Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising–1-800 Contacts v. Warby Parker
Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. That produced a string of waffly or irresolute rulings, such as the appellate rulings in Rescuecom v. Google (2d Circuit) and Rosetta Stone v. Google…
Court Enjoins California’s Anti-“Political Deepfakes” Law (AB 2839) Because It’s Unconstitutional Censorship–Kohls v. Bonta
In September, California enacted AB 2839. It seeks to remove certain types of politically themed “materially deceptive content” (including “deepfakes” 🙄) during the election season, except for some labeled parodies and satire. The law provides a private right of action…
Catching Up on Two Keyword Ad Cases
A couple of keyword ad cases from a couple of months ago. Alsa Refinish LLC v. Walmart Inc., 2024 WL 3914512 (C.D. Cal. July 31, 2024) The trademark owner Alsa sells chrome paint. Walmart doesn’t carry the trademark owners’ items….
eBay Isn’t Liable for Merchants’ Sales of Items That Violate Environmental Laws–US v. eBay
The EPA civilly sued eBay for third-party merchant listings of items that violate environmental laws. For example, the EPA identified over 300k aftermarket “defeat device” listings, 5k+ listings for products containing methylene chloride, and 23k listings for violative pesticides. eBay…
Pixel Case Against Google “Jumps the Shark”–Doe I v. Google (Catch Up Post)
It feels like we are getting a pixel ruling every day. I’ve ignored most of them. I’ve decided this one from 2 months ago is worth blogging, even at this date, given Judge Chhabria’s treatment of these claims. The court…