11th Circuit Rejects Keyword Advertising Liability–Deltona v. NOCO
…Ad Restrictions * 1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. 1-800 Contacts * FTC Explains Why It Thinks 1-800 Contacts’ Keyword…
U.S. Supreme Court Narrows Secondary Liability in Copyright Law–Cox v. Sony (Guest Blog Post)
…the time of trial, there were only about 800,000 VCRs in the United States; but by the time the case reached the Supreme Court (it was argued in January 1983),…
Does 512(f) Apply Differently to Counternotices Compared to Takedown Notices?
Executive Lens LLC v. Rapkin, 2026 WL 776965 (N.D. Cal. March 19, 2026) “Plaintiff is the sole owner of the copyrights in the videos published on the YouTube channels ‘Denver…
Another Reminder: Lawsuits Over Competitive Keyword Ads Are Stupid
…Antitrust Win Against 1-800 Contacts’ Keyword Ad Restrictions * 1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. 1-800 Contacts * FTC Explains…
A First-Hand Look at the Messy Underbelly of DMCA 512(c) Takedowns
From 2009-2013, I used Scribd as my primary hosting service. I posted nearly 800 files there over a roughly four year period. Progressively, I became disenchanted with Scribd, including their…
Another Confusing Internet Jurisdiction Opinion (This Time, from the 1st Circuit)–Stokinger v. Armslist
…(2) purposeful availment, and (3) reasonableness: The relatedness prong requires that each claim “directly arise[] out of or relate[] to” the defendant’s contacts with the forum state. The purposeful-availment prong…
Schedule A: Ten Notable Developments in 2025 (Guest Blog Post)
…just the NDIL. Judge Ranjan’s standing order, discussed above, also specifically mentions Rule 11 (“[T]o satisfy Rule 11, the complaint must plausibly plead allegations of personal jurisdiction, including contacts with…
The Initial Interest Confusion Doctrine Refuses to Die
…completed as a result of the confusion.” [1-800 Contacts v. JAND]…In order to sufficiently demonstrate internet-related initial-interest confusion, the Second Circuit also requires a plaintiff to prove intentional deception by…
District of New Jersey Adopts SAD Scheme Standing Order
…standard SAD Scheme allegations of personal jurisdiction: To satisfy Rule 11, the complaint must plausibly plead allegations of personal jurisdiction, including contacts with the forum if specific jurisdiction is invoked….
Court Rejects Initial Interest Confusion Claims for Competitive Keyword Ads–Regalo v. Aborder
…From FTC’s Antitrust Win Against 1-800 Contacts’ Keyword Ad Restrictions * 1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. 1-800 Contacts *…