Comments on: Amazon Must Defend “Yelp Law” Claim–Ramos v. Amazon https://blog.ericgoldman.org/archives/2024/11/amazon-must-defend-yelp-law-claim-ramos-v-amazon.htm Tue, 25 Feb 2025 14:57:59 +0000 hourly 1 By: PaulAlanLevy https://blog.ericgoldman.org/archives/2024/11/amazon-must-defend-yelp-law-claim-ramos-v-amazon.htm#comment-4333 Thu, 28 Nov 2024 02:42:00 +0000 https://blog.ericgoldman.org/?p=27062#comment-4333 I read the decision and I read the underlying papers (you will see that some of the papers are now accessible on court listener because I incurred the charges. You are welcome)

I don't think it is so clear that Amazon is right about its contract, and that YOUR reading is correct

The ToS trademark language is the sort of broad prohibition against dilution by tarnishment that many courts employed before they started focusing on First Amendment limits on dilution law.

And the ToS language about consumer reviews does NOT say that consumers are free to demean Amazon as a merchant. It could easily be read as saying that consumers may only criticize the products

Really the problem here is the lawyers encourage clients like Amazon to draft in broad terms that the company can later deploy to its advantage, and here that broad language has come back to bite Amazon in the butt.

I am not so sad about that

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