FOSTA Doesn’t Help Pro Se Litigant’s Defamation Claim Against Facebook
…Section 230 case. The court applies the standard three-part test for a Section 230(c)(1) defense: 1) Facebook is an ICS provider (cites to Sikhs for Justice and Fraley). Mark Zuckerberg…
Section 230 Helps Malware Vendor Avoid Liability for Blocking Decision–PC Drivers v. Malwarebytes
…subjective opinion than a factual assertion. Trademark Infringement PC Drivers claimed that referencing its software caused consumers to think that Malwarebytes endorsed or sponsored its products. The court correctly calls…
The Necessity of Geoblocking in the Age of (Almost) Unavoidable Geolocation (Guest Blog Post)
…“Scrutinizer.” The plaintiff has a federal trademark registration for the mark in the United States. The German defendant, while having no U.S. trademark registration, used the mark on the Internet…
Departing Employee Required to Transfer Social Media Accounts–Hyperheal Hyperbarics v. Shapiro
…over unspecified social media accounts relating to Hyperheal. As part of the agreement, Shapiro also relinquished all rights in Hyperheal’s intellectual property. After his 2016 termination, Shapiro filed a trademark…
Section 230’s Success in Under-the-Radar Cases
…domain name. [Eric’s note: this is almost certainly a trademark concern, not a copyright one] DeLima alleges that, when she ceased to use the longer domain name, Google and Blogspot.com…
The Florida Bar and Competitive Keyword Advertising: A Tragicomedy (in 3 Parts)
…& Silverman * More Evidence That Competitive Keyword Advertising Benefits Trademark Owners * Suing Over Keyword Advertising Is A Bad Business Decision For Trademark Owners * Florida Proposes to Ban…
GoDaddy & Instagram Avoid Liability for Users’ Photos of Knockoff Goods–Franklin v. X Gear 101
The plaintiff owns copyright and trademark registrations in a bear logo. He claims a defendant created a similar-looking bear logo and marketed goods using that logo: I’ll focus on…
Unlinked Webpage Doesn’t Support Trademark Infringement–Nelson-Ricks v. Lakeview
…need to ask trademark owners the same question. Our country turning into a dumpster fire? Big problem. A trademark reference on a page that no one can find? Little problem….
Q2 2018 Quick Links, Part 5 (Potpourri)
…It is undisputed that Natimark’s database was materially smaller than Experian’s. While Experian’s database at the relevant time included approximately 250 million pairings, Natimark’s database contained name and address pairings…
Constitutional Challenge Against FOSTA Filed–Woodhull v. US (Guest Blog Post)
…(The Internet Archive was also an intervening plaintiff in the 2012 case Backpage v. McKenna, in which it, along with the now-defunct Backpage.com, successfully sued to enjoin the enforcement of…