New Jersey Attorney Ethics Opinion Blesses Competitive Keyword Advertising (…or Does It?)

In 2016, the Texas Bar issued an opinion decisively blessing competitive keyword advertising by lawyers. (Note: I define competitive keyword advertising as buying a rival’s name/brand as the trigger for ads without displaying the name/brand in the ad copy). At…

Another Competitive Keyword Advertising Lawsuit Fails--Dr. Greenberg v. Perfect Body Image

Another Competitive Keyword Advertising Lawsuit Fails–Dr. Greenberg v. Perfect Body Image

Dr. Stephen Greenberg is a plastic surgeon on Long Island. Perfect Body Image provides “non-surgical and non-invasive aesthetic services, including, among other things, laser treatments.” Perfect Body doesn’t have any doctors on staff. In addition to Stephen, at least two…

Facebook Defeats Pro Se Consumer Privacy Suit–Hassan v. Facebook

This is a pro se privacy lawsuit by 4 longtime Facebook users (from 2007-09). It covers a lot of the same topics as the dozens of pending privacy class action lawsuits against Facebook. Not surprisingly, as a pro se suit,…

1H 2019 Quick Links, Part 6 (Privacy, E-Commerce, & More)

Privacy * Gullen v. Facebook, Inc., 2019 WL 2486566 (9th Cir. June 14, 2019): No reasonable jury could conclude that Facebook subjected the photo uploaded to the Glenview Patch organizational Facebook page (which is the only photo at issue in this appeal) to…

1H 2019 Quick Links, Part 3 (Trademarks)

* Williams-Sonoma v. Amazon, Case No.18-cv-07548-EDL (N.D. Cal. May 2, 2019): The first theory of infringement – that Amazon set up an unauthorized Williams-Sonoma website – is not plausible. The screenshots included in the complaint and/or attached as exhibits show…

1H 2019 Quick Links, Part 2 (Keyword Advertising)

* Grasshopper House LLC v. Clean & Sober Media LLC, 2019 WL 2762936 (C.D. Cal. July 1, 2019). Prof. Tushnet recaps the case. The passages that stood out to me: Lastly, Passages argues for a third mechanism to estimate Cliffside’s…

Latest Linkwrap on FOSTA's Aftermath

Latest Linkwrap on FOSTA’s Aftermath

Some FOSTA-related links that have accumulated over the past few months: Lucy Kahn, “Against FOSTA/SESTA: One Canary’s Cry From Inside the Coal Mine“ Now that FOSTA/SESTA has been voted into law, I’ve literally seen my advertising platforms disappear before my…

Twitter Gets Another Significant Section 230 Win in Lawsuit by Suspended User--Murphy v. Twitter

Twitter Gets Another Significant Section 230 Win in Lawsuit by Suspended User–Murphy v. Twitter

Murphy had about 25,000 Twitter followers. She repeatedly referred to a trangendered female as male in her tweets. Twitter suspended her account for “misgendering.” After more negative interactions between them, Twitter permanently banned Murphy. Murphy claimed that Twitter changed its…

D.C. Circuit Issues Sweeping Pro-Section 230 Opinion--Marshall's Locksmith v. Google

D.C. Circuit Issues Sweeping Pro-Section 230 Opinion–Marshall’s Locksmith v. Google

The DC Circuit has produced some defense-favorable Section 230 rulings, including Klayman v. Zuckerberg and Bennett v. Google. This opinion may be the most favorable yet. The plaintiffs are self-styled “legitimate” locksmiths who claim that Google gives too much prominence…

The Florida Bar Regulates, But Doesn’t Ban, Competitive Keyword Ads

The Florida Bar has a drama-filled history regarding the regulation of competitive keyword advertising by lawyers. This post explains the background. In 2013, the bar was poised to ban competitive keyword ads, but at the last minute it did a…