YouTube Defeats Trademark Lawsuit–Lops v. YouTube
Leonel Lops claims a trademark in the term “Confidence Empire” for shoes. He alleges that YouTube sold items under the “Confidence Empire” brand and published videos from a dance troupe…
Consumers Don’t Think Plant-Based “Milks” Are Cowmilk, But the FDA Wants More Disclosures Anyway
…understand the nutritional differences between milk and plant-based milk alternatives.” This already exposes some of the FDA”s nomenclature troubles, because its baseline of a generic “milk” subsumes many different dairy…
Ripoff Report Gets a Pricey Lesson on Section 230–Selker v. Xcentric
I’ve blogged many Ripoff Report cases over the years, but it’s been a while since my last one (looks like 2018?). In this case, the plaintiff alleges that someone posted…
Form “Non-Disparagement” Clause Violated Consumer Review Fairness Act–State v. Ideal Horizon Benefits
In 2016, Congress enacted the Consumer Review Fairness Act (CRFA), which bans businesses from trying to contractually restrict their customers’ reviews. It represents a rare federal intervention into contract law,…
Why I Think California’s Age-Appropriate Design Code (AADC) Is Unconstitutional
I’ve repeatedly expressed my opposition to the California Age-Appropriate Design Code (AADC), and now I’ve put my opposition into more formal terms for a judge. With the pro bono assistance…
Debrief on the Taamneh v. Twitter Oral Arguments
…at oral arguments, you don’t want to give an expedient concession, only to have other justices then pounce on any inconsistencies that might create. The plaintiffs’ lawyer, Eric Schnapper, made…
Quick Debrief on the Gonzalez v. Google Oral Arguments
I’m going to crank this blog post out before I get swamped with press requests. My takeaways: I did not hear 5 votes in favor of the plaintiffs’ position. Indeed,…
Preparing for the Supreme Court’s Gonzalez v. Google Oral Arguments
Tomorrow, the Supreme Court will hear oral arguments in the Gonzalez v. Google case. I am NOT looking forward to this at all. First, I expect the arguments will go…
Musk’s Changes at Twitter Moot Lawsuit Over Naomi Wolf’s Deplatforming–Trump v. Twitter
Wikipedia says: “During the COVID-19 pandemic, [Naomi] Wolf has frequently promoted COVID-19 misinformation, misinformation related to vaccination and 5G conspiracy theories.” Twitter banned her account as part of its COVID…
New York’s Mandatory Editorial Transparency Law Preliminarily Enjoined–Volokh v. James
Last year, as part of the first wave of censorial mandatory editorial transparency laws, New York enacted N.Y. Gen. Bus. Law § 394-ccc. The “has two main requirements: (1) a…