“Material Support for Terrorists” Lawsuit Against YouTube Fails Again–Gonzalez v. Google

This is one of numerous lawsuits against social media providers, seeking to hold them liable for terrorist attacks because they publish third party-provided terrorist-related content. These lawsuits have gone nowhere, including this one. I blogged the dismissal of the Second…

Another Failed Trademark Suit Over Competitive Keyword Advertising--JIVE v. Wine Racks America

Another Failed Trademark Suit Over Competitive Keyword Advertising–JIVE v. Wine Racks America

The parties compete in the wine rack/wine cellar business. The defendant bought the plaintiff’s trademarks for keyword ads. The plaintiff alleges this creates initial interest confusion. The 10th Circuit’s Lens.com ruling governs this case. The court says that case makes…

Twitter Gets Powerful Win in “Must-Carry” Lawsuit–Taylor v. Twitter

This is one of several lawsuits brought by disseminators of anti-social content (in this case, white supremacist content) seeking to prevent social media providers from cutting them off. In June, the lower court surprisingly rejected Twitter’s dismissal motion for the…

Recent Developments Regarding the California Consumer Privacy Act

Recent Developments Regarding the California Consumer Privacy Act

This post recaps some recent developments related to the California Consumer Privacy Act (which I’m still calling CCPA despite the IAPP’s effort to brand it CaCPA). The Technical Amendments Bill The technical amendments bill is SB 1121. The bill would…

Negative Keywords Help Defeat Preliminary Injunction–DealDash v. ContextLogic

DealDash and Wish are e-commerce vendors. For a while, Wish offered a service called “Deal Dash” for time-limited bargains. Immediately after DealDash sued, Wish renamed its service “Bargain Blitz” and pulled the “DealDash” term from all advertising. DealDash still pressed…

An Update on the Constitutional Court Challenge to FOSTA--Woodhull Freedom v. US (Guest Blog Post)

An Update on the Constitutional Court Challenge to FOSTA–Woodhull Freedom v. US (Guest Blog Post)

by guest blogger Alex F. Levy Following the initial filings in Woodhull v. Sessions (summarized here), defendants filed a combined opposition to the motion for preliminary injunction and motion to dismiss (Dkt #16) on July 12th, 2018. Plaintiffs then filed…

The California Consumer Privacy Act Should Be Condemned, Not Celebrated (Cross-Post)

The California Consumer Privacy Act Should Be Condemned, Not Celebrated (Cross-Post)

[I initially published this with the IAPP. They are the ones that chose “CaCPA” over “CCPA.”] For years, many privacy professionals yearned for a comprehensive U.S. privacy law. So when California enacted the California Consumer Privacy Act, a comprehensive privacy…

The Florida Bar and Competitive Keyword Advertising: A Tragicomedy (in 3 Parts)

The Florida Bar and Competitive Keyword Advertising: A Tragicomedy (in 3 Parts)

In the late 2000s, keyword advertising was one of Internet Law’s hottest topics. Now, not so much. Relatively few lawsuits are filed; they rarely last long in court; and most trademark owners have moved on. But in the Florida Bar,…

A Cautionary Tale of Sarcasm in Social Media--Ross v. City of Jackson

A Cautionary Tale of Sarcasm in Social Media–Ross v. City of Jackson

An unspecified Facebook friend of Ross posted a meme that was something like this: Ross favors gun control. He replied with a comment: “Which one do I need to shoot up a kindergarten?” Perhaps feeling satisfied that he had won the…

GoDaddy & Instagram Avoid Liability for Users' Photos of Knockoff Goods--Franklin v. X Gear 101

GoDaddy & Instagram Avoid Liability for Users’ Photos of Knockoff Goods–Franklin v. X Gear 101

The plaintiff owns copyright and trademark registrations in a bear logo. He claims a defendant created a similar-looking bear logo and marketed goods using that logo:   I’ll focus on the court’s treatment of plaintiffs’ claims against GoDaddy and Instagram….