1-800 Contacts Charges Higher Prices Than Its Online Competitors, But They Are OK With That–FTC v. 1-800 Contacts

…the agreements were in place.” Howard Hogan Expert Report To my knowledge, the expert reports have not been publicized released as a group. Nevertheless, the FTC attached the Hogan and…

Lawsuit Against Ripoff Report Dropped After Discovery–Vision Security v. Xcentric (Guest Blog Post)

…citable opinion, I think it’s useful “precedent” nonetheless.] Last year, a Utah federal court dismissed a defamation case brought against the popular consumer-review website www.ripoffreport.com (“Ripoff Report”) after the plaintiff…

To Geoblock, or Not To Geoblock – Is That Still a Question? (Guest Blog Post)

…see also an Australian government committee report from 2016 here urging its government to “clarif[y] the law on geoblocking,” and my 2012 call to address geoblocking and its circumvention here)….

Catching Up On Some Recent Click Fraud Rulings

…Ads Manager that shows customers the number of website clicks generated from the ads customers place with it. Google has a similar tool called Google Analytics, which tracks and reports…

Dozen Amicus Briefs Oppose the Worst Section 230 Ruling of 2016 (and One Supports It)–Hassell v. Bird

…the TJ Center and Katie Townsend, Bruce Brown, Gregg Leslie, and Ariel Glickman of RCFP. * Amicus Brief: Ripoff Report. By David Gingras of Gingras Law and Anette Beebe of…

FTC Explains Why It Thinks 1-800 Contacts’ Keyword Ad Settlements Were Anti-Competitive–FTC v. 1-800 Contacts

…that consumers searching for 1-800 Contacts only wanted to find it. I’d love to see the report too. The FTC raised numerous challenges to the report. Google as Victim. The…

Trademark Lawsuit Claiming Organic Search Results Create Initial Interest Confusion Falls Apart–Larsen v. Larson

…his report. I was asked to prepare a report rebutting Kent’s report (rather than prepare my own standalone expert report). Read my rebuttal report. As you know, expert reports become…

WARNING: Draft “No Immunity for Sex Traffickers Online Act” Bill Poses Major Threat to Section 230

…business around online prostitution ads. Backpage’s exit came immediately following the release of a staff report by the Senate Permanent Subcommittee on Investigations, with the give-away-the-ending title: Backpage.com’s Knowing Facilitation…

New Essay: Understanding the Consumer Review Fairness Act of 2016

…from reporters. Though the law’s objective is easy to state, it has a number of moving parts that cut across multiple legal disciplines, so explaining the whole story to reporters…

Revisiting If Suing Bloggers For Copyright Infringement Can Be Profitable–BWP v. Mishka

…clear why the supervising judge hasn’t acted on the magistrate’s uncontested report. Assuming the supervising judge approves the report, the plaintiff will get a total of $7,900 from this case…