Duplicitous Competitive Keyword Advertising Lawsuits–Fareportal v. LBF (& Vice-Versa)
OK, let me offer a proposition that seems so obvious to me that I feel silly saying it. If you buy your competitor’s trademarks as keywords, it’s not advisable to sue your competitors for buying your keywords. Yes? Are you…
Instagramming For Freebies? Those Photos Are Ads…To The FTC (Forbes Cross-Post)
Wouldn’t it be sweet if someone gave you a free helicopter ride, a free 3 year lease for a Mercedes-Benz car, or a free trip to Iceland? As recounted in this recent New York Times article (“Your Instagram Picture, Worth…
Shopkick Unable to Shake Text Spam Complaint — Huricks v. Shopkick
Shopkick is a rewards-based app that shoppers use on their phone while they are in-store shopping. I’m not precisely sure how it works (you get points for trying on items or walking in certain parts of the store?) but it…
Trademark Owners Just Can’t Win Keyword Advertising Cases–EarthCam v. OxBlue
I have repeatedly observed that trademark owners routinely lose their lawsuits against advertisers who buy their trademarks as advertising keywords. (This is in addition to the futility of bringing trademark lawsuits against search engines, which almost no one does any…
Lawsuit Against Google Over In-App Purchases By Minors Squeaks Past Motion to Dismiss
This is a lawsuit against Google over in-app purchases made by minor children, reminiscent of a similar lawsuit against Apple. Plaintiff on behalf of a putative class alleged that, among other things, Google allowed someone to make a purchase for…
Judge Koh Dismisses the Bulk of the Yahoo Email Scanning Class Action
Plaintiffs are non-Yahoo email users who sent messages to Yahoo users. They allege that Yahoo’s email scans violate federal and state wiretapping laws and invade their privacy. ECPA: This claim alleges that Yahoo “intercepts” the emails. ECPA is subject to…
It’s Not Possible To Steal Facebook ‘Likes’–Mattocks v. BET
In 2008, Plaintiff Stacey Mattocks developed an (initially unofficial) Facebook page focusing on “The Game,” a television series initially aired on CW and later acquired by BET. In 2010, BET contacted Mattocks and hired her as a part-time worker, paying…
Announcing the Second Edition of “Advertising & Marketing Law: Cases and Materials” by Tushnet & Goldman
Rebecca Tushnet and I are pleased to announce the release of Advertising & Marketing Law: Cases and Materials, second edition (2014). It’s available at Gumroad as a $11.50 DRM-free download (PDF version / epub mobile device version) and other outlets….
Does Yelp Have The ‘Most Trusted Reviews’? A Court Wants To Know More (Forbes Cross-Post)
Few online algorithms generate as much criticism as Yelp’s algorithm for filtering its users’ reviews, but Yelp has so far successfully avoided a serious legal challenge to its filter. Recently, a California appellate court green-lighted a lawsuit over how Yelp…
Q2 2014 Quick Links, Part 3 (Privacy, Marketing, E-Commerce & More)
Privacy * Snapchat’s basic value proposition (“Disappearing digital photos”) has been deceptive from the beginning. The FTC busted them for it. (I saw James Grimmelmann added this to his Internet Law casebook. We’ve also added it to our Advertising Law…