Story Byline May Affect Section 230 Immunity--AdvanFort v. Maritime Executive

I previously blogged this case in May. The underlying facts involve the arrest and ultimate release of a ship’s crew that was armed to combat piracy. I’ll focus just on the Section 230 issue. A person involved in the underlying…

Federal Trade Secret Bill Re-Introduced--And It's Still Troublesome (Guest Blog Post)

You may recall my prior coverage of Congress’ efforts to enact a new federal trade secret cause of action. The Defend Trade Secret Act has been reintroduced to Congress and it deserves your attention. If enacted, it would be among the most…

AARP Defeats Lawsuit for Sharing Information With Facebook and Adobe

Plaintiff sued AARP alleging that AARP violated its privacy policy (link to policy effective April 2015) by allowing Adobe and Facebook to collect PII about plaintiff. The court says there’s not a sufficient allegation of violation of AARP’s privacy policy…

What's Worse Than Cleaning Up A Meth Lab? A Trademark Injunction Against Using "Meth Lab Cleanup" In Metatags

Opinions like this make me really crank-y. The litigants compete in the meth lab cleanup business. The plaintiff has registered trademarks for “Meth Lab Cleanup LLC.” Right away, we already know that weaponizing highly descriptive terms like that can cause…

9th Circuit Rejects VPPA Claims Against Netflix For Intra-Household Disclosures

Plaintiffs sued Netflix under the Video Privacy Protection Act for Netflix’s display of a subscriber’s queue and recommendation list on televisions connected to the subscriber’s account. In other words, if a household is sitting around in front of a television that accesses someone’s…

Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership

When is it appropriate to send copyright takedown notices in the midst of an underlying battle over who owns the copyright? This issue is coming up with increasing frequency, as takedown notices can create more battlefronts for the parties to…

Is Amazon Liable For IP Violations By Its Marketplace Vendors? (Forbes Cross-Post)

Animal-shaped pillows are cute and fluffy, except when they spur litigation. Recently, the Milo & Gabby brand sued Amazon for IP infringement because merchants allegedly sold knockoffs of its “Cozy Companion Pillowcases.” Amazon has successfully avoided IP liability for its…

If You're Going To Incorporate Online T&Cs Into a Printed Contract, Do It Right--Holdbrook v. PCS

The plaintiff runs a pediatric dentistry. It retained defendant PCS to provide cloud services. The dentistry alleges that PCS subsequently locked it out of the cloud services improperly. The dentistry sued PCS for the lockout, and PCS sought to arbitrate…

Seventh Circuit: Data Breach Victims Have Standing Based on Future Harm

Plaintiffs sued Neiman Marcus on behalf of a putative class alleging claims arising out of a 2013 data breach. Neiman Marcus informed its customers (in 2014) that an attack had occurred and 350,000 cards had been exposed. Neiman Marcus first…

Are You Smarter Than a 2L? (Internet Law Edition)

I created a small number of multiple-choice review questions for the 2015 edition of my Internet Law casebook. Over time, I plan to add many more questions, so this is just a tentative start. Still, for your fun and amusement,…