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…
Does Anyone Still Care About NFTs? (Yuga Labs, LLC v. Ripps) — Guest Blog Post
By Guest Blogger Tyler Ochoa Four years ago, NFTs were the hottest collectibles on the market and were being touted as the NBT (Next Big Thing). People were paying tens of thousands, or in some cases millions, of dollars (or…
Judge Ranjan Cracks Down on SAD Scheme Cases
Judge Nicholas Ranjan of the Western District of Pennsylvania has issued a standing order titled “‘SCHEDULE A’ CASE STANDING ORDER.” I couldn’t find the order on Judge Ranjan’s website or via standard Google searches. Instead, it appeared on the docket…
Catching Up on the Bogus “Yelp Law” Litigation Campaign–Tao v. Uniqlo
[Personal note: the Free Speech Coalition v. Paxton ruling took a lot of wind out of my blogging sails. First, the opinion is pure Calvinball. It makes me question everything I know about Internet “Law” when courts shamelessly disregard precedent…
Analyzing the Lululemon v. Costco Dupe Suit (Guest Blog Post)
Guest blog post by Profs. Sarah Fackrell & Alexandra J. Roberts Dupe culture is everywhere. Consumers seek out dupes online, in stores, and on social media, hoping to score less expensive versions of the luxury items they lust after; stores…
Reddit Defeats Lawsuit Over WallStreetBets Subreddit–Rogozinski v. Reddit
This is one of those oh-so-stupid hard-eyerolling lawsuits that I blog for coverage purposes, but I blog it joylessly and with annoyance at the wasted time. I previously summarized this case: Jaime Rogozinski, a/k/a “jartek,” created the r/WallStreetBets subreddit, which…
A Review of the NYT v. Microsoft AI-Copyright Ruling (Guest Blog Post)
by guest blogger Kieran McCarthy New York Times Co. v. Microsoft Corp., 2025 WL 1009179 (S.D.N.Y. April 4, 2025), might be the most important case pending on the legality of scraping public data to create training data sets to build…
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…
Because the SAD Scheme Disregards Due Process, Errors Inevitably Ensue–Modlily v. Funlingo
This started out like every other SAD Scheme case. The plaintiff, a fast-fashion vendor operating under the brand Modlily, filed a complaint under seal against 20 defendants, got an ex parte TRO and asset freeze, and rolled to an unopposed…
Amazon Merchant Takedown Notice Attack Spills Over to Court–GM Photo v. Focus Camera
[Note: lawsuits over takedown notice attacks occur occasionally. I’m blogging this case as an exemplar, not because it’s unique.] This case involves two Amazon marketplace merchants, GM Photo (operating as Digital Village) and Focus Camera. At issue are “high-end Sigma…