The parties compete for the provision of health services related to traveling, like immunizations. The defendant Avance bought keyword ads triggered on the plaintiff’s trademark “Passport Health.” In 2013, the trademark owner complained, and Avance apparently dropped the Google ad…
This is a copyright infringement lawsuit. Hirsch, a professional photographer, took a photo of Santino Boderick, who was an associate of a well-known hiphop artist, Bobby Shmurda. Hirsch licensed the photograph to the New York Post, where it appeared in…
While we wait for the next big Section 230 ruling (so many cases are on appeal!), today I’m recapping two recent pro se cases. Scott v. Carlson. The complaint alleges that: Carlson created online content to attack Scott; Moon published Carlson-submitted…
I’ve bashed the initial interest confusion doctrine for decades. It’s one of the worst doctrinal “innovations” in trademark law–ever. However, you might have noticed that I haven’t blogged many initial interest confusion cases recently. Why? Because the phrase rarely shows…
This ruling doesn’t break a lot of new doctrinal ground. Another 512(f) case fails–nothing new. I’m blogging mostly for completeness and as a follow up to my May post remarking that a 512(f) case survived a motion to dismiss. At…
by guest blogger Stacey Lantagne Memes implicate many legal issues, one of the major ones being copyright infringement and fair use. The copyright dispute here revolves around a photograph of Willie Nelson taken by the plaintiff, Philpot, and posted to…
I blogged about Big Fish, who had a trip to the Ninth Circuit and was denied a bid to arbitrate claims against it based on its waiver of the right to arbitrate. As a follow up, I also blogged about…
This is another 1-800 LAW FIRM lawsuit against social media providers for allegedly materially supporting terrorists. Like the others, it fails. In light of the Ninth Circuit’s Fields opinion, dismissing a similar suit on proximate cause grounds, this opinion doesn’t…
by guest blogger Marketa Trimble On December 3, 2018, the European Union’s Anti-Geoblocking Regulation enters into force. Its effects should be confined to the European Union’s internal market, yet the Regulation will also affect U.S. businesses serving customers in the European…
For the past couple of years, I have invested significantly in all things emojis. This post rounds up everything I’ve done during that period. 1) Emojis and the Law Article I’m pleased to announce the final version of my paper,…