Court Greenlights Politician’s Censorship of Social Media Comments–Fox v. Faison
Rep. Jeremy Faison is a Republican Tennessee state representative in what is a hugely Republican district (for example, his district includes Cocke County, which voted 83% for Trump in 2024). He also is the chamber’s Republican Caucus Chairman. He came…
Court Rejects Schedule A Claims Against Sellers of Compatible Parts/Accessories (Cross-Post)
[Cross posted with permission from Prof. Rebecca Tushnet’s Blog.] When they tell you that Schedule A cases are against counterfeiters, keep in mind that trademark owners are willing to call pretty much anything “counterfeiting,” including ads for compatible parts. Here,…
ACPA Doesn’t Apply to Vanity URLs–Athene Annuity v. Athene Group
The magistrate judge issued a default $2M+ ACPA damages award covering 160 allegedly violative “domain names.” On review, the supervising judge partially reverses, despite no objections from the defendants. In fact, only 1 of the 160 “domain names” is actually…
Google Search Isn’t a “Common Carrier” (DUH)–Ohio v. Google
State AGs undertake some of the stupidest and most MAGAlicious stunts, a form of vacuous theater to own the libs rather than better the lives of their constituents. In this case, Ohio AG Yost sued Google, claiming that Google Search…
Internet Access Providers Aren’t Bound by DMCA Unmasking Subpoenas–In re Cox
The DMCA online safe harbor is a notice-and-takedown scheme. Web hosts aren’t liable for copyright-infringing third-party uploads unless and until the copyright owner submits a proper takedown notice to the host, at which point the web host can remain legally…
In 512(f), the “F” Stands for “Futility”–Shaffer v. Kavarnos
This 512(f) case reached a bench trial on the Lenz issue of what it means for a copyright takedown notice sender to consider fair use before sending their 512(c)(3) notices. Most 512(f) plaintiffs never get anywhere close to a trial,…
Google and Roblox Defeat Videogame Addiction Lawsuit–Courtright v. Epic Games
The plaintiff claims that “video games are designed, marketed, and sold in a way that creates and sustains addiction in users.” This becomes the anchor for a mondo 260 page complaint against Epic Games, Roblox, Mojang, Microsoft, Meta, Google, Another…
Judge Kness: the SAD Scheme “Should No Longer Be Perpetuated in Its Present Form”–Eicher Motors v. Schedule A Defendants
When I first encountered the SAD Scheme, I felt like Alice entering Wonderland. The scheme was so obviously whacked that I felt like I had tumbled into an upside-down jurisprudential world. I was sure that the SAD Scheme’s illegitimacy was…
What’s the Difference Between Copyright Takedown Notices and Spam?–Michael Grecco v. Fandom
The plaintiff in this case is Michael Grecco Productions, a photographer and serial copyright litigant who’s appeared on the blog before (e.g., 1, 2). The defendant is Fandom, which runs the Wikia platform for user-run fan-enthusiast wikis. Grecco alleges that…
Lawsuits Over Competitive Keyword Advertising Are Still Stupid–NRRM v. American Dream Auto Protect
This case involves two competitors in the industry of auto protection plans (VSCs). The rival’s affiliates bought the plaintiff’s trademark “CarShield” for competitive keyword ads. The plaintiff alleged: Defendant’s agents do not label or indicate that their generic ads direct…