How Will the Digital Services Act (DSA) Affect the European Internet?

I expect the Digital Services Act (DSA) to be one of the most consequential regulations of the Internet. Yet, I have so far avoided blogging the DSA because it’s so overwhelming and complex. Its breathtaking/mind-numbing scope and detail reminds me…

Amazon Isn’t Liable for Selling Suicide "Kits"—McCarthy v. Amazon

This case involves the tragic suicide of two teenagers, both of whom died by consuming sodium nitrite they purchased from a third-party Amazon merchant (Loudwolf). Sodium nitrite has several socially beneficial commercial uses, including being used (in small quantities) as…

European IP Office Denies Trademark Registration for "I Love You" Emoji 🤟

The EU IPO denied a trademark registration for the following symbol in various real estate-related classes: The trademark examiner determined that the symbol means “I love you” in American Sign Language (ASL). The applicant argued that it was a different…

A Thumbs-Up Emoji Costs a Canadian Seller $82,000--South West Terminal v. Achter Land

[A special post for my Canadian friends as a belated celebration of Canada Day. 🍁] This case involves a Canadian transaction for flax. The court summarizes: Mr. Mickleborough had a contract drafted for Achter to sell SWT 86 metric tonnes…

Why I Oppose the California Journalism Protection Act (the Short Version)

I recently wrote a lengthy blog post explaining the many problems with the California Journalism Protection Act (JCPA), AB 886. I submitted a letter of opposition to the Senate Judiciary Committee with just some quotable lowlights. My letter: __ CJPA…

Revisiting Bananas, Duct Tape, Walls, & Copyright--Morford v. Cattelan

Among all of the fruits, bananas play an especially important role in copyright jurisprudence. For example, we must resolve when duct-taping a banana to a wall infringes copyright. The short answer should be “never.” That’s not exactly the answer a…

Uh-Oh, the Ninth Circuit Is Messing Again With Its Roommates Ruling--Vargas v. Facebook

The Roommates.com case plays a critical role in the Ninth Circuit’s Section 230 jurisprudence. The (unnecessarily confusing) majority opinion suggested several exclusions to Section 230’s immunity, including these statements: “If you don’t encourage illegal content, or design your website to…

It Turns Out You Can't "Sue the CDA"--Fyk v. US

Jason Fyk’s recent litigation campaign reminds me of the classic story Moby Dick, with Fyk in the Captain Ahab role and Section 230 as his white whale. The Netflix documentary of his story will be called “Moby Fyk.” In his…

California's Proposed Fix to the Journalism Crisis Is Unconstitutional and Worse Than Socialism (Comments on the California Journalism Protection Act, CJPA)

The California legislature is competing with states like Florida and Texas to see who can pass laws will be more devastating to the Internet. California’s latest entry into this Internet death-spiral is the California Journalism Protection Act (CJPA, AB 886)….

Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

By Guest Blogger Lisa P. Ramsey [Lisa P. Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine…