Amazon May Be Liable for Merchant’s Spycam–M.S. v. Amazon
This case involves an “embedded pinhole camera” “disguised” as a “mountable hook” that a Doe merchant offered in Amazon’s Marketplace. Allegedly, Amazon inspected the item three times: Amazon’s Product Safety…
Section 230 Applies to Doxxing TikTok Video–Couture v. Noshirvan
The court summarizes the plaintiffs’ allegations: Defendant [Danesh] Noshirvan is a TikTok creator. He makes money through TikTok gifts, tips, and subscription fees. His niche is cancel culture. Noshirvan finds…
Anti-TikTok Political Stunts Fail in Montana and Indiana Courts
Introduction It’s become a popular political sport to attack TikTok. Those attacks combine Sinophobia with anti-Big Tech sentiments, a double-whammy of political payoffs that’s addictive to politicians. Most anti-TikTok regulatory…
512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial
This case involves two “hard money lending” competitors, Source Capital and Barrett. Allegedly on behalf of Barrett, an SEO vendor sent DMCA takedown notices to Google, alleging that Source Capital…
Now Available: the Published Version of My SAD Scheme Article
I’m pleased to share the final published version of my article, “A SAD Scheme of Abusive Intellectual Property Litigation.” The article explains how IP rightsowners are twisting the rule of…
Evaluating the Constitutionality of Viewpoint-Neutral Trademark Registration Laws That Do Not Restrict Speech—Vidal v. Elster (Guest Blog Post)
…to Trademark Law After Matal v. Tam” (2018), and my guest post on Eric Goldman’s Technology and Marketing Law Blog written after the Federal Circuit’s decision in In re Elster.)…
Facebook’s LLaMa Defeats Copyright Claims–Kadrey v. Meta
This is another preliminary ruling in the copyright battle over generative AI. The stakes of this battle couldn’t be higher. Copyright law has the capacity to nix the entire generative…
Another Jawboning Case Fails in the 9th Circuit (But a TAFS Judge Doesn’t Like the Biden Administration)–Rogalinksi v. Meta
[I’m far behind in my blogging queue, especially with respect to the social media addiction rulings.] I previously summarized this case: Rogalinski made several posts about COVID. Facebook added “missing…
Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta
This case involves the hanging “car freshener” (which usually smells worse than any odors it tries to mask) in the shape of a tree. The rightsowner has trademark registrations for…
YouTuber Loses Lawsuit Demanding $22/View–Ray v. Google
(As will be obvious in a moment, this is a pro se lawsuit). Ray created a YouTube account and aspired to become a YouTube Partner. He posted 50 videos that…