The Initial Interest Confusion Doctrine Refuses to Die
Continuing my recent critical coverage of the initial interest confusion doctrine, here are a few more rulings on the subject. Hoffmann Brothers Heating and Air Conditioning, Inc. v. Hoffmann Air Conditioning & Heating, LLC, 2025 WL 2587109 (8th Cir. Sept….
Colorado’s Mandatory Social Media “Warning Labels” Are Unconstitutional–NetChoice v. Weiser
[I’m so far behind in blogging the challenges to state Internet censorship laws. We’ll see if I can catch some of the ones I missed.] State censorship laws come in a variety of forms. Today’s post focuses on one of…
Court Dismisses Discrimination Claims from Facebook User Who Didn’t Get Wanted (?) Ads–Shah v. Woodbury
Shah alleges that “Woodbury and Facebook denied Shah, based on his age and gender, access to information about Woodbury’s educational services by choosing to make Woodbury’s advertisements on Facebook available only to a target demographic of female Facebook users between…
Court Fetishizes Facebook’s TOS Statement That It Takes “Appropriate” Content Moderation Actions–Calise v. Meta
This is the remand of the disastrous Ninth Circuit decision, where a TAFS judge launched a wrecking ball into the Ninth Circuit’s Section 230 jurisprudence. When the dust settled, the 9th Circuit ruling enables plaintiffs to plead around Section 230…
Court Rejects Initial Interest Confusion Claims for Competitive Keyword Ads–Regalo v. Aborder
The litigants compete in the market for baby/pet gates. The incumbent sells under the brands “Regalo” and “Carlson.” The defendant “Aborder contends that the use of trademark advertising through the purchase of Amazon sponsored ads cannot constitute trademark infringement without…
Lawsuits Over Competitive Keyword Advertising Are Still Stupid–NRRM v. American Dream Auto Protect
This case involves two competitors in the industry of auto protection plans (VSCs). The rival’s affiliates bought the plaintiff’s trademark “CarShield” for competitive keyword ads. The plaintiff alleged: Defendant’s agents do not label or indicate that their generic ads direct…
After 20 Years, I Turned Off Google AdSense for My Websites
Soon after I launched this blog in February 2005, I signed up for Google AdSense. My goal was to make a little money and learn about the industry from the inside. In particular, if I was going to cover the…
NJ Supreme Court Blesses Lawyers’ Competitive Keyword Ads (With a Baffling Caveat)
We are at the terminal stage of a 250-year old democracy, so what’s on the priority list for regulators of lawyers? In New Jersey, it’s competitive keyword advertising by lawyers. Seriously? When I wrote on this topic in 2016, I…
Addiction Lawsuit Against Character AI Can Proceed–Garcia v. Character Technologies
Online addiction lawsuits are proliferating across the country, a trend that will continue so long as plaintiffs think they can win. This decision largely rejects the defendants’ motion to dismiss, which will induce more plaintiff lawyers to bring more cases….
Section 230 and the First Amendment Curtail An Online Videogame Addiction Lawsuit–Angelilli v. Activision
The court summarizes the plaintiffs’ allegations: D.G. began playing video games when he was six years old and at some point became addicted. Plaintiffs further allege that D.G.’s gaming has resulted in serious harm, including emotional distress, lost friends, and…