512(f) Preempts Tortious Interference Claim–Copy Me That v. This Old Gal

“Copy Me That” (I’m pretty sure no IP lawyer recommended that name–it’s like a confession for copyright defendants) makes an app to help users manage recipes. “This Old Gal” (again, who comes up with these names?) publishes recipes. This Old…

There Are Multiple Types of "Clickwrap." They Should All Be Enforceable--Calderon v. Sixt

There Are Multiple Types of “Clickwrap.” They Should All Be Enforceable–Calderon v. Sixt

This case involves rental car contracts. Typically, a rental car company can form a contract at three different times: when making an online reservation, when actually completing the reservation in person (nowadays, usually it’s an electronic signature on a point-of-sale…

New Essay: "The Crisis of Online Contracts (as Told in 10 Memes)"

New Essay: “The Crisis of Online Contracts (as Told in 10 Memes)”

I’m pleased to share my newest essay, “The Crisis of Online Contracts (as Told in 10 Memes),” which describes the “crisis” of overly formalist contract assent doctrines online in a brief, breezy, and (I hope) fun format. The essay’s key…

TOS Isn't a Browsewrap or a Clickwrap, But the Judge Upholds It Anyways--Regan v. Pinger

TOS Isn’t a Browsewrap or a Clickwrap, But the Judge Upholds It Anyways–Regan v. Pinger

This case doesn’t break much new ground doctrinally, but it’s a characteristically clear opinion from Judge Koh that offers some helpful lessons/reminders. The app in question is called “Sideline,” “a paid service that allows users to create a ‘virtual,’ alternative…

Ninth Circuit Sends Alexa Surreptitious Recording Case to Arbitration--Tice v. Amazon

Ninth Circuit Sends Alexa Surreptitious Recording Case to Arbitration–Tice v. Amazon

Lawsuits over voice-activated assistants (and other smart home devices) are interesting. Plaintiffs have been creative about who asserts the claims to navigate around the issue that often sinks class actions: arbitration. This has resulted in claims brought by neighbors, spouses,…

Section 230 Protects App Store from Liability for Apps With Loot Boxes--Coffee v. Google

Section 230 Protects App Store from Liability for Apps With Loot Boxes–Coffee v. Google

Many video games have loot boxes, where players can exchange valuable consideration (like in-game currency purchased for cash) for a chance to win something really valuable to gameplay. Because loot boxes may involve chance, consideration, and prizes, loot boxes may…

Continued Access to Service Not Sufficient to Bind User to New Terms of Service--Stover v. Experian

Continued Access to Service Not Sufficient to Bind User to New Terms of Service–Stover v. Experian

Stover signed up for an Experian subscription for credit monitoring in 2014. She alleged that Experian overstated the relevance of the credit report. She cancelled her subscription in 2014. In 2018, she accessed Experian’s website again, shortly before filing suit….

2H 2020 Quick Links, Part 5 (Contracts, E-Commerce, Defamation, Censorship, & More)

Contracts * Kidstar v. Facebook, Inc.,  2020 WL 4382279 (D.N.J. July 31, 2020). The plaintiff sued Facebook because he lost access to photos in his account. assuming, arguendo, that Plaintiff opened a Facebook account in 2004, the 2009 User Agreement…

Ninth Circuit Says Amazon Isn’t “Seller” of Marketplace Items–State Farm v. Amazon

This is another Amazon marketplace hoverboard case. The majority summarizes its conclusion: While Amazon provides a website for third-party sellers and facilitates sales for those sellers, it is not a “seller” under Arizona’s strict liability law for the third-party hoverboard…

Domain Name Lawsuits Are Stupid (and the Initial Interest Confusion Doctrine Is Too)--Wooster Floral v. Green Thumb

Domain Name Lawsuits Are Stupid (and the Initial Interest Confusion Doctrine Is Too)–Wooster Floral v. Green Thumb

This case concerns the domain name WoosterFloral.com. It was initially owned by Wooster Floral, a florist in Wooster, Ohio. However, in 2014, the owner wound down the business and didn’t renew the domain name. The store manager then bought out…