Amazon Isn’t Liable for Marketplace Items That Make False Claims–Planet Green v. Amazon
I previously summarized this lawsuit: The plaintiff sells remanufactured printer ink cartridges. The plaintiff claims that Amazon listings falsely claim that other merchants’ cartridges are “remanufactured” or “recycled.” For reasons unclear to me, the plaintiff thought it would be a…
California AG Abandons Key Parts of California’s Mandatory Editorial Transparency Law (AB 587)–X v. Bonta
As you may recall, the Ninth Circuit substantially gutted California’s mandatory editorial transparency law (AB 587). In the aftermath of that ruling, the California AG abandoned its defense of key portions of the law. The settlement says: subdivisions (a)(3), (a)(4)(A),…
Section 230 Doesn’t Apply to “Refer-a-Friend” Text Message–Jensen v. Capital One
Capital One has a “refer-a-friend” program for its customers. Capital One provides its customers with promotional content and a customer-specific referral URL. Customers can edit the content as they see fit, then send it to their friends (or their enemies…
Court Rejects an Attempt to Create a Common-Law Notice-and-Takedown Scheme–Bogard v. TikTok
The plaintiffs allege they notified YouTube and TikTok about videos that allegedly violated the services’ rules, and the services didn’t take action on those notifications despite making various promises to do so. These arguments revisit well-trodden legal ground, but the…
Facebook Compelled to Comply With Washington Political Ad Transparency Law (Catch-Up Post)–State v. Meta
[This opinion from December got stuck in my blogging queue. I’m blogging it now as part of my ongoing efforts to highlight the censorial effects of mandatory editorial transparency laws.] Washington’s Fair Campaign Practices Act “requires Meta to maintain certain…
Court Upholds Google’s Ad TOS Amendment to Add an Arbitration Clause–In re Google Digital Advertising Antitrust Litigation
This is a long-running litigation battle over Google’s advertising practices. In 2021, many individual advertiser claims were consolidated into an MDL in SDNY. Four years and 900+ docket entries later, the SNDY court holds that two plaintiffs’ claims must go…
Courts Are Echoing The Third Circuit’s Repeal of Section 230–Huckabee v. Meta
Mike Huckabee is the former governor of Arkansas and Trump’s choice for ambassador to Israel. He claims that CBD advertisers featured his name, photo, and likeness in Facebook ads. An example of the ads is displayed on the right. As…
Ninth Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Ads–Lerner & Rowe v. Brown Engstrand
This is a major ruling validating the legitimacy of competitive keyword advertising, which occurs when an advertiser purchases and displays ads triggered in response to third-party trademarks. Recently, the “Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword…
Court Revives Indiana AG’s False Advertising Case Against TikTok–State v. TikTok
This is one of the many AG enforcement actions against social media for [reasons]. In this particular claim, the Indiana AG alleges that TikTok coaxed users to install its app on false pretenses, including deceptive omissions about its ties to…
Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising–1-800 Contacts v. Warby Parker
Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. That produced a string of waffly or irresolute rulings, such as the appellate rulings in Rescuecom v. Google (2d Circuit) and Rosetta Stone v. Google…