Another TOS Formation Fails–Carruth v. Big Little Feelings
…memes for my class emphasizing that TOS formation needs two clicks, not one. Here is one of the memes, stating Goldman’s Third Law of TOS Formation: The Confirmatory Email After…
512(f) Doesn’t Support Preliminary Injunction–BViral v. TheSoul
TheSoul runs a Facebook account that seeks to publish viral content, much of which it purports to license. BViral is a video licensing organization with a 65k video portfolio. TheSoul…
Amicus Brief Urges Seventh Circuit to Award Attorneys’ Fees in SAD Scheme Case–Louis Poulsen v. Lightzey
Prof. Betsy Rosenblatt (Case Law) and I filed an amicus brief supporting the Seventh Circuit appeal of a SAD Scheme defendant. The amicus brief was drafted by Wesley Johnson and…
Section 230 Applies to Surreptitiously Recorded Video–Does 1-9 v. Pornhub and xHamster
This case involves surreptitiously created NCP videos from a college locker room. (Note: this is not a new issue for Section 230–the Doe v. GTE 7th Circuit decision dealt with…
Court Rejects Initial Interest Confusion Claims for Competitive Keyword Ads–Regalo v. Aborder
…generic purchase pages. To the contrary, Regalo alleges, regarding these ads that, “[m]any times, it is not immediately obvious from the sponsored ad who is selling the advertised product[,]” and…
Ninth Circuit Dismisses “Session Replay” Lawsuit–Popa v. Microsoft
This case involves “session replay” technologies, described as (cleaned up): the software embeds snippets of JavaScript computer code on a website, which then deploys on each website visitor’s internet browser…
The Ninth Circuit’s Flood of TOS Formation Cases
Earlier this year, the Ninth Circuit issued companion rulings in Chabolla and Godun that scrambled Ninth Circuit TOS formation law. You can see where I think things now stand in…
Court Greenlights Politician’s Censorship of Social Media Comments–Fox v. Faison
Rep. Jeremy Faison is a Republican Tennessee state representative in what is a hugely Republican district (for example, his district includes Cocke County, which voted 83% for Trump in 2024)….
Court Rejects Schedule A Claims Against Sellers of Compatible Parts/Accessories (Cross-Post)
[Cross posted with permission from Prof. Rebecca Tushnet’s Blog.] When they tell you that Schedule A cases are against counterfeiters, keep in mind that trademark owners are willing to call…
ACPA Doesn’t Apply to Vanity URLs–Athene Annuity v. Athene Group
The magistrate judge issued a default $2M+ ACPA damages award covering 160 allegedly violative “domain names.” On review, the supervising judge partially reverses, despite no objections from the defendants. In…