Peloton Can't Bind All Family Members To Its Arbitration Provision--SS v. Peloton

Peloton Can’t Bind All Family Members To Its Arbitration Provision–SS v. Peloton

This case involves the Peloton treadmill (“Tread+”). The treadmill has caused numerous personal injuries, and Peloton has recalled it. In this case, a 3 year old boy suffered personal injuries due to a Tread+ his dad bought. The dad, mom,…

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…

A Roundup of German Caselaw Regarding Emojis and Emoticons (Guest Blog Post)

A Roundup of German Caselaw Regarding Emojis and Emoticons (Guest Blog Post)

by guest blogger Dr. Matthias Pendl,┬áMax Planck Institute for Comparative and International Private Law Introduction Emoji are a worldwide phenomenon in modern communication, and so unsurprisingly emoji cases are popping up in Germany as well. Although the number of published…

Emoji Version Variations Help Identify Fabricated Evidence--Rossbach v. Montefiore Medical

Emoji Version Variations Help Identify Fabricated Evidence–Rossbach v. Montefiore Medical

Rossbach worked at Montefiore Medical Center. She claims her supervisor sexually harassed her and then the center retaliated against her. This screenshot is the evidentiary centerpiece of her claim: The last line is the court’s: “This image is a fabrication.”…

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…

Blogger Loses Copyright Ruling Over Photo...But No Mention of the CC-BY-SA License!--Von Der Au v. Imber

Blogger Loses Copyright Ruling Over Photo…But No Mention of the CC-BY-SA License!–Von Der Au v. Imber

Von Der Au is a professional photographer. The photographer took a photo of the Semperoper opera house in Dresden, Germany. The defendant blogs at MichaelGImberBlog.com and republished the photo in a post. The court claims the “value of a license…

TripAdvisor Doesn't Get Early Section 230 Dismissal--Putt v. TripAdvisor

TripAdvisor Doesn’t Get Early Section 230 Dismissal–Putt v. TripAdvisor

Putt booked a tour through TripAdvisor’s subsidiary, Viator. On the tour, she suffered personal injuries. Putt sued TripAdvisor for negligence, misrepresentation, and more. Section 230. TripAdvisor invoked Section 230. The court says it’s too early to tell if TripAdvisor qualifies…

My California Young Lawyers Association Interview About Emojis

My California Young Lawyers Association Interview About Emojis

[In August, I did an interview with Skyler Gray that ran in the California Young Lawyers Association newsletter.] How did an intersection of emojis and the law begin? Were there legal issues concerning the original punctuation emojis, such as “:)”…

If You Want an Enforceable Online Contract, You Better Keep a Good Chain of Evidence--Snow v. Eventbrite

If You Want an Enforceable Online Contract, You Better Keep a Good Chain of Evidence–Snow v. Eventbrite

Eventbrite wanted to send a lawsuit to arbitration, so it invoked the arbitration clause in its TOS. But did the plaintiffs assent to Eventbrite’s TOS? The court says no. What went wrong? Eventbrite has three online venues: its desktop website,…

Another Roundup of Online Contract Formation Cases

Another Roundup of Online Contract Formation Cases

Time for another roundup of online contract formation cases. HomeAdvisor, Inc. v. Waddell, 2020 WL 2988565 (Tex. Ct. App. June 4, 2020) The court finds this a valid contract formation process: The court explains: the submittal page was uncluttered, with…