This case is filled with sketchiness. First, the litigants compete in the “native advertising industry,” which doesn’t have a great reputation (and this lawsuit isn’t likely to improve it). Second, the ads in question promote wrinkle creams, diet pills and…
Another terms of use case,* this one involving the sale of a credit package from TransUnion. TransUnion’s terms of use contained an arbitration clause and class action waiver. The district court ruled that the parties did not form a binding…
This is an insurance coverage dispute arising out of a defamation lawsuit. Sindi sued El-Moslimany in Massachusetts alleging that El-Moslimany engaged in a campaign to “embarrass, humiliate, and destroy” Sindi through perpetuating falsehoods. Sindi describes herself as a scientist, entrepreneur,…
Oh yay, an entire quick links post dedicated to online jurisdiction! * Kindig It Design, Inc. v. Creative Controls, Inc., 2016 WL 247574 (D. Utah. Jan. 20, 2016) Furthermore, maintaining an interactive website is no longer the sole purview of…
* Academy of Motion Picture Arts and Sciences v. GoDaddy.com, Inc., 2015 WL 5311085 (C.D. Cal. Sept. 10, 2015). A major win for GoDaddy—and domain name parking programs generally—against a long-running cybersquatting suit by the Motion Picture Academy. This ruling…
[Note: as I’ve mentioned before, sometimes Westlaw randomly spits out cases months after they were issued. This opinion is 4 months old but just appeared in my Westlaw alerts this week. Despite its age, I’m blogging it because of its…
Plaintiff sued Facebook alleging TCPA claims on behalf of a putative class. Facebook sends text messages when someone logs in to their account via a new or unrecognized device. Plaintiff was a non-Facebook user who received these messages. Unfortunately, despite…
Amazon Defeats Publicity Rights Lawsuit Over ‘A Gronking To Remember’ Book Cover (Forbes Cross-Post)
Greg McKenna writes as a woman using the pen name Lacey Noonan. In 2014, McKenna wrote the book “A Gronking to Remember,” an erotic “fan fiction” book about New England Patriots tight end Rob Gronkowski. He self-published the book digitally…
Plaintiff ordered “completed assembled” flowers from ProFlowers.com. Rather than being fully assembled flowers, he received a “do-it yourself kit in a box”. He brought a putative class action for unfair competition and CLRA violations. ProFlowers moved to arbitrate based on…
Regulators and plaintiffs have been trying to eradicate online prostitution ads for a decade. These efforts have been partially hampered by 47 U.S.C. 230 (Section 230), a law Congress enacted in 1996 to protect websites from liability for third party…