University Rejection of Students’ Marijuana-Themed T-Shirt Violates First Amendment–Gerlich v. Leath
…legislature and governor’s office. ISU argued that it was engaged in government speech, but the court says that exception doesn’t apply to limited public fora. Furthermore, ISU allowed 800 student…
Copyright Office Q&A Session About The New Online DMCA Designated Agents Directory
…part of the designation process: the primary and secondary contacts for the account associated with the service provider, as well as to the service provider directly and the service provider’s…
Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v. Amazon
…Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. BagSpot * AdWords Buys Using Geographic Terms Support Personal Jurisdiction–Rilley v. MoneyMutual * FTC Sues 1-800 Contacts For Restricting Competitive Keyword…
The DTSA’s Ex Parte Seizure Order: The “Ex” Stands for “Extraordinary” (Guest Blog Post)
…internationally. Plaintiff avers that it has made a significant investment of time, money, and experience to source its key investors and other contacts; that these confidential Contact Lists materially contribute…
Top 10 Internet Law Developments of 2016
…question. * Anarchy Rules Online Contract Formation Law. I will metaphorically shank anyone who uses the term “browsewrap” non-sarcastically in my presence. * FTC Sues 1-800 Contacts Over Competitive Restrictions…
A Seismic Ruling Revisited: No Common-Law Public Performance Rights in Pre-1972 Sound Recordings in New York–Flo & Eddie v. Sirius
…v. Mercury Records Corp., 221 F.2d 657 (2d Cir. 1955), which held “selling a record to the public does not divest the copyright holder of its exclusive interest in the…
2H 2016 Quick Links, Part 9 (Privacy/Security)
…users’ contacts. * Lior Jacob Strahilevitz & Matthew B. Kugler, Is Privacy Policy Language Irrelevant to Consumers?, 45 Journal of Legal Studies __ (forthcoming 2017). The abstract: Consumers almost never…
Freelance Blogger Denied Unemployment Insurance–In re Mitchell
This case involves author Greg Mitchell. The Nation retained Mitchell as a freelance blogger in 2010. He was expected to blog on a daily/near-daily basis in exchange for $46,800/year paid…
2H 2016 Quick Links, Part 3 (Trademarks and Domain Names)
…keyword advertising is a prisoner’s dilemma. The article’s suggestion to negotiate a cease-fire with competitors is a high-risk strategy. See FTC v. 1-800 Contacts. * Cedar Valley Exteriors, Inc. v….
More Evidence Why Keyword Advertising Litigation Is Waning
…* Court Dumps Crappy Trademark & Keyword Ad Case–ONEPul v. BagSpot * AdWords Buys Using Geographic Terms Support Personal Jurisdiction–Rilley v. MoneyMutual * FTC Sues 1-800 Contacts For Restricting Competitive…