Plaintiff sued on behalf of a putative class, alleging that he received marketing messages from Five Stars Loyalty that violated his rights under the TCPA. Plaintiff had lunch at a Flame Broiler restaurant and asked the cashier about the Five…
I’ve previously described the Defend Trade Secrets Act as “the most important intellectual property development you aren’t paying attention to.” The bill would create a new federal trade secret law that would dramatically change trade secret practice throughout the country….
For many users, Facebook feels like a utility. Facebook users use Facebook to create new things and expect it to work reliably; users don’t expect Facebook will terminate them capriciously. Thus, when Facebook blocks users’ content, it can be shocking…
The Consumer Review Freedom Act (S. 2044) would prevent businesses from contractually restricting their customers from writing online reviews (I call those “anti-review clauses,” but they are also called “gag clauses” and “non-disparagement clauses”). It seems ridiculous that we need…
Another court has ruled that linking to defamatory content isn’t a defamatory republication of the content. I just blogged on a similar result in Life Designs Ranch, Inc. v. Sommer. The only twist here is that the person posted the…
I have frequently called the Defend Trade Secrets Act, a bill to create a new federal civil trade secret cause of action, the most important IP development that you’re not paying attention to. I hope that will change. Today, 41…
Last week, I spoke at the 40th Annual IP Institute organized by the California State Bar’s IP Section. I presented an Internet Law year-in-review, but that topic basically means I talk about whatever I feel like talking about. Unfortunately, the…
The plaintiffs run Life Designs Ranch, a substance abuse aftercare program that the defendant’s son participated in. Unhappy about billing issues, the defendant Sommers threatened Life Designs that “I am willing to get legal with this. Are you? I would…
[Note: last Wednesday, I testified on the Consumer Review Freedom Act before the Senate Commerce Committee. My testimony. My complete written submission.] For many Americans, the First Amendment is the alpha and omega of free speech protection. However, the First…
This is another VPPA case grappling with the question of how the statute defines “personally identifiable information.” A recent key VPPA ruling addressed the issue of whether someone who downloads an app is a “subscriber” (answer: no), but the PII…