2022 Internet Law Year-in-Review
…SAFE. A bill that sought to accelerate the demise of online marketplaces by creating a new and unmanageable species of contributory trademark liability. While SHOP SAFE would have quickly wiped…
2H 2022 Quick Links, Part 2 (Trademarks)
Trademark * Illinois’ Fair Food and Retail Delivery Act: “A third-party delivery service may not purchase or use the name, likeness, registered trademark, or intellectual property belonging to a merchant,…
Memes as Judicial Opinions–Courthouse News Service v. Forman
…9th Circuit). So while memes can be cute or fun, I hope judges will use them advisedly. This meme-slinging opinion author is Judge Mark E. Walker of the Northern District…
If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji GmbH v. Schedule A Defendants
…“Fire Emoji” in a crowded online marketplace. TRADEMARK INFRINGEMENT. 🔥] The court seemingly understands the problem perfectly. Any person looking at the listings in question would instantly interpret “emoji” as…
First Amendment Protects Videogame’s Depiction of Tractor’s Trade Dress–Saber v. Oovee
…claims. Note the unusual posture of this lawsuit: the plaintiff is a videogame manufacturer suing another videogame manufacturer for violating the rights of a third-party trademark owner, creating the possibility…
Griper’s Keyword Ads May Constitute False Advertising (Huh?)–LoanStreet v. Troia
…Just referencing a trademark on the Internet does not support a trademark claim, full stop. The “interference” part is also wrong, or should be. The court cites a mix of…
Another Tough Ruling for People Search Databases–Camacho v. Control Group Media
…Defendants’ services I think this is true, but note that it may be impossible to market the database without providing an explanation of what it contains. That’s why, for example,…
More Evidence of the CFAA Post-Van Buren/hiQ Jurisprudential Anarchy (Guest Blog Post)
…I-10, the District Court of Arizona reached a similar conclusion in the matter of Mark Alan Greenburg v. Amanda Wray, 2022 WL 2176499 (D. Ariz. June 16, 2022). This is…
Ninth Circuit: Elected Officials Violated the First Amendment by Blocking Constituents on Social Media–Garnier v. O’Connor-Ratcliff
…PUSD Board.” “Both Trustees actively solicited constituent input about official PUSD matters, including encouraging constituents to mark their calendars for upcoming Board meetings, to fill out surveys relating to Board…
1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v. Warby Parker
…the court to use this factor. Mark strength. Shockingly, the court says 1-800 Contacts has an inherently distinctive mark (suggestive) that’s strong. IT’S A FUCKING PHONE NUMBER THAT INCLUDES THE…