How Will the Digital Services Act (DSA) Affect the European Internet?
I expect the Digital Services Act (DSA) to be one of the most consequential regulations of the Internet. Yet, I have so far avoided blogging the DSA because it’s so…
Amazon Isn’t Liable for Selling Suicide “Kits”—McCarthy v. Amazon
Speedpera, CC BY 4.0, via Wikimedia Commons This case involves the tragic suicide of two teenagers, both of whom died by consuming sodium nitrite they purchased from a third-party Amazon…
European IP Office Denies Trademark Registration for “I Love You” Emoji 🤟
…I’m not sure if the same result would occur in the U.S. The symbol would be unregistrable for its generic meaning (i.e., I love you), but if it were used…
A Thumbs-Up Emoji Costs a Canadian Seller $82,000–South West Terminal v. Achter Land
…back from 306-264-XXXX a “thumbs-up” emoji. [Eric’s note: I took out the last four digits of Achter’s phone number, though it’s in the opinion.] The parties had a course of…
Why I Oppose the California Journalism Protection Act (the Short Version)
I recently wrote a lengthy blog post explaining the many problems with the California Journalism Protection Act (JCPA), AB 886. I submitted a letter of opposition to the Senate Judiciary…
Revisiting Bananas, Duct Tape, Walls, & Copyright–Morford v. Cattelan
Among all of the fruits, bananas play an especially important role in copyright jurisprudence. For example, we must resolve when duct-taping a banana to a wall infringes copyright. The short…
Uh-Oh, the Ninth Circuit Is Messing Again With Its Roommates Ruling–Vargas v. Facebook
The Roommates.com case plays a critical role in the Ninth Circuit’s Section 230 jurisprudence. The (unnecessarily confusing) majority opinion suggested several exclusions to Section 230’s immunity, including these statements: “If…
It Turns Out You Can’t “Sue the CDA”–Fyk v. US
Jason Fyk’s recent litigation campaign reminds me of the classic story Moby Dick, with Fyk in the Captain Ahab role and Section 230 as his white whale. The Netflix documentary…
California’s Proposed Fix to the Journalism Crisis Is Unconstitutional and Worse Than Socialism (Comments on the California Journalism Protection Act, CJPA)
The California legislature is competing with states like Florida and Texas to see who can pass laws will be more devastating to the Internet. California’s latest entry into this Internet…
Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)
By Guest Blogger Lisa P. Ramsey [Lisa P. Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark…