Copyright * Wallster, Inc. v. Redbubble, Inc., 2022 U.S. Dist. LEXIS 198181 (C.D. Cal. Oct. 21, 2022): this Court rejects Wallshoppe’s argument that recklessness is enough to meet the knowledge requirement for contributory copyright infringement… Wallshoppe alleges Defendant has a…
Trademark * Illinois’ Fair Food and Retail Delivery Act: “A third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant, and may not take or arrange for the pickup or…
The Supreme Court’s Mahanoy decision left many issues for the lower courts to resolve about when schools can discipline students for social media posts. This opinion from the Ninth Circuit starts to fill in some of the gaps. The case…
Coinbase launched “Dogecoin promotion” sweepstakes in 2021. Users sued Coinbase and its marketing agency, asserting claims under state law. Coinbase sought to send the case to arbitration, but there was a possible conflict in the governing TOSes. Coinbase’s standard terms…
Marketing * FTC cracks down on live reads on the radio. * NY Times: Meta Agrees to Alter Ad Technology in Settlement With U.S. * Comcast v. Comptroller, No. C-02-cv-02-10509 (Md. Cir. Ct. Oct. 21, 2022). Court strikes down Maryland’s…
In September, I attended Trustcon, the first annual membership conference for the Trust & Safety Professional Association (TSPA), followed by Stanford Internet Observatory’s first Trust & Safety Research Conference (co-sponsored by the Trust & Safety Foundation). For more on Trustcon,…
This is a consumer protection lawsuit against FitBit, now owned by Google. Google sought to send the case to arbitration based on the TOS provisions. The court sees this as a simple formation question because FitBit used a “clickwrap” (i.e.,…
I previously described the case: Twitter suspended Huber pursuant to its COVID misinformation policy. Huber claimed that Twitter took that action in league with the Biden administration. If this setup sounds familiar, that’s because at least a dozen cases riff…
Editorial transparency is generating lots of legal activity. This post rounds up some recent developments. NetChoice v. Moody As expected, both sides appealed the 11th Circuit’s NetChoice v. FLA ruling to the US Supreme Court. Florida appealed the censorship provisions….
This is a rape case. Law enforcement found the following items on the defendant’s phone (warning–explicit and offensive descriptions): three photos with accompanying text, which the State argued expressed “the idea that a male has a right to have sexual…