A Little Good News: SSRN Has Launched a New eJournal on Advertising & Marketing Law

I’m excited to announce that Rebecca Tushnet and I are co-editing a new SSRN eJournal, the “Advertising & Marketing Law eJournal” (official SSRN announcement below). If you are uploading scholarly works to SSRN on these topics, add your work to…

Facial Recognition Database Vendor May Not Qualify for Section 230--Vermont v. Clearview

Facial Recognition Database Vendor May Not Qualify for Section 230–Vermont v. Clearview

As you recall, Clearview AI is a facial recognition database vendor. Some law enforcement departments have adopted its service, but we aren’t sure how many. We also aren’t sure about its facial recognition accuracy (or, for that matter, how much…

Sex Trafficking Lawsuit Against Craigslist Moves Forward--ML v. Craigslist

Sex Trafficking Lawsuit Against Craigslist Moves Forward–ML v. Craigslist

In April, a magistrate judge issued a breathtaking ruling that Craigslist can be sued for sex trafficking torts, that Section 230 didn’t support Craigslist’s motion to dismiss, and that the statute of limitations might not apply even though the facts…

Competitive Keyword Advertising Still Isn't Trademark Infringement, Unless.... --Adler v. Reyes & Adler v. McNeil

Competitive Keyword Advertising Still Isn’t Trademark Infringement, Unless…. –Adler v. Reyes & Adler v. McNeil

Competitive keyword advertising lawsuits are still stupid, and they are still typically doomed in court. This is especially true in keyword advertising disputes between rival lawyers, something that I spoke out against in 2016. Despite that, one of these two…

The First Amendment Protects the Marketing Term "Vegan Butter"--Miyoko's v. Ross

The First Amendment Protects the Marketing Term “Vegan Butter”–Miyoko’s v. Ross

I have been a vegetarian for 35+ years. Over the past 15+ years, I have shifted towards being vegan. I eat virtually 100% vegan in the home and always prefer vegan options when they are available. My embrace of veganism…

Section 230 Protects Craigslist from Sex Trafficking Claims, Despite FOSTA--JB v. Craigslist

Section 230 Protects Craigslist from Sex Trafficking Claims, Despite FOSTA–JB v. Craigslist

This is an important early judicial interpretation of FOSTA. The court reaches several key conclusions, including that Section 230(c)(1) still preempts state civil claims and Craigslist did not “participate in a venture” with every advertiser of commercial sex. If this…

Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All

Three Keyword Advertising Decisions in a Week, and the Trademark Owners Lost Them All

If you are a trademark owner suing over competitive keyword ads, you are almost certainly making a bad business decision, and your attorney might be milking your bank account. If you are an attorney representing a trademark owner in a…

Google Defeats Account Termination Case on Section 230 Grounds (Mostly)--Enhanced Athlete v. YouTube

Google Defeats Account Termination Case on Section 230 Grounds (Mostly)–Enhanced Athlete v. YouTube

This is another account termination case. The plaintiff ran two YouTube channels with 145k subscribers. The opinion implies that the channels hyped a steroid-like supplement not approved by the FDA (“SARMS”). As usual with cases in this genre, the plaintiff…

Announcing the Fifth Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Announcing the Fifth Edition of Advertising & Marketing Law: Cases & Materials by Tushnet & Goldman

Rebecca Tushnet and I are pleased to announce the fifth edition of our casebook, Advertising & Marketing Law: Cases & Materials. It is available for purchase in the following formats: * A DRM-free PDF file. Price: $12 * In Kindle. Price: $9.99…

IAP Defeats Vicarious Copyright Infringement Claim--UMG v. Bright House

IAP Defeats Vicarious Copyright Infringement Claim–UMG v. Bright House

In a good ruling for Internet access providers (IAPs), a court said that the IAP Bright House wasn’t vicariously liable for its users’ copyright infringing activity because the IAP lacked a direct financial benefit. The court says that the legal…