Blogiversary: Guest Bloggers of the Technology & Marketing Law Blog (Part 8 of 10)
…First Amendment Limits Trademark Rights, But How? – Jack Daniel’s v. Bad Spaniels, Technology & Marketing Law Blog (April 3, 2023); Guest Blog Post, Trademark Registration of Political Messages for…
2024 Internet Law Year-in-Review
…limits would be impermissible censorship. Meanwhile, Twitter’s marketplace decline has demonstrated (once again) that market mechanisms–including users and advertisers voting with their “feet”–still carry a potent sting online. Seeing X/Twitter’s…
Thumbs-Up Emoji Formed Binding Sales Contract in Canada–Achter v. South West Terminal
…as the maker of the mark and communicate his agreement to the contract. His text message therefore signed the contract as surely as if he had printed the photograph that…
Amazon Must Defend “Yelp Law” Claim–Ramos v. Amazon
…or a colloquial sense? If it’s in the trademark sense, then it doesn’t restrict consumers’ reviews at all because such reviews don’t “use” the trademark (i.e., the not-as-a-mark doctrine). The…
Section 230 Immunizes OnlyFans for User-Uploaded Video–Doe v. Fenix
…turn focused on sexually exploiting “drunk girls,” “stupid college girls,” “freaky girls,” and so forth; (b) displayed a check mark next to Romelus’ name showing that he was “verified” and…
Ninth Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Ads–Lerner & Rowe v. Brown Engstrand
…trademark in the ad copy, not the plaintiff’s, so the marks were dissimilar. Intent. The trademark owner “failed to distinguish between an intent to deceive and an intent to compete.”…
Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising–1-800 Contacts v. Warby Parker
…Mark Similarity. The court doesn’t compare the trademark to the purchased keyword: “although the marks Warby Parker purchased at auction for use as keywords are identical to 1-800’s Marks, this…
Catching Up on Two Keyword Ad Cases
…sells chrome paint. Walmart doesn’t carry the trademark owners’ items. In searches for the trademarks in Walmart’s internal search engine, Walmart only shows unrelated items–not items from the trademark owner…
Five Decisions Illustrate How Section 230 Is Fading Fast
…choices for the Grindr app; placed the Grindr app into the stream of commerce; distributed the Grindr app in the global marketplace; marketed the Grindr app; and generated revenue and…
Internet Law Professors Submit a SCOTUS Amicus Brief on Online Age Authentication–Free Speech Coalition v. Paxton
…Robert A. Heverly (Albany Law School), Jane Kirtley (University of Minnesota – Twin Cities – Hubbard School of Journalism and Mass Communication), Mark Lemley (Stanford Law School), David S. Levine…