Forming an Online Contract May Be Harder Than Tough Mudder’s Salmon Ladder
This case reaches a relatively non-controversial outcome. It rejects an arbitration clause in an online TOS. Still, how the court reaches that conclusion should set off warning bells for everyone trying to impose arbitration in an online TOS. The bar…
Copyright Lawsuits Over Product Shots Are Stupid–eTrailer v. Automatic Equipment
The plaintiff is a retailer of “motor vehicle accessories.” The defendant manufactures towing supplies and has previously distributed its goods to the plaintiff. The plaintiff created product shots and obtained copyright registrations for some of them. On the right is…
Section 230 Applies to ADA Closed Captioning Claims–National Federation of the Deaf v. Harvard
Harvard publishes a lot of video online, both on servers it operates and through third-party services like YouTube. Only some of that video has “timely, accurate closed captioning.” The National Federation of the Deaf sued Harvard for ADA violations and…
Online Marketplace Defeats Trademark Suit Because It’s Not the “Seller”–OSU v. Redbubble
Redbubble is an online marketplace for artists. It outsources many of its functions. Its artist-vendors “are automatically connected with a third-party manufacturer to make the goods.” Redbubble also uses third-party services to package/ship goods and process payments. It appears much…
Rounding Up Three Recent Keyword Advertising Cases–Comphy v. Amazon & More
Three interesting recent keyword advertising cases: Comphy Co. v. Amazon.com, Inc., 2019 WL 1128519 (W.D. Wash. March 12, 2019) Comphy makes high-end linens. It chooses not to sell directly on Amazon. Nevertheless, Amazon has purchased search engine keyword ads triggered…
Ruling in Emoji Beach Ball IP Case Left Me Confused 😕–Kangaroo v. Amazon
This case involves the alleged counterfeiting of emoji beach balls on Amazon. It doesn’t get into emoji-specific IP issues and devolves into a garbled tangle over Amazon marketplace product catalog issues. Still, EMOJI LAW ALERT!!! 😲 The plaintiff makes emoji…
Another Failed Legal Challenge to Zillow’s Zestimate–EJ MGT v. Zillow
The plaintiff is a real estate investor. It bought and fixed up a property in New Jersey. Afterwards, the plaintiff listed the property for $7,788,000. On the property’s Zillow page, right below the listing price, Zillow displayed its zestimate of $3,703,597….
Top Internet Law Developments of 2018
My schedule tends to get busy around each new year, so my year-end recaps keep coming later and later. I hope it’s better late than never. It’s been a rough year for Internet law. As I tweeted in June: When…
Recap of the California Assembly Hearing on the California Consumer Privacy Act
Yesterday, the California Assembly Committee on Privacy and Consumer Protection held a hearing on the California Consumer Privacy Act. I believe this is the first legislative hearing ever on the law. The initial passage took place in a frenetic week,…
A Status Report on the California Consumer Privacy Act
Yesterday, I did a webinar for the California Lawyers Association on the status of the California Consumer Privacy Act (CCPA). This post recaps the discussion. A Quick Overview of the CCPA The CCPA imposes 6 new obligations on covered businesses:…