A 512(f) Case Survived a Motion to Dismiss. Guess What Happened Next–Channel 781 v. WCAC
The court describes the case: Plaintiff Channel 781 News (“Channel 781”) is a YouTube-based news outlet focusing on local affairs in Waltham, Massachusetts. Channel 781 posted clips from Waltham municipal government meetings that it believed to be newsworthy. Channel 781…
Grok’s TOS Formation Failed–Skaggs v. X.ai
This case naturally raises some questions that Musk might choose to pose to Grok, like: “Grok, is it bad when TOS formation fails?” “Grok, what are best practices for TOS formation and does our current TOS formation process satisfy those?”…
Every SAD Scheme Opinion Is Weird In Its Own Way–Cai v. Chaozhoushi Yitong Dianzi Shangwu Youxiangongsi
This case generally follows the SAD Scheme template, but with several twists: it’s in the Western District of Texas, not the more typical N.D. Ill. it’s a copyright claim rather than the more typical trademark claim it’s against a single…
LinkedIn’s Insight Tag Creates Legal Entanglements–Doe v. LinkedIn
This opinion is an offshoot of the multitudinous Meta Pixel cases. LinkedIn offered its own tracking technology called the Insight Tag. Prior blog post. In this case, two healthcare entities, Covered California and Nevada Health Link, installed the Insight Tag,…
It’s Hard for Parodic Products to Tarnish Famous Trademarks–Bad Spaniels v. Jack Daniel’s
The jurisprudence of parody dog toys and trademark dilution continues to grow. 📈 In this case, “JDPI argues that the Bad Spaniels toy dilutes its marks ‘by associating the famed whiskey with,’ as the Supreme Court put it, ‘dog excrement.’”…
11th Circuit Rejects Keyword Advertising Liability–Deltona v. NOCO
This case involves two competitors in the vehicle-battery charger industry. The plaintiff calls its offering “Battery Tender” (based on the analogy of a ship’s tender) and claims trademark rights in the term. Believing that the term is generic, NOCO began…
Ninth Circuit Lifts Restrictions on Agentic AI Accessing Amazon
by guest blogger Kieran McCarthy I recently described the district court’s decision in the case of Amazon v. Perplexity as “a shockingly poor effort to grapple with CFAA applicability to agentic AI technology.” The Ninth Circuit appears to have agreed….
CJEU Judgment on Geoblocking & Standards for Knowledge of Foreign Copyright Laws and Geoblocking Measures (Guest Blog Post)
by Prof. Marketa Trimble UNLV Boyd Law School Last month, while sitting at Amsterdam’s Schiphol Airport, a passenger typed www.annefrankmanuscripten.org on her laptop to look up the website at issue in the latest judgment by the Court of Justice of…
Another Court Shuts the Door on “Yelp Law” Drive-By Lawsuits–Arterberry v. Peet’s
Last week, I blogged the Moss v. GoDaddy decision holding that a key part of California’s Yelp Law doesn’t authorize a private right of action. If you didn’t read that post, go read it now because this post assumes you…
When You Reject Cookies, You Might Be Agreeing to Arbitration–Alba v. Harbor Freight
Starting in 2024, Harbor Freight deployed the following cookie banner: The court accepts Harbor Freight’s claim that the “2024 Cookie Banner was displayed on each page on the Website until the user interacted with it, even if the user had…