University Rejection of Students’ Marijuana-Themed T-Shirt Violates First Amendment–Gerlich v. Leath
…for University Trademark Use by Student and Campus Organizations,” as approved by ISU’s Trademark Licensing Office. In 2012, the TM Office approved this design by the ISU NORML student chapter…
Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v. Amazon
…result, it’s weird, or perhaps nonsensical, to say that the word “Ingrass” is third party content for Section 230 purposes. Federal Trademark Secton 230 doesn’t preempt federal trademark claims, so…
2H 2016 Quick Links, Part 10 (Marketing, Uber, Airbnb, Taxes & More)
Marketing/Advertising * Danny Sullivan: Facebook’s racial targeting isn’t new, bad or always illegal despite renewed attention * In re Sling Media Slingbox Advertising Litigation (SDNY Aug. 12, 2016). Sling isn’t…
Ten Worst Section 230 Rulings of 2016 (Plus the Five Best)
…well, such as user comments on message boards or online marketplace operator liability, rulings this year provided plaintiffs/regulators with powerful tools to undermine the immunity. As bad as 2016 was,…
2H 2016 Quick Links, Part 3 (Trademarks and Domain Names)
…that Professional Exteriors infringed two registered service marks. Cedar Valley’s service marks are highly unusual in two respects: First, both marks are for a color–specifically, the color orange. And second,…
Plaintiffs’ Law Firm Can Reference Targeted Business’ Name In Ad Copy–McHugh Fuller v. Pruitt
…abuse and death at its nursing homes. Citing tarnishment, Pruitt sued McHugh Fuller for trademark dilution under Georgia’s state trademark law. The trial court enjoined the ad. For reasons that…
Court Rejects Effort to De-Index Search Results–Manchanda v. Google
…claim for infringement where, as here, the use of a mark is for the purpose of identifying the markholder. Because Manchanda has failed to allege the use of his marks…
Backpage Can’t Challenge the SAVE Act–Backpage v. Lynch
…do so without any First Amendment protection. Backpage argued that it has won First Amendment cases before, including the Dart, McKenna and Cooper cases, but the court distinguishes those: Backpage.com…
Google Loses Two Section 230(c)(2) Rulings–Spy Phone v. Google and Darnaa v. Google
…trademark law weaponizes descriptive terms like this. Armed with a trademark, the plaintiff successfully demanded that Google remove similarly named apps from Google Play. Eventually, the tides turned against the…
Celebrating Judge Ronald Whyte’s Contributions to Internet Law
…Judge Whyte Some of the other comments from the day-long symposium (as usual, this recap generally includes paraphrases, not exact quotes. Check the recording for exact quotes): Mark Lemley: Judge…