California Moving To Protect Consumer Reviews--AB 2365 (Forbes Cross-Post)

Consumer reviews play a critical role in our marketplace today, and existing consumers can have significant influence over prospective consumers. Many businesses have accepted this new competitive reality, but not all. For example, some businesses ask their customers to contractually…

Another Attempt to Scrub Unflattering Posts Fails

This is another social media defamation case. (Last week’s edition: Another Questionable IP Lawsuit Over a Derogatory Twitter Account.) Plaintiffs were husband and wife. One of the plaintiffs (Hassan Miah) was involved in a business dispute involving a business he founded…

Keyword Advertising Doesn't Create General Jurisdiction--Rocke v. Pebble Beach

I know, Internet jurisdiction cases are typically blah, but this was more interesting than most. Still, I’ll keep this post brief. The Rockes visited the well-known Pebble Beach Resorts in California. Mrs. Rocke suffered a slip-and-fall there but sued the…

'Flash Sale' Website Defeats Class Action Claim With Mandatory Arbitration Clause--Starke v. Gilt

This is a straightforward ruling, but I liked it because it nicely illustrates what’s happening in the field and the courts right now. Gilt Groupe runs the “flash sale” website Gilt.com. I know some folks love these sites but I’ve…

A 'Juicy' Supreme Court Case On Food Labeling Regulation--Pom Wonderful v. Coca-Cola (Forbes Cross-Post)

[Note: I wrote this as a preview to the oral arguments at the Supreme Court. I wasn’t sure how to read the tea leaves from oral arguments, but Rebecca thinks the justices asked harder questions of Coca-Cola than of Pom.]…

Defendant Gets Attorneys' Fees For 'Frivolous' DMCA Copyright Management Information Claim

In March, a district court in Virginia examined in-depth the justifications for awarding attorney’s fees with respect to weak copyright and DMCA claims. Background Ross Builder and Boathouse Creek Graphics (BCG) are custom home designers. In 2010, Ross filed a…

Another Questionable IP Lawsuit Over a Derogatory Twitter Account

Uli Behringer is the the CEO of “Music Group,” a company I had not heard of prior to this lawsuit. Apparently ticked off at the antics of “@NotUliBehringer” and “@fakeuli,” Behringer and his company tried to get Twitter to take…

Siblings Use Publicity Rights To Try To Block Sister From Blogging About Mom--In re Reynolds

For lawyers, family feuds are gold. There’s nothing quite as vituperative as family members squabbling in court. For the lawyers, familial acrimony translates into irrational overspending on legal fees. Ca-ching! Today’s family feud involves a mom, Lois Reynolds, and her…

How To Get Your Clickthrough Agreement Enforced In Court--Moretti v. Hertz

So, by now, you know that if you want an enforceable online agreement, you need to implement it as a mandatory clickthrough. With that settled, it’s time to address an advanced topic: what evidence can you offer a judge to…

Minnesota Supreme Court Reverses Conviction for Assisting Suicide Online

This is a case involving some dark behavior by William Francis Melchert-Dinkel, who visited forums frequented by suicidal individuals and encouraged at least two people to commit suicide. In one case, a 32 year old from England hanged himself sometime…