Eighth Circuit Embraces the Initial Interest Confusion Doctrine. What??? UGH. No. Why???--Select Comfort v. Baxter

Eighth Circuit Embraces the Initial Interest Confusion Doctrine. What??? UGH. No. Why???–Select Comfort v. Baxter

The initial interest confusion doctrine has always been a misguided doctrine that is too easy for plaintiffs to weaponize. Fortunately, the doctrine has been dying for over a decade. Few opinions mention it nowadays, and even fewer cite it in…

The Ninth Circuit's Confusing Ruling Over Snapchat's Speed Filter--Lemmon v. Snap

The Ninth Circuit’s Confusing Ruling Over Snapchat’s Speed Filter–Lemmon v. Snap

This is a tricky opinion to decipher. This opinion might say that Section 230 categorically doesn’t apply if the plaintiff claims an Internet service is defectively designed. That reading would largely reject the important First Circuit Doe v. Backpage ruling…

Depiction of Michigan as Hands Doesn't Preclude Similar Depictions--High Five v. MFB

Depiction of Michigan as Hands Doesn’t Preclude Similar Depictions–High Five v. MFB

High Five Threads sells t-shirts and tchotchkes. It claims copyright and trademark protection for a depiction of upper and lower Michigan as two hands (left-most image below). People routinely depict lower Michigan as a hand, and apparently others envision the…

Comments on the Oversight Board's Decision Regarding Trump's Facebook Account

Comments on the Oversight Board’s Decision Regarding Trump’s Facebook Account

Today, the Oversight Board issued its decision regarding Facebook’s decision to suspend Trump’s account for two posts Trump made during the January 6 insurrection. The decision covers a lot of ground (it’s nearly 12k words), and I’ll only cover part…

A Roundup of CCPA Court Decisions (I Only Know of 7)

A Roundup of CCPA Court Decisions (I Only Know of 7)

This post recaps the court decisions analyzing the California Consumer Privacy Act (CCPA) so far. I only know of seven opinions as of May 1, 2021, a number that struck me as surprisingly small. (If you think I’m missing any,…