Hashtags Are Not Trademarks—Eksouzian v. Albanese (Guest Blog Post)
By Guest Blogger Alexandra Roberts [Eric’s note: Prof. Roberts is a trademark expert at the University of New Hampshire School of Law. She’s writing a paper on hashtags as trademarks, a new topic of growing importance. When I saw this…
Two Tough Section 230 Rulings From Last Week–General Steel v. Chumley & Xcentric v. Smith
Last week, we saw two Section 230 losses. Initially I was troubled by this confluence, but after digesting these opinions, I’m pretty certain they both involve unusual facts that limit any real damage to Section 230’s immunity. However, as usual…
City Can’t Use Copyright To Censor Critical Videos–Inglewood v. Teixeira
Joseph Teixeira lives in Inglewood, California, and he’s not a fan of Inglewood Mayor James T. Butts, Jr. (In a sign of remarkable judicial restraint, the judge doesn’t crack a single “butt” joke or pun). Teixeira blogs his objections about…
Keyword Ad Lawsuit Isn’t Covered By California’s Anti-SLAPP Law
The plaintiff, Los Angeles Yellow Cab, and defendants compete in the taxi industry. The defendants bought keyword ads at the search engines, such as the following triggered by the search “Yellow Cab Los Angeles”: Yellow Cab Los Angeles—Call 800–521–8294 or…
Angie’s List Must Defend Fraud Charges Over Pay-to-Play Review Manipulation (Forbes Cross-Post)
U.S. law is clear that consumer review websites aren’t liable for their users’ reviews. However, plaintiffs are increasingly challenging how review websites publicly describe their review databases. A recent court ruling against Angie’s List highlights how plaintiffs are tendentiously parsing…
Delayed Search Database Updating Isn’t Defamation–Ferrell v. Yahoo and Google
This lawsuit is another unsuccessful attempt to manufacture an American “right to be forgotten.” Keyonna Ferrell sued Google and Yahoo pro se because allegedly she removed images from Pinterest but the search engines didn’t update their search results to reflect…
Trade School’s Domain Name Lawsuit Drops Like a (Granite) Rock
I don’t often blog cases where New Hampshire figures so prominently, so this is a shoutout to all of my New Hampshirian/New Hampshirite friends! The litigants are competitor schools that train tradespeople such as plumbers and gas fitters. Granite State…
Story Byline May Affect Section 230 Immunity–AdvanFort v. Maritime Executive
I previously blogged this case in May. The underlying facts involve the arrest and ultimate release of a ship’s crew that was armed to combat piracy. I’ll focus just on the Section 230 issue. A person involved in the underlying…
Federal Trade Secret Bill Re-Introduced–And It’s Still Troublesome (Guest Blog Post)
You may recall my prior coverage of Congress’ efforts to enact a new federal trade secret cause of action. The Defend Trade Secret Act has been reintroduced to Congress and it deserves your attention. If enacted, it would be among the most…
What’s Worse Than Cleaning Up A Meth Lab? A Trademark Injunction Against Using “Meth Lab Cleanup” In Metatags
Opinions like this make me really crank-y. The litigants compete in the meth lab cleanup business. The plaintiff has registered trademarks for “Meth Lab Cleanup LLC.” Right away, we already know that weaponizing highly descriptive terms like that can cause…