Twibel Lawsuit Fails--Ganske v. Mensch

Twibel Lawsuit Fails–Ganske v. Mensch

This Twibel opinion starts off colorfully: “If the Internet is akin to the Wild West, as many have suggested, Twitter is, perhaps, the shooting gallery, where verbal gunslingers engage in prolonged hyperbolic crossfire. It is in this context of battle…

512(f) Claim Fails in the 11th Circuit–Johnson v. New Destiny Christian Center

This is a long-running and complex copyright takedown dispute that has been triggering my Westlaw alerts for years. I only blogged it once, in 2017, when the 512(f) claim survived a motion to dismiss. At that time, I wrote “given…

Court Denies TRO Seeking to Remove Facebook's “Russia State-Controlled Media” Label--Maffick v. Facebook

Court Denies TRO Seeking to Remove Facebook’s “Russia State-Controlled Media” Label–Maffick v. Facebook

Maffick publishes millennial-friendly videos on Facebook pages titled “In the Now,” “Waste-Ed” and “Soapbox.” See this CNN article for some background. Facebook added its new “Russia State-Controlled Media” label to their pages (see today’s screenshot on the right; I added…

Competitive Keyword Advertising Still Isn't Trademark Infringement, Unless.... --Adler v. Reyes & Adler v. McNeil

Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. –Adler v. Reyes & Adler v. McNeil

Competitive keyword advertising lawsuits are still stupid, and they are still typically doomed in court. This is especially true in keyword advertising disputes between rival lawyers, something that I spoke out against in 2016. Despite that, one of these two…

Another Roundup of Online Contract Formation Cases

Another Roundup of Online Contract Formation Cases

Time for another roundup of online contract formation cases. HomeAdvisor, Inc. v. Waddell, 2020 WL 2988565 (Tex. Ct. App. June 4, 2020) The court finds this a valid contract formation process: The court explains: the submittal page was uncluttered, with…

Section 230 Preempts Another FOSTA Claim--Doe v. Kik

Section 230 Preempts Another FOSTA Claim–Doe v. Kik

Kik is a messaging service. “Plaintiff alleges that Defendants have knowledge that sexual predators use its service to prey on minors but have failed to provide any warnings or enact policies to protect minors from such abuses.” The plaintiff alleges…

The First Amendment Protects the Marketing Term "Vegan Butter"--Miyoko's v. Ross

The First Amendment Protects the Marketing Term “Vegan Butter”–Miyoko’s v. Ross

I have been a vegetarian for 35+ years. Over the past 15+ years, I have shifted towards being vegan. I eat virtually 100% vegan in the home and always prefer vegan options when they are available. My embrace of veganism…

Want to Write a Story About Tardigrades in Space? Make It So!--Abdin v. CBS

Want to Write a Story About Tardigrades in Space? Make It So!–Abdin v. CBS

This is a fun opinion for four reasons. First, it deals with the always-interesting idea/expression dichotomy. Second, it deals with tardigrades, the cute microscopic “water bears” with extraordinary physical properties. Third, it deals with Star Trek, one of my favorite…

Australian Court Says Using a Zipper-Mouth Emoji Can Be Defamatory--Burrows v. Houda

Australian Court Says Using a Zipper-Mouth Emoji Can Be Defamatory–Burrows v. Houda

This case involves a Twitter thread discussing the plaintiff’s alleged misconduct as a lawyer. I’m still looking for the original thread (some or all of it appears to be deleted based on my attempts to find it on Twitter) or…

Want to Know What I Did This Summer? A Roundup of My Projects During the Pandemic Summer

Want to Know What I Did This Summer? A Roundup of My Projects During the Pandemic Summer

I had Spring semester off from teaching, so I was on “summer” break all of 2020. That break is over now; I’m already a week-and-a-half through the semester. I’ve completed numerous projects since the pandemic shutdown (which I’m dating as…