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)…

Realistic Docudramas Don't Violate California Publicity Rights--deHavilland v. FX

Realistic Docudramas Don’t Violate California Publicity Rights–deHavilland v. FX

By Guest Blogger Tyler Ochoa Last week, the California Court of Appeal ordered the dismissal of a right of publicity and false-light privacy lawsuit brought by legendary actress Olivia de Havilland  against FX Networks over the depiction of her in…

Lindsay Lohan Loses Publicity Rights Case Over Grand Theft Auto--Lohan v. Take-Two

Lindsay Lohan Loses Publicity Rights Case Over Grand Theft Auto–Lohan v. Take-Two

Lindsay Lohan is the new spokesperson for Lawyer.com, and boy is she qualified to talk about that subject! Her litigiousness should have earned her a street JD. Sadly, though, her voluminous experience with the law hasn’t adequately sharpened her legal acumen, and…

Twitter Defamation Claim Defeated by a Question Mark--Boulger v. Woods

Twitter Defamation Claim Defeated by a Question Mark–Boulger v. Woods

This is a defamation lawsuit brought against James Woods by a woman (Portia Boulger) who was wrongly identified as a Nazi supporter online. In March, candidate Trump had a rally in Chicago. The Tribune posted a photo of a woman…