Internal Search Results Aren't Trademark Infringing--PEM v. Peninsula

This is a case involving a trademark owner and a competitive keyword advertiser. The trademark owner memorably (and ridiculously) characterized the rival as engaging in “keyword conquesting,” a term I encourage you never to use. The court already sent that…

Judge Rejects a Motion With the "Exploding Head" Emoji--DePietro v. Levitt

This is a class-action employment lawsuit. The parties settled and sought judicial approval of the settlement terms and associated attorneys’ fees. They didn’t get the approval. The judge balks at several terms of the settlement, including the attorneys’ fee request….

A Judge Enumerates a SAD Scheme Plaintiff's Multiple Abuses, But Still Won't Award Sanctions--Jiangsu Huari Webbing Leather v. Schedule A Defendants

This is a SAD Scheme case. The plaintiff, Jiangsu Huari Webbing Leather, owns U.S. Patent No. 11,478,673 for an outdoor exercise product (“a rectangular-shaped buckle-and-belt mechanism, embodied in a Hanging Exercise Product that is sold online”). The plaintiff sued 163…

Why Online Marketplaces Don't Do More to Combat the SAD Scheme--Squishmallows v. Alibaba

This appears to be a SAD Scheme case involving Squishmallows, a stuffed animals brand. The brand owner, Kelly Toys, sued 90 e-commerce merchants in a sealed complaint and got a TRO. For unclear reasons, Kelly Toys expanded the litigation to…

Grindr Defeats FOSTA Claim--Doe v. Grindr

This case (like many I’m covering nowadays) involves heartbreaking facts, but from a legal standpoint, it was never meritorious. Doe created a Grindr account at age 15 (Doe claimed he was 18). He matched with 4 men. “Doe met each…

* For over a decade, I’ve implored people to stop using the term “Soft IP.” Amanda Levendowski now provides another reason: the term has problematic gender implications. * After II Movie, LLC v. Grande Communications Networks, LLC, 2023 WL 1422808…

2023 Quick Links: Section 230

[My Quick Links publication process is broken. Once-a-year postings aren’t very useful LOL.] * Palmer v. Savoy, 2021 N.C. Super. LEXIS 236 (N.C. Superior Ct. July 28, 2021). Snap qualified for Section 230 protection despite the plaintiffs’ invocation of the Lemmon design…

Many Fifth Circuit Judges Hope to Eviscerate Section 230--Doe v. Snap

I previously covered the district court ruling in this case. I summarized: A high school teacher allegedly used Snapchat to groom a sophomore student for a sexual relationship. (Atypically, the teacher was female and the victim was male, but the…

Twitter Defeats FOSTA Case Over CSAM--Doe v. Twitter

This is a FOSTA case. All FOSTA cases are very complicated. (Indeed, almost all of the opinion is spent explaining the background). If you’re new to FOSTA cases and you are baffled by the layers of inferences and arguments here,…

Advertiser Can't Force Facebook to Run Sex Product Ads--Strachan v. Facebook

Strachan created various Facebook pages and an advertising account. “In April 2020, Facebook cancelled Strachan’s advertising account and removed his advertising content from the platform.” Allegedly, Facebook “determined he was selling ‘Adult Services and/or Products,’ i.e., ‘sex products.’” To make…