My Declaration Identifying Emoji Co. GmbH as a Possible Trademark Troll

My Declaration Identifying Emoji Co. GmbH as a Possible Trademark Troll

There are dozens of federal lawsuits captioned “Emoji Company GmbH v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto.” Last month, in one of them, I filed a declaration stating that “Emojico appears…

The ADA Doesn’t Apply to Online Newspaper Website (Again)–Winegard v. Newsday

The plaintiff is deaf. He is a serial litigant (“By this Court’s count, Mr. Winegard had filed at least forty-four ADA lawsuits in this district alone as of August 16, 2021”). He says that he can’t watch video on the…

Instacart's Privacy Policy Protects Stripe from Consumer Privacy Claims--Silver v. Stripe

Instacart’s Privacy Policy Protects Stripe from Consumer Privacy Claims–Silver v. Stripe

Instacart uses Stripe as a payment processor. Instacart purports to bind consumers to its privacy policy via this screen: (Sorry for the poor image resolution. This is what the court’s opinion had. The applicable disclosures are in the bottom right…

DC Circuit Upholds Airbnb's TOS--Selden v. Airbnb

DC Circuit Upholds Airbnb’s TOS–Selden v. Airbnb

Selden sued Airbnb for racial discrimination. Airbnb invoked its arbitration clause. Five years ago, the district court sent the case to arbitration. Selden lost the arbitration because a room in an owner-occupied, single-family residence isn’t a public accommodation (similar to…

ADA Doesn’t Apply to Newspaper’s Website–Suris v. Gannett

The plaintiff is deaf. He tried to watch videos on the USA Today website but couldn’t due to the lack of closed captioning. USA Today defended on the grounds that its website isn’t a place of public accommodation. The court…

'365 for Business' Users' Privacy Lawsuit Dismissed--Russo v. Microsoft

‘365 for Business’ Users’ Privacy Lawsuit Dismissed–Russo v. Microsoft

Users of “Microsoft 365 For Business” allege oversharing by Microsoft, which translates into claims under (1) the Wiretap Act and the Stored Communications Act; (2) Washington’s Consumer Protection Act; (3) the Washington one-party consent phone statute; and (4) common law….

Comments on Arkansas' "Online Marketplace Consumer Inform Act" (SB 470)

Comments on Arkansas’ “Online Marketplace Consumer Inform Act” (SB 470)

It’s hard to keep up with the tsunami of new Internet laws at the state level, and I had some difficulty finding the actual text of this law as passed (I couldn’t see it at the legislative website’s page for…

Texas Supreme Court Says Amazon Isn’t the Seller of Marketplace Items It Fulfills–Amazon v McMillan

The Fifth Circuit certified the following question to the Texas Supreme Court: Under Texas products-liability law, is Amazon a “seller” of third-party products sold on Amazon’s website when Amazon does not hold title to the product but controls the process…

New Essay: "Regulating Internet Services by Size"

New Essay: “Regulating Internet Services by Size”

Jess Miers and I have published an essay called “Regulating Internet Services by Size,” part of a special CPI Antitrust Chronicle special issue on Section 230. Our essay does two main things. First, it explains different drafting choices for defining…

Domino Pizza’s Website Violated the Americans With Disabilities Act (ADA)–Robles v. Domino’s

This ruling follows up the precedent-setting 9th Circuit ruling from 2019, Robles v. Domino’s Pizza. The 9th Circuit held that the ADA applies to Domino’s website and app. The 9th Circuit remanded the case back to the district court to…