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…

Plaintiff's Location-Based Privacy Claim Against BART Reporting App Fails

Plaintiff’s Location-Based Privacy Claim Against BART Reporting App Fails

In Moreno v. S.F. Bay Area Rapid Transit District, the plaintiff sued BART and Elerts Corporation for allegedly violating several California privacy statutes and infringing plaintiff’s common law and constitutional privacy rights. The court rejects the claims. BART, in cooperation…

Is Wikileaks Protected by Section 230? The Trump Campaign Thinks So

Is Wikileaks Protected by Section 230? The Trump Campaign Thinks So

[It’s impossible to blog about Section 230 without reminding you that it remains highly imperiled.] In Cockrum v. Donald J. Trump for President (see the amended complaint), the Trump campaign is being sued for allegedly colluding with Wikileaks and the Russians…

Homeowners Can’t Sue Over Low Zestimates–Patel v. Zillow

Have you ever looked at Zillow’s zestimate for your residence? I treat zestimates as entertainment more than truth, much like going to an astrologer. But if the zestimate is way below a property’s listing price, that’s going to spook some…

Facebook Defeats Lawsuit Over Failure to Remove User Pages–Cross v. Facebook

[It’s impossible to blog about Section 230 without reminding you that Congress is on the cusp of gutting it.] The principal plaintiff, performer Mikel Knight, was the subject of critical Facebook posts related to two fatal accidents by his tour…

1H 2017 Quick Links, Part 1 (Trademarks, Keyword Ads)

Trademark * Viacom Int’l Inc v. IJR Capital Investments LLC, 2017 WL 107141 (S.D. Tex. Jan. 11, 2017): “Because “The Krusty Krab” is a recurring element of the “SpongeBob SquarePants” show, the court finds that the mark is eligible for…

You Can't Be Fired For a Facebook Post Calling Your Boss a "LOSER"--NLRB v. Pier Sixty

You Can’t Be Fired For a Facebook Post Calling Your Boss a “LOSER”–NLRB v. Pier Sixty

This is a Facebook firing case. The employee worked at Pier Sixty, which operated a catering company in New York. In early 2011, its employees became involved in a union organizing campaign, ultimately voting to unionize. Hernan Perez worked as…

New Draft Article: “Judicial Resolution of Nonconsensual Pornography Dissemination Cases”

I’ve posted to SSRN a new article titled Judicial Resolution of Nonconsensual Pornography Dissemination Cases. I co-authored it with Angie Jin, a recent Cornell Law alum. The paper is in draft form, and we would gratefully welcome your comments. The…