A Single Emoji Could Constitute Securities Fraud--In re Bed Bath & Beyond

A Single Emoji Could Constitute Securities Fraud–In re Bed Bath & Beyond

This case involves Ryan Cohen, who made a fortune running Chewy.com and then switched his interests to meme stocks. He bought a 9% interest in the failing retailer Bed Bath and Beyond, hyped the stock, and then liquidated his position,…

European IP Office Denies Trademark Registration for "I Love You" Emoji 🤟

European IP Office Denies Trademark Registration for “I Love You” Emoji 🤟

The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). The applicant argued that it was a different…

A Thumbs-Up Emoji Costs a Canadian Seller $82,000--South West Terminal v. Achter Land

A Thumbs-Up Emoji Costs a Canadian Seller $82,000–South West Terminal v. Achter Land

[A special post for my Canadian friends as a belated celebration of Canada Day. 🍁] This case involves a Canadian transaction for flax. The court summarizes: Mr. Mickleborough had a contract drafted for Achter to sell SWT 86 metric tonnes…

Prison Warden Says: ‘Lock The Emojis Up.’ Court Replies: ‘Free the Emojis’–Taliani v. Dortch

Prisoners have limited free speech rights. Among other things, their outgoing written communications are typically reviewed before sending. The Hill Correctional Center in Illinois bans prisoners from sending “coded” messages that the reviewers can’t understand. (I imagine other prisons have…

What Does the "Water" Emoji Mean? Perhaps Not What You Think--US v Swanagan

What Does the “Water” Emoji Mean? Perhaps Not What You Think–US v Swanagan

[Just a reminder that there are no “off-limits” topics in Internet Law. So yes, this post is going to go there.] Law enforcement took down a methamphetamine ring in Kentucky. Based in part on Facebook messages between two defendants that…

2H 2022 Quick Links, Part 5 (Censorship & More)

Censorship * Wired: China Is Tightening Its Grip on Big Tech * NY Times: ‘An Invisible Cage’: How China Is Policing the Future * NY Times: How Russian Trolls Helped Keep the Women’s March Out of Lock Step * Wired:…

If the Word "Emoji" is a Protectable Trademark, What Happens Next?--Emoji GmbH v. Schedule A Defendants

If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants

Emoji Co. GmbH has registered trademarks in the dictionary word “Emoji.” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety…

A Million-Dollar Thumbs-Up Emoji?--Lightstone v. Zinntex

A Million-Dollar Thumbs-Up Emoji?–Lightstone v. Zinntex

This is a pandemic case. The buyer ordered $2.1M of personal protective equipment (PPE) from the seller in April 2020 and wired the money. The seller subsequently didn’t deliver, and the buyer cancelled the order. That left the issue of…

Comments on Adobe's 2022 Emoji Usage Trends Survey

Comments on Adobe’s 2022 Emoji Usage Trends Survey

[The Internet you know and love is on life support after an awful NetChoice v. Paxton Fifth Circuit opinion and the enactment of two California laws, AB 2273 and AB 587. I’ve written so much about those bills that I…

Ninth Circuit: Elected Officials Violated the First Amendment by Blocking Constituents on Social Media--Garnier v. O’Connor-Ratcliff

Ninth Circuit: Elected Officials Violated the First Amendment by Blocking Constituents on Social Media–Garnier v. O’Connor-Ratcliff

This case involves two elected trustees of the Poway Unified School Board (PUSD), Michelle O’Connor-Ratcliff and T.J. Zane. (Poway is a San Diego suburb). They used their Facebook and Twitter pages “to inform constituents about goings-on at the School District…