2H 2022 Quick Links, Part 2 (Trademarks)

Trademark * Illinois’ Fair Food and Retail Delivery Act: “A third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant, and may not take or arrange for the pickup or…

High School Students Can Be Disciplined for Racist Private Instagram Account–Chen v. Albany School District

The Supreme Court’s Mahanoy decision left many issues for the lower courts to resolve about when schools can discipline students for social media posts. This opinion from the Ninth Circuit starts to fill in some of the gaps. The case…

2H 2022 Quick Links, Part 1 (Marketing, Privacy)

Marketing * FTC cracks down on live reads on the radio. * NY Times: Meta Agrees to Alter Ad Technology in Settlement With U.S. * Comcast v. Comptroller, No. C-02-cv-02-10509 (Md. Cir. Ct. Oct. 21, 2022). Court strikes down Maryland’s…

My Trustcon 2022 Keynote Talk

My Trustcon 2022 Keynote Talk

In September, I attended Trustcon, the first annual membership conference for the Trust & Safety Professional Association (TSPA), followed by Stanford Internet Observatory’s first Trust & Safety Research Conference (co-sponsored by the Trust & Safety Foundation). For more on Trustcon,…

FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)

FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)

This is a consumer protection lawsuit against FitBit, now owned by Google. Google sought to send the case to arbitration based on the TOS provisions. The court sees this as a simple formation question because FitBit used a “clickwrap” (i.e.,…

Ninth Circuit Easily Rejects Another Jawboning Case--Huber v. Biden

Ninth Circuit Easily Rejects Another Jawboning Case–Huber v. Biden

I previously described the case: Twitter suspended Huber pursuant to its COVID misinformation policy. Huber claimed that Twitter took that action in league with the Biden administration. If this setup sounds familiar, that’s because at least a dozen cases riff…

Rounding Up Some Recent Editorial Transparency Developments

Rounding Up Some Recent Editorial Transparency Developments

Editorial transparency is generating lots of legal activity. This post rounds up some recent developments. NetChoice v. Moody As expected, both sides appealed the 11th Circuit’s NetChoice v. FLA ruling to the US Supreme Court. Florida appealed the censorship provisions….

Does Possession of Memes Show Criminal Intent?–People v. Watts

This is a rape case. Law enforcement found the following items on the defendant’s phone (warning–explicit and offensive descriptions): three photos with accompanying text, which the State argued expressed “the idea that a male has a right to have sexual…

Section 230 Protects a User Sharing an Allegedly Defamatory Facebook Event--AH v. Labana

Section 230 Protects a User Sharing an Allegedly Defamatory Facebook Event–AH v. Labana

This case involves St. Francis High School, a Catholic high school in Mountain View located just a few steps away from my home. In the wake of George Floyd’s death during the early pandemic days, racial tensions were high and…

Got a Selfie With a Celebrity? Think Twice Before Using It In Ads--50 Cent v. Kogan

Got a Selfie With a Celebrity? Think Twice Before Using It In Ads–50 Cent v. Kogan

This is yet another blog post about 50 Cent a/k/a Curtis Jackson. This time, he “happened to be in the proximity” of the defendant’s cosmetic surgery clinic. Doing what, exactly? The opinion doesn’t say. While he was fortuitously in the…