The parties compete in the “chocolate and fruit-based gift packages” market. Provide bought competitive keywords that used the plaintiff’s trademark, including the keywords “edible arrangements,” “edible arrangements locations,” “edible arrangements coupons,” “edible arrangements promotional code,” “edible arrangements bouquet,” “edible arrangements…
This is an antitrust case against Travis Kalanick, the founder of Uber, alleging that Mr. Kalanick “orchestrated and participated in an antitrust conspiracy.” Uber moved successfully to intervene, and then moved to force arbitration (Mr. Kalanick joined in this motion)….
The Texas State Bar’s Professional Ethics Committee has issued Ethics Opinion #661 approving lawyers’ use of competitive keyword advertising. The opinion concludes: A lawyer does not violate the Texas Disciplinary Rules of Professional Conduct by simply using the name of…
This is another case of an employee terminated for Facebook posts. Leah Palmer worked as a spokesperson for Anthony Palumbo, the Anoka County Attorney. Among her responsibilities were to serve as liaison between Palumbo and Sheriff Stuart (and other law…
by guest blogger Marketa Trimble With the July 14, 2016, decision in Microsoft v. United States (“Microsoft”) by the U.S. Court of Appeals for the Second Circuit, the question arises – as it usually does in cases involving technology in general…
The Supreme Court provided important guidance about Article III standing, especially what constitutes an injury sufficient to satisfy Article III, in the Spokeo v. Robins ruling from May 2016. At the time, it was unclear whether the ruling was more…
This lawsuit involves the purchase of items I don’t understand. Let’s just call them “thingies.” The buyer Zajac needed thingies with an appropriate rating. It bought the thingies from a distributor, Walker, then realized the thingies didn’t have the appropriate…
This is a lawsuit alleging that Priceline improperly failed to disclose “resort fees” in connection with its Name Your Own Price service. The service allowed consumers to name a price (bid a dollar amount) for a hotel in a given…
FireClean sells an eponymous cleaning oil, FIREClean, “advertised to reduce carbon residue buildup in firearms.” Andrew Tuohy blogs about firearms at the Vuurwapen blog (Dutch for “firearms”). Allegations swirled that FIREClean was just Crisco. Tuohy worked with a University of…
The plaintiff’s vanity Google search results included the following snippet: “indecency with a child in Trial Court Cause N . . . Colin O’Kroley v Pringle.” The linked result (to Google Book’s indexing of Texas Advance Sheet–see image) contained a…