An Update on the Constitutional Court Challenge to FOSTA--Woodhull Freedom v. US (Guest Blog Post)

by guest blogger Alex F. Levy Following the initial filings in Woodhull v. Sessions (summarized here), defendants filed a combined opposition to the motion for preliminary injunction and motion to dismiss (Dkt #16) on July 12th, 2018. Plaintiffs then filed…

The California Consumer Privacy Act Should Be Condemned, Not Celebrated (Cross-Post)

[I initially published this with the IAPP. They are the ones that chose “CaCPA” over “CCPA.”] For years, many privacy professionals yearned for a comprehensive U.S. privacy law. So when California enacted the California Consumer Privacy Act, a comprehensive privacy…

The Florida Bar and Competitive Keyword Advertising: A Tragicomedy (in 3 Parts)

In the late 2000s, keyword advertising was one of Internet Law’s hottest topics. Now, not so much. Relatively few lawsuits are filed; they rarely last long in court; and most trademark owners have moved on. But in the Florida Bar,…

A Cautionary Tale of Sarcasm in Social Media--Ross v. City of Jackson

An unspecified Facebook friend of Ross posted a meme that was something like this: Ross favors gun control. He replied with a comment: “Which one do I need to shoot up a kindergarten?” Perhaps feeling satisfied that he had won the…

GoDaddy & Instagram Avoid Liability for Users' Photos of Knockoff Goods--Franklin v. X Gear 101

The plaintiff owns copyright and trademark registrations in a bear logo. He claims a defendant created a similar-looking bear logo and marketed goods using that logo:   I’ll focus on the court’s treatment of plaintiffs’ claims against GoDaddy and Instagram….

A First (But Very Incomplete) Crack at Inventorying the California Consumer Privacy Act's Problems

If you haven’t seen it, I summarized the California Consumer Privacy Act in a 3,000 word primer.  If you aren’t familiar with the law, read that first. This post addresses the law’s multitudinous errors and major ambiguities. The list in this…

Announcing the 2018 Edition of My Internet Law Casebook

I’m pleased to announce this year’s edition of my Internet Law casebook, Internet Law: Cases & Materials. It’s available for sale as a PDF at Gumroad for $10, as a Kindle book for $9.99, and in hard copy at Amazon…

Advertiser's Suit Against Google Loses for Third (and Final) Time--Abid v. Google

I previously described this case: “Abid markets cancer-curing honey. He bought AdWords to promote his MightyHoney website. Google rejected the ads.” The court has dismissed this pro se lawsuit twice already, each time without prejudice. Prior blog posts from April…

Unlinked Webpage Doesn't Support Trademark Infringement--Nelson-Ricks v. Lakeview

A now-defunct cheese company owned two brands, “Banquet” and “Nelson Ricks Creamery.” The defendant bought the Banquet brand and associated website, plus it got a limited license to use the Nelson Ricks Creamery brand. The plaintiff bought the Nelson Ricks…

Businesses Cannot Contractually Ban “Abusive” Consumer Reviews

An article recently posted to SSRN argues that the Consumer Review Fairness Act (CRFA) purportedly lets businesses contractually ban “abusive” reviews. If this is correct, it could affect millions of businesses and hundreds of millions of consumers. However, the article’s…