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,…
This is my second Strike 3 blog post this week. I imagine this won’t be the last. In this case, a Doe defendant sought to quash the unmasking subpoena submitted to his/her IAP. The defendant argued that the unmasking subpoena was…
The Ninth Circuit’s Doe 14 v. Internet Brands and Beckman v. Match.com rulings held that Section 230 immunity did not apply to failure-to-warn claims. Those rulings revived both cases and provided some encouragement to plaintiffs more generally. However, this hope…
Starting in 2002 and continuing for about a decade, 1-800 Contacts systematically locked up many of its online contact lenses retail competitors into settlement agreements that prohibited the parties from bidding on each other’s trademarks at the search engines. Perhaps…
This is one of the many lawsuits against YouTube for removing videos and relocating them to a new URL, which resets the view count and breaks inbound links. This case, involving the “musician” Darnaa, generated a little buzz a couple…
[Oops, this post got stuck in my draft folder. Better late than never.] Whew, this case will never end. I’ve blogged it a few times over the years, including a ruling not that long ago. It’s showing up again on…