Court Allows “Battery by GIF” Claim to Proceed–Eichenwald v. Rivello
…‘Badass Lawyer’ Loses Lawsuit Over Parody Twitter Account–Levitt v. Felton Marquette University’s Troubling Report on Faculty Blogger (Guest Blog Post) Courtney Love Defeats Twibel Claims–Holmes v. Love High Schooler’s “Murder”…
Who Needs a Copyright Small Claims Court? Evidence from the U.K.’s IP Enterprise Court (Guest Blog Post)
…in court”), others have expressed concerns (summed up nicely in the recently–released report of the BCLT–Hastings workshop on this topic) that such a tribunal could be gamed to impose disproportionate…
Bittersweet DMCA Safe Harbor Defense Win in Ninth Circuit–Ventura v. Motherless (Catch-Up Post)
…infringing because of their production values. “An ordinary person who had not studied movie-making and personally made movies would likely be oblivious to the professionalism that the expert report identifies….
A DMCA Section 512(f) Case Survives Dismissal–ISE v. Longarzo (Catch-up Post)
…Hawks * New(ish) Report on 512 Takedown Notices * Can 512(f) Support an Injunction? Novotny v. Chapman * Allegedly Wrong VeRO Notice of Claimed Infringement Not Actionable–Dudnikov v. MGA Entertainment…
Conference on IP Enforcement at Trade Shows, UNLV, October 4, 2018 (Guest Blog Post)
…A 2016 Bloomberg video report illustrates the IP action that might take place at a trade show; the video shows U.S. federal marshals enforcing a temporary restraining order (“TRO”) issued…
Airbnb Defeats Race Discrimination Claims–Harrington v. Airbnb
…supervising judge approved the magistrate’s report. The plaintiff explained that she had actually suffered discrimination because Airbnb didn’t change its policies (in response to her demand) to reduce discrimination. She…
‘Worst of Both Worlds’ FOSTA Signed Into Law, Completing Section 230’s Evisceration
…Section 230 based on the facts adduced in the Senate investigative report. As confirmation of this, in the few days since the Senate’s approval of FOSTA, TWO courts have held…
2H 2017 & Q1 2018 Quick Links, Part 3: Section 230, Consumer Reviews
…288 Or. App. 729 (Nov. 8, 2017): “a reasonable factfinder could conclude that the two statements at issue in defendant’s Ripoff Report posting—that “Chiefaircraft.com Has so many chargebacks on their…
2H 2017 & Q1 2018 Quick Links, Part 1: Copyright, Trademarks, Keyword Ads
…this point in his objections to the Report. Obj. at 12 (“the initial diversion … is the ‘actual confusion’ here.”). Initial interest confusion “arises when a consumer who searches for…
District Court Ruling Highlights Congress’ Hastiness To Pass ‘Worst of Both Worlds FOSTA’– Doe 1 v. Backpage
…denied Backpage Section 230 protection for a state criminal prosecution over money laundering. Plus, the Senate Investigative Report from January 2017 exposed a number of facts that could undermine Backpage’s…