Virtual Casino’s “Sign-in-Wrap” Formation Fails–Kuhk v. Playstudio
This case involves the following screens: You may need to enlarge the images to see the purported call-to-action. In the top image, it’s purple lettering on a purple background. Serisouly, who does that? The green one is only slightly easier…
Ticketmaster’s Attempt to Game Arbitration Services Fails–Heckman v. Live Nation
In an effort to curb mass arbitration, Ticketmaster sought to switch arbitration service providers to New Era ADR, including for past ticket purchases. New Era incorporated some defense-favorable provisions to its mass arbitration provision. The Ninth Circuit holds those provisions…
What Is It With “Kennedy” Politicians Bringing Weak Lawsuits Against Facebook?–Baldwin-Kennedy v. Meta
Ronda Baldwin-Kennedy, a lawyer, ran for the US Senate in Nevada as a Republican. She got less than 2,000 votes in the June 2024 primary. Now, she’s suing Meta for a variety of gripes related to her Facebook and Instagram…
Section 230 Defeats Underage User’s Lawsuit Against Grindr–Doll v. Pelphrey
This is another lawsuit against Grindr claiming that Grindr made it too easy for underage users to sign up and meet other users for sex. Thus, the plaintiff alleges “Grindr should have prevented C.D. from communicating with them by implementing…
A 27-Month Check-In on the Copyright Claims Board (CCB) (Guest Blog Post)
By guest blogger Tyler Ochoa This month, the Copyright Claims Board released its quarterly report of “Key Statistics,” covering the period from June 2022 (when it began operation) through September 2024 (9 quarters, or 27 months). Here are a few…
Ninth Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Ads–Lerner & Rowe v. Brown Engstrand
This is a major ruling validating the legitimacy of competitive keyword advertising, which occurs when an advertiser purchases and displays ads triggered in response to third-party trademarks. Recently, the “Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword…
The VPPA May Be a Dinosaur Statute, But It’s Very Much Alive in the Second Circuit–Salazar v. NBA
NBA.com passed along video viewing information to Facebook using the Facebook Pixel, including “(1) the title of the NBA.com video a user watched, (2) that video’s URL, and (3) the user’s “Facebook ID” (FID)—a number unique to each individual Facebook…
Expert Witness Used Generative AI to Prepare His Report. It Didn’t Go Well–In re Weber
This case involves real property on Cat Island in the Bahamas. After the death of Michael S. Weber, the property passed into his trust. Susan, his sister, is the trustee, and his son Owen is a trust beneficiary. Owen may…
Court Revives Indiana AG’s False Advertising Case Against TikTok–State v. TikTok
This is one of the many AG enforcement actions against social media for [reasons]. In this particular claim, the Indiana AG alleges that TikTok coaxed users to install its app on false pretenses, including deceptive omissions about its ties to…
Internet Access Providers Face Contributory Copyright Liability for Subscribers’ Infringements–UMG v. Grande
This is another lawsuit against an Internet access provider (IAP) for user-committed copyright infringement via P2P file sharing. For more background on this issue, see this rrcap and the links at the bottom of this post. My post on a…