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
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 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
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
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
[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…