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…
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…
As requested by the Trump anti-Section 230 Executive Order from May, NTIA submitted a 57 page petition to the FCC asking the FCC to make rules interpreting Section 230. The FCC, in turn, has put the petition out for public…
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…
By Guest Blogger Tyler Ochoa In Sohm v. Scholastic, Inc., 959 F.3d 39 (2d Cir. 2020), a Second Circuit panel held that “the discovery rule applies for statute of limitations purposes in determining when a copyright infringement claim accrues under the…
[February 8, 2022 update: EARN IT is back and worse than ever. The current draft has an inferior version of the Leahy Amendment. Otherwise, this post remains current.] I previously blogged the EARN IT Act (S.3398) in February and March….
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…
This post will be unusually blunt about my disenchantment with the state of our country, a topic I don’t normally discuss on the blog. Some of you will not like this post. I expect my next post will feel more…
Elizabeth Banker of the Internet Association has posted “A Review Of Section 230’S Meaning & Application Based On More Than 500 Cases.” This complements Prof. David Ardia’s comprehensive empirical study of Section 230 caselaw from a decade ago. It’s great…
Steadfast operates data centers. Imagebam is one of its customers. Imagebam provides image hosting services. Allegedly, Imagebam has “become an unauthorized hub of copyrighted adult material.” ALS Scan, which owns many copyrights in pornographic works, sent Steadfast DMCA takedown notices…