The plaintiff is a wrestler, primarily known as Booker T. When he wrestles for WWE, he used the stage name G.I. Bro. There’s also a comic book line based on the G.I. Bro character. The defendant makes the Call of…
In May, Trump issued an executive order designed to destroy Section 230 (EO 13925). Rather than actually work with Congress, Trump tried to amend 47 USC 230 only within the executive branch, which is largely a dead-end. I’m hoping Pres….
Yes, this is another defense-favorable fair use ruling produced by a Richard Liebowitz lawsuit. 🙏🙏🙏 The case relates to a construction site for a proposed new school, which may have sinkholes. This concern sparked substantial community debate. The plaintiff flew…
by guest blogger Prof. Alexandra J. Roberts This decision has everything—from sex toys with proprietary air pulse technology to Instagram influencers and Amazon astroturfing to illicit meetings inside the sauna of a well-known Las Vegas hotel. Most exciting for this…
A Rare Case of a Judge Relying on the Initial Interest Confusion Doctrine (Boo)–Nike v. Warren Lotas
This case involves Warren Lotas sneakers that claimed to reinterpret one of Nike’s allegedly iconic sneaker stylings. The Fashion Law summarized the case, including this depiction: The sneaker similarities are obvious, which isn’t surprising because Warren Lotas styled its product…
This is one of several pending cases against Craigslist for its alleged role in facilitating sex trafficking before 2010. In this case, the district court held that Section 230(c)(1) immunized the plaintiff’s state law claims. The plaintiff sought reconsideration due…
[This op-ed ran in the San Francisco Chronicle on December 8, 2020. I co-authored it with my colleague Irina Raicu from SCU’s Markkula Center for Applied Ethics. Irina and I don’t agree on very much, so it’s always a mitzvah…
This is a complex consumer protection lawsuit with dozens of defendants. This early-stage opinion is 62 pages. The case involves allegedly bogus “free trial” programs for cosmetics. The plaintiff alleges that she was duped into signing up for a free…
This is another ruling involving Trump’s efforts to kick TikTok and WeChat out of the United States. This court, interpreting the authorizing statute, previously partially enjoined the Secretary of Commerce’s implementation of the anti-TikTok executive order. Again relying exclusively on…
This is another Instagram embed case. For my most recent post on that topic, see this post. Plaintiff Boesen is a professional photographer. He captured an image of professional tennis player Caroline Wozniacki near the beginning of her career. Ms….