Laura Loomer Loses Litigation (Again)–Loomer v. Zuckerberg
Loomer produces trash content, which got her banned at Facebook and Twitter. In response, she has brought several trash lawsuits, which have gone as well as you’d expect. Her latest…
Photo Licensing Service Qualifies for DMCA 512(c) Safe Harbor–McGucken v. ShutterStock
McGucken is a professional photographer who has appeared on the blog before. He claims that third party “contributors” uploaded his copyrighted photos to ShutterStock as part of ShutterStock’s licensing program….
In a SAD Scheme Case, Court Rejects Injunction Over “Emoji” Trademark
This is a SAD Scheme case from one of my least-favorite rightsowners, Emojico. (I wrote an expert declaration about them in 2021). Emojico has trademark registrations in the word “emoji”…
SHOP SAFE Act Reintroduced, Because Some Congressmembers Really Want to Kill Online Marketplaces
Two years ago, I covered the introduction of the SHOP SAFE Act, which would create a new species of trademark liability for online marketplaces. My 5,000 word post deconstructed the…
I Filed an Amicus Brief Against New York’s Editorial Transparency Law
Earlier this week, TechFreedom (led by Corbin Barthold and Andy Jung) and I filed an amicus brief with the Second Circuit against N.Y. General Business Law Section 394-ccc, the 2022…
Q&A About Emoji Law
I did another interview on emoji law that I thought was worth sharing here. * * * 1. Please tell me about your childhood and young adulthood. Did you play…
Two Separate Courts Reiterate That Online Age Authentication Mandates Are Unconstitutional
[I will blog the NetChoice v. Bonta ruling very soon.] Many state legislatures draft Internet regulations without any genuine concern for whether or not the laws violate the First Amendment….
When Do Inbound Call Logs Show Consumer Confusion?–Adler v McNeil
This case involves Jim Adler, a/k/a the “Texas Hammer,” a Texas lawyer who has spent $100M+ on advertising to build his brand. The defendants run a call-center service that attracts…
Sixth Circuit Dismisses Online Jawboning Case–Changizi v. DHHS
[Note: this post does NOT cover the Fifth Circuit’s ruling in Missouri v. Biden, which also addressed government jawboning regarding COVID misinformation. Missouri v. Biden, 2023 WL 5821788 (5th Cir….
Schedule A (SAD Scheme) Plaintiff Sanctioned for “Fraud on the Court”–Xped v. Respect the Look
This is one of the thousands of “Schedule A” cases, a phenomenon I’ve labeled the “SAD Scheme.” (Technically, the defendants in this case are enumerated on “Exhibit 1” instead of…