Yet More Evidence That Keyword Advertising Lawsuits Are Stupid--Porta-Fab v. Allied Modular

Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Allied Modular

Porta-Fab and Allied Modular compete in the modular building space, which has an average sales price of $32k. Allied purchased “PortaFab” as a broad match for keyword ads, showing ads like this (highlighting added): As you can see, Allied’s ad…

Snap and Airbnb Aren't Liable for Tragic Shooting--Jackson v. Airbnb

Snap and Airbnb Aren’t Liable for Tragic Shooting–Jackson v. Airbnb

This case involves a tragedy of a minor shooting another minor (the shooter and the victim’s family disagree about whether it was accidental or intentional). The shooter acquired the gun via Snapchat, and the shooting took place at an Airbnb…

How Copyright Law Fosters Anti-Competitive Behavior, Part Infinity--Bayam v. ID Tech

How Copyright Law Fosters Anti-Competitive Behavior, Part Infinity–Bayam v. ID Tech

Bayam and ID Tech run rival online jewelry businesses. Both use Shopify as a service provider. ID Tech believed that Bayam copies too much of its copyrighted website content and pursued a whirlwind of enforcement activity, including filing two lawsuits…

Does the CFAA Help Airlines Control Their Distribution Channels?–RyanAir v. Booking (Guest Blog Post)

by Kieran McCarthy When the Supreme Court decided Van Buren v. United States last summer, many Computer Fraud and Abuse Act experts felt that the decision avoided the worst interpretations of the CFAA, while consciously leaving most of its practical…

Section 230 Applies to Sellers' Listings on Auto Auction Service--Cohen v. Copart

Section 230 Applies to Sellers’ Listings on Auto Auction Service–Cohen v. Copart

Copart runs an auto auction website that includes “repairable” cars, i.e., junkers. The plaintiff sued for three alleged misrepresentations, including: On vehicle pages, Copart displays an Estimated Retail Value for the vehicle. Plaintiff contends that this number is false and…

Amending Your TOS? Better Use a Clickthrough Process, Not Email Notice--Alkutkar v. Bumble

Amending Your TOS? Better Use a Clickthrough Process, Not Email Notice–Alkutkar v. Bumble

Alkutkar used the dating app Bumble. He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Bumble successfully redirects the case to arbitration based on its…

Section 230 Protect Apple's App Store from Claims Over Cryptocurrency Theft--Diep v. Apple

Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple

This lawsuit relates to the “Toast Plus” app that was available in Apple’s app store. The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). The plaintiffs’…

Section 230 Doesn't Protect App Stores That Sell Virtual Chips for Casino Apps--In re Apple App Store

Section 230 Doesn’t Protect App Stores That Sell Virtual Chips for Casino Apps–In re Apple App Store

Introduction This case relates to “social casino apps” that simulate casino games like slot machines. Players pay real cash to buy virtual chips, which they can only use in the app, i.e., the player can never cash out their virtual…

11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal--Alper Automotive v. Day to Day Imports

11th Circuit UPHOLDS a 512(f) Plaintiff Win on Appeal–Alper Automotive v. Day to Day Imports

I’m going on a limb and saying that I believe this is the first appellate court upholding a 512(f) plaintiff win. The closest plaintiffs have gotten in the past is the Ninth Circuit’s Lenz case, which had plaintiff-favorable language but…

A Court Calls Out Congress & the DOJ for Not Clarifying the ADA’s Application to Online Retailers–Martinez v. Cot’n Wash

This lawsuit involves the online retailer dropps.com (apparently it sells cleaning products). Martinez claims that the website isn’t ADA compliant. Martinez sued for an Unruh Act violation, predicated on an ADA violation. The court rejects the claim because a “place…