights from 18 cases I had flagged for…

First Circuit Rejects Copyright Workaround to Section 230–Small Justice v. Ripoff Report

…“specifically encourage” DuPont’s content (cites to Kimzey v. Yelp, Ascentive v. Opinion Corp. and Ayyadurai v. Techdirt). Curiously, while the First Circuit discusses its powerful UCS v. Lycos opinion from…

Backpage Executives Defeat Pimping Charges Per Section 230–People v. Ferrer

…to Barrett and Jones v. Dirty World), and there is no “encouragement” exception to Section 230 (cite to Jones, Ascentive v. Opinion, Roommates.com and Black v. Google). Publicity Rights To…

Second Circuit Muddies The Trademark Nominative Use Doctrine–ISC2 v. Security University

…Trademark Workaround to 47 USC 230 Immunity Fails Badly—Ascentive v. PissedConsumer * Newspaper’s Discussion About Trademark Owner Protected as Nominative Use–1 800 GET THIN v. Hiltzik * Funky Ninth Circuit…

No Fee Shift In Bogus Lawsuit Against Review Website–Roca v. PissedConsumer

…I didn’t include all of the court’s citations, but the court’s opinion follows naturally from the precedent (especially the Ascentive v. Opinion Corp. ruling from 2011, cited by the court…

Competitive Keyword Advertising Permitted As Nominative Use–ElitePay Global v. CardPaymentOptions

…when it’s a critical review, which increases our suspicion that the trademark owner is really seeking to suppress negative commentary, not redress a trademark injury. See the uncited Ascentive v….

Xcentric Ventures Chips Away at Small Justice’s Copyright Workaround to Section 230

…and I don’t recall a court addressing the precise formulation Goren raises here. (Cf. Asia Econ. Inst. v. Xcentric Ventures and Ascentive v. PissedConsumer.) In the end, chalk this up…

Warranty Disclaimer in PC TuneUp’s EULA Fails — Rottner v. AVG

…blogged on others in this niche before (e.g., Ascentive), and I have yet to develop enough confidence in any provider that I would trust them with my computer. [image credit:…

Google Defeats Trademark Challenge to Its AdWords Service–Jurin v. Google (Forbes Cross-Post)

…give up–just like many other trademark owners (including American Blinds, Ascentive, Ezzo, Rescuecom, Parts Geek, Soaring Helmet and others) have voluntarily done after tangling with Google. The most dangerous pending…

PissedConsumer Defeats Trademark Claim…On a Motion to Dismiss!?–deVere v. Opinion Corp.

…site for consumer complaints. PissedConsumer has superseded Ripoff Report as the leading gripe site defendant, as I’ve blogged three other PissedConsumer cases in the past 7 months (Ascentive, Vo and…