Now Available: the Published Version of My SAD Scheme Article
I’m pleased to share the final published version of my article, “A SAD Scheme of Abusive Intellectual Property Litigation.” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces…
Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)
By guest blogger Lisa Ramsey, Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark…
Facebook’s LLaMa Defeats Copyright Claims–Kadrey v. Meta
This is another preliminary ruling in the copyright battle over generative AI. The stakes of this battle couldn’t be higher. Copyright law has the capacity to nix the entire generative AI category. Fortunately, Judge Chhabria easily rejects the copyright owners’…
Another Jawboning Case Fails in the 9th Circuit (But a TAFS Judge Doesn’t Like the Biden Administration)–Rogalinksi v. Meta
[I’m far behind in my blogging queue, especially with respect to the social media addiction rulings.] I previously summarized this case: Rogalinski made several posts about COVID. Facebook added “missing context” labels to two of them and removed another one….
Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta
This case involves the hanging “car freshener” (which usually smells worse than any odors it tries to mask) in the shape of a tree. The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines,…
YouTuber Loses Lawsuit Demanding $22/View–Ray v. Google
(As will be obvious in a moment, this is a pro se lawsuit). Ray created a YouTube account and aspired to become a YouTube Partner. He posted 50 videos that generated over 317k views. Incredibly, Ray thought Google promised to…
Apple’s App Store Can Reject Unwanted Apps–Coronavirus Reporter v. Apple
Apple rejected two of the plaintiffs’ apps, “Coronavirus Reporter” and “Bitcoin Lottery,” for its app store. Apple rejected the Coronavirus Reporter app because it wasn’t associated with a government entity or medical institution; and it rejected the Bitcoin Lottery app…
Ninth Circuit Revives Choreography Copyright Claims Over Fortnite Emotes–Hanagami v. Epic
Hanagami is a celebrity choreographer. He has over 4.5M YouTube followers and nearly 1B video views. He posted a video entitled “CHARLIE PUTH – How Long | Kyle Hanagami Choreography” that contained 480 “counts” of choreography, composed of 96 counts…
Some New Section 230 Memes
I gave a brand-new talk about Section 230 at the California Lawyers Association IP Institute. (It was recorded, but I believe it will be behind the CLA paywall). You can see my completely new slide deck here. It contains some…
Section 230 Applies to Nextdoor Consumer Reviews–Duffer v. Nextdoor
The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. A series of other negative reviews followed. An associate of the plaintiff alerted Nextdoor about the reviews…