A Review of the NYT v. Microsoft AI-Copyright Ruling (Guest Blog Post)
…Daily News plaintiffs brought a federal trademark dilution claim against OpenAI. According to the Court: The trademark dilution plaintiffs allege they are owners of several trademarks (the “Diluted Trademarks”), which…
Because the SAD Scheme Disregards Due Process, Errors Inevitably Ensue–Modlily v. Funlingo
…if the inclusion of the Modlily trademark in the URL had trademark significance (which it doesn’t), Modlily hasn’t shown that Funlingo, as opposed to Amazon, made the requisite trademark use…
ChatGPT Defeats Defamation Lawsuit Over Hallucination–Walters v. OpenAI
Mark Walters “is a nationally prominent radio show host who hosts two nationally syndicated radio programs and identifies himself as ”the loudest voice in America fighting for gun rights.”” Riehl…
Court Permanently Enjoins Ohio’s Segregate-and-Suppress/Parental Consent Law–NetChoice v. Yost
…Online Prostitution Ads (Forbes Cross-Post & More) Backpage Gets TRO Against Washington Law Attempting to Bypass Section 230–Backpage v. McKenna MySpace Wins Another 47 USC 230 Case Over Sexual Assaults…
Arkansas’ Social Media Safety Act Permanently Enjoined—NetChoice v. Griffin
…court notes multiple problems with age authentication requirements, and also notes how the state could do more to promote the many existing parental-control tools available in the market. Vagueness. The…
Why I Emphatically Oppose Online Age Verification Mandates
…Law Trying to Combat Online Prostitution Ads (Forbes Cross-Post & More) Backpage Gets TRO Against Washington Law Attempting to Bypass Section 230–Backpage v. McKenna MySpace Wins Another 47 USC 230…
Blogiversary: Guest Bloggers of the Technology & Marketing Law Blog (Part 8 of 10)
…First Amendment Limits Trademark Rights, But How? – Jack Daniel’s v. Bad Spaniels, Technology & Marketing Law Blog (April 3, 2023); Guest Blog Post, Trademark Registration of Political Messages for…
2024 Internet Law Year-in-Review
…limits would be impermissible censorship. Meanwhile, Twitter’s marketplace decline has demonstrated (once again) that market mechanisms–including users and advertisers voting with their “feet”–still carry a potent sting online. Seeing X/Twitter’s…
Thumbs-Up Emoji Formed Binding Sales Contract in Canada–Achter v. South West Terminal
…as the maker of the mark and communicate his agreement to the contract. His text message therefore signed the contract as surely as if he had printed the photograph that…
Amazon Must Defend “Yelp Law” Claim–Ramos v. Amazon
…or a colloquial sense? If it’s in the trademark sense, then it doesn’t restrict consumers’ reviews at all because such reviews don’t “use” the trademark (i.e., the not-as-a-mark doctrine). The…