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…
Trump’s Tweet Infringed the Song “Electric Avenue”–Grant v. Trump
…the Composition, can be heard starting at the 15-second mark and continuing for the duration of the video. Scavino testified that he saw the Video on a Trump supporter’s social…
Section 230 Preempts Two More Harassment Lawsuits
…with predictable (non)results. He claims the false info ruined his career and marriage and led to other deleterious consequences. Trademark. “A defendant does not “use” a plaintiff’s mark to [infringe]…
Heightened Constitutional Scrutiny is Not Required for Content-Based Trademark Registration Laws That Are Viewpoint-Neutral—Vidal v. Elster (Guest Blog Post)
…to trademark registration and enforcement laws. For a detailed discussion of the facts of this trademark dispute, see my spring 2023 guest post on the Technology & Marketing Law Blog…
Plaintiffs Lack Standing to Sue Over Government Jawboning When Their Evidence is Based on Vibes–Murthy v. Missouri
…from civil liability for content they spread. They are vulnerable to antitrust actions; indeed, Facebook CEO Mark Zuckerberg has described a potential antitrust lawsuit as an “existential” threat to his…