An Email Inbox Isn’t a “Place” for Purposes of Florida Privacy Law–Hall v. Sargeant

One of the most venerable cyberlaw questions: is cyberspace a physical place, and does it matter legally? For purposes of Florida’s privacy invasion law, a federal district court answers: no and yes. This case involves long-running litigation and drama between…

Online Marketplace Defeats Trademark Suit Because It's Not the "Seller"--OSU v. Redbubble

Online Marketplace Defeats Trademark Suit Because It’s Not the “Seller”–OSU v. Redbubble

Redbubble is an online marketplace for artists. It outsources many of its functions. Its artist-vendors “are automatically connected with a third-party manufacturer to make the goods.” Redbubble also uses third-party services to package/ship goods and process payments. It appears much…

More Kardashian Drama: A Legal Fight Over Ownership of the Kimoji Emoji Set--Liebensohn v. Kardashian (Guest Blog Post)

More Kardashian Drama: A Legal Fight Over Ownership of the Kimoji Emoji Set–Liebensohn v. Kardashian (Guest Blog Post)

by guest blogger Gabriella Ziccarelli [Eric’s introductory note: I have made a personal life choice to ignore the entire Kardashian enterprise and their constant and often faux drama (except that I have occasionally mocked the Kardashians in my law school…

Tweet Containing Question Mark Isn't Defamatory--Boulger v. Woods

Tweet Containing Question Mark Isn’t Defamatory–Boulger v. Woods

In 2016, the Chicago Tribune published a photo of a woman giving a Nazi salute at a Trump rally. Twitter user @voxday wrongly identified the plaintiff as that woman. Shortly afterwards, actor James Woods, who then had 350,000 twitter users,…

2H 2018 Quick Links, Part 6 (IP, E-Commerce, Censorship, & More)

Intellectual Property * Daniel v. FanDuel (Ind. Oct. 24, 2018): “online fantasy sports operators that condition entry to contests on payment and distribute cash prizes do not violate the Indiana right of publicity statute when those organizations use the names, pictures,…

When a $1M+ Publicity Rights Damages Award Isn’t a Win–Olive v. GNC

This case provides a fascinating look into the rough-and-tumble world of publicity rights damages. It raises the philosophical, and intensely practical, question of just how much a face is worth. The answer: a lot, but not nearly as much as…

Google Photos Defeats Privacy Lawsuit Over Face Scans--Rivera v. Google

Google Photos Defeats Privacy Lawsuit Over Face Scans–Rivera v. Google

This case provides a glimpse into the legacy of the Supreme Court’s Spokeo decision on the injury-in-fact requirements for Article III standing in federal court. When it was issued, I called Spokeo a “jurisprudential clusterfuck.” Indeed, the subsequent caselaw has been…

The Ongoing Saga of the Florida Bar’s Angst About Competitive Keyword Advertising

In August, I reported on the Florida Bar’s continued angst about regulating competitive keyword advertising by lawyers. Read my post, “The Florida Bar and Competitive Keyword Advertising: A Tragicomedy (in 3 Parts),” for the full background. The short story is…

Another Section 512(f) Case Fails–ISE v. Longarzo

This ruling doesn’t break a lot of new doctrinal ground. Another 512(f) case fails–nothing new. I’m blogging mostly for completeness and as a follow up to my May post remarking that a 512(f) case survived a motion to dismiss. At…

2H 2017 & Q1 2018 Quick Links, Part 1: Copyright, Trademarks, Keyword Ads

[As you can tell, my ability to prepare these Quick Links posts has degraded substantially…better late than never?] Copyright * The Executive Corp. v. Oisoon, LLC, 2017 WL 4310113 (M.D. Tenn. Sept. 28, 2017). A default judgment: “A section 1202(b)(1)…