Second Circuit Tells Trademark Owners to Stop Suing Over Competitive Keyword Advertising–1-800 Contacts v. Warby Parker
…but this case is being resolved on a motion for judgment on the pleadings. Typically, a consumer survey would be introduced through an expert report, well after filing the complaint….
Five Decisions Illustrate How Section 230 Is Fading Fast
…Magistrate Judge Barksdale appears to be an Obama appointee). Because this is a magistrate report, it will be reviewed by the supervising judge. For all of its prolixity, it’s shockingly…
Record Label Sends Bogus Takedown Notice, Defeats 512(f) Claim Anyway–White v. UMG
…Owner Enjoined from Sending DMCA Takedown Notices–Biosafe-One v. Hawks * New(ish) Report on 512 Takedown Notices * Can 512(f) Support an Injunction? Novotny v. Chapman * Allegedly Wrong VeRO Notice…
Court Enjoins the Utah “Minor Protection in Social Media Act”–NetChoice v. Reyes
…cited the 2023 Surgeon General’s report, but the court says that report “offers a much more nuanced view of the link between social media use and negative mental health impacts…
Robert F. Kennedy Jr. Is Breaking Internet Law Faster Than I Can Blog It
…this opinion without any structural integrity. An example of the trash logic Doughty wields: [After summarizing a 2020 report, the “Long Fuse”:] The Court acknowledges that the Long Fuse report…
Ninth Circuit Enjoins Much of California’s Mandatory Editorial Transparency Law (AB 587)–X v. Bonta
…path, saying bluntly that “the Content Category Reports are not commercial speech.” The court explains that the reports “require a company to recast its content-moderation practices in language prescribed by…
Ninth Circuit Strikes Down Key Part of the CA Age-Appropriate Design Code (the Rest is TBD)–NetChoice v. Bonta
…The DPIA Requirement Facial Challenge The AADC requires many websites to prepare Data Protection Impact Assessment (DPIA) reports “identifying, for each offered online service, product, or feature likely to be…
A Report from the White House’s Inaugural “Creator Economy Conference” (Guest Blog Post)
by guest blogger Franklin Graves This week, I joined 100 other creators and creator economy professionals in attending the first ever White House Creator Economy Conference. The event, which I…
Section 230 Helps Substack Defeat a Defamation Claim–Smith v. Substack
This case involves the CancelWatch “blog” on Substack, which says: “We report the activists trying to ruin people’s lives and careers.” In July 2023, it made a post entitled “Oliver…
Google Can Terminate Account Based on CSAM Allegations–Baker v. Google
…to remove and report what might be CSAM and a user’s view that the CSAM characterization was overly cautious. Google’s discretion should prevail in court, but each choice creates legal…