1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)
Advertising/E-Commerce * Ariix, LLC v. NutriSearch Corp., 2021 WL 221878 (9th Cir Jan. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. While such social media posts may not have the…
Facebook Defeats Lawsuit By Publishers of Vaccine (Mis?)information–Children’s Health Defense v. Facebook
RFK Sr. was beloved and well-regarded. He had the Kennedy magic and benefited from the Camelot fairy tale. His son, on the other hand…well…. Robert F. Kennedy Jr. founded and runs the Children’s Health Defense (CHD). CHD is an “advocate…
Court Rejects Lawsuit Alleging YouTube Engaged in Racially Biased Content Moderation–Newman v. Google
Plaintiffs are African-American, Mexican, or Puerto Rican operators of YouTube channels, some of which were monetized. The plaintiffs claim the YouTube’s moderation practices targeted them based on their race, including putting their videos into Restricted Mode, demonetizing videos, and various…
Plaintiffs Fire Back Against Florida’s Censorship Law–NetChoice v. Moody
Some highlights and comments on the plaintiffs’ reply brief (see my post yesterday about the state’s attempted defense of the law). The intro: The State defends a law very different from the one Florida actually enacted. The Act does not…
Ohio Bans Competitive Keyword Advertising by Lawyers
No one: Absolutely no one: Ohio Board of Professional Conduct (in the third decade of the 21st century….): * * * I guess we’re doing this again. It’s 2021, long past the time consumers have come to understand competitive keyword…
Domain Name Registrar Isn’t Liable for Hijacked Domain Name–Rigsby v. GoDaddy
Rigsby registered the scottrigsbyfoundation.org domain name via GoDaddy. He claims GoDaddy didn’t give him proper notice of renewal, so the domain name lapsed. It was then registered by an interloper who displays gambling-related material. Rigsby asked GoDaddy to give him…
Want to Engage in Anti-Competitive Trademark Bullying? Second Circuit Says: Great, Have a Nice Day!–1-800 Contacts v. FTC
Starting in the mid-2000s, 1-800 Contacts sought to control how its competitors bought search engine advertising triggered by its (so-called) trademarks, a process I call competitive keyword advertising. To do this, 1-800 Contacts typically sued its competitors and then quickly…
Print Ad’s “Terms and Conditions” Don’t Create Binding Arbitration Clause–Soliman v. Subway
Subway ran a promotion offering deals if customers signed up for text messages. The stores displayed the following print ad: The language in the bottom right: Limited Time Only. Message and data rates may apply. Max10msgs/mo-Msgs may be autodialed from…
Facebook’s “Russia State-Controlled Media” Disclosure Doesn’t Violate the Lanham Act–Maffick v. Facebook
Maffick runs several Facebook pages. Due to Maffick’s possible ties to the Russian government, Facebook labeled the pages “Russia state-controlled media.” Maffick sued Facebook. In Sept. 2020, the court denied Maffick’s TRO request. Now, the court has dismissed the Lanham…
YouTube (Again) Defeats Lawsuit Over Content Removal–Lewis v. Google
Lewis ran a YouTube channel, “Misandry Today.” (Misandry = hatred of men). He claims YouTube removed or demonetized some of his videos. The district court rejected his lawsuit. In a short unpublished memo opinion that basically echoes the district court’s…