2H 2020 Quick Links, Part 2 (Section 230)

* Griffin v. Google, 2020 WL 6781624 (S.D. Ga. Nov. 18, 2020). “Plaintiff only alleges these Defendants failed to screen to make sure their users were legal entities without providing any other basis for liability….Aside from some very limited exceptions,…

* UMG Recordings v. RCN Telecom Services, LLC, 3:19-cv-17272-MAS-ZNQ (D.N.J. Aug. 31, 2020): Plaintiffs have made allegations sufficient to satisfy the knowledge requirement at the pleading stage. As to actual knowledge, Plaintiffs aver that the five million notices sent to…

This is another Amazon marketplace hoverboard case. The majority summarizes its conclusion: While Amazon provides a website for third-party sellers and facilitates sales for those sellers, it is not a “seller” under Arizona’s strict liability law for the third-party hoverboard…

Google Isn't Liable for Allegedly Problematic Search Results--Diez v. Google

Diez claims to be a “naturist” (note: these facts are taken from Diez’s complaint). He conducted Google image searches for the keywords “family naturist females,” “family naturist girls,” “family nudist females,” and “family nudist girls.” [PLEASE DO NOT INDEPENDENTLY INVESTIGATE…

Domain Name Lawsuits Are Stupid (and the Initial Interest Confusion Doctrine Is Too)--Wooster Floral v. Green Thumb

This case concerns the domain name WoosterFloral.com. It was initially owned by Wooster Floral, a florist in Wooster, Ohio. However, in 2014, the owner wound down the business and didn’t renew the domain name. The store manager then bought out…

Jury Will Decide If Videogame Character Infringes a Wrestling Persona--GI Bro v. Call of Duty

The plaintiff is a wrestler, primarily known as Booker T. When he wrestles for WWE, he used the stage name G.I. Bro. There’s also a comic book line based on the G.I. Bro character. The defendant makes the Call of…

CDT Lacks Standing to Challenge Trump's Anti-230 Executive Order

In May, Trump issued an executive order designed to destroy Section 230 (EO 13925). Rather than actually work with Congress, Trump tried to amend 47 USC 230 only within the executive branch, which is largely a dead-end. I’m hoping Pres….

Yes, this is another defense-favorable fair use ruling produced by a Richard Liebowitz lawsuit. 🙏🙏🙏 The case relates to a construction site for a proposed new school, which may have sinkholes. This concern sparked substantial community debate. The plaintiff flew…

Can Influencers' Failure to Disclose Sponsorship Constitute False Advertising?--EIS v. WOW Tech (Guest Blog Post)

by guest blogger Prof. Alexandra J. Roberts This decision has everything—from sex toys with proprietary air pulse technology to Instagram influencers and Amazon astroturfing to illicit meetings inside the sauna of a well-known Las Vegas hotel.  Most exciting for this…

A Rare Case of a Judge Relying on the Initial Interest Confusion Doctrine (Boo)--Nike v. Warren Lotas

This case involves Warren Lotas sneakers that claimed to reinterpret one of Nike’s allegedly iconic sneaker stylings. The Fashion Law summarized the case, including this depiction: The sneaker similarities are obvious, which isn’t surprising because Warren Lotas styled its product…