It’s Hard for Parodic Products to Tarnish Famous Trademarks–Bad Spaniels v. Jack Daniel’s
The jurisprudence of parody dog toys and trademark dilution continues to grow. 📈 In this case, “JDPI argues that the Bad Spaniels toy dilutes its marks ‘by associating the famed…
11th Circuit Rejects Keyword Advertising Liability–Deltona v. NOCO
…to keyword ads and comparative advertising. Is “Battery Tender” Generic? The court says that the term “battery tender” isn’t inherently generic because (1) the USPTO registered the term, and “registration…
Ninth Circuit Lifts Restrictions on Agentic AI Accessing Amazon
…precedent and replaced it with a better one. And for that we can be thankful. * * * Eric’s Comments In the copyright module of my Internet Law course, I…
CJEU Judgment on Geoblocking & Standards for Knowledge of Foreign Copyright Laws and Geoblocking Measures (Guest Blog Post)
by Prof. Marketa Trimble UNLV Boyd Law School Last month, while sitting at Amsterdam’s Schiphol Airport, a passenger typed www.annefrankmanuscripten.org on her laptop to look up the website at issue…
Another Court Shuts the Door on “Yelp Law” Drive-By Lawsuits–Arterberry v. Peet’s
…because their claims target generic and standard TOS provisions that have nothing to do with consumer reviews. [In this case, the offending TOS provisions said that consumers “agree not to…
When You Reject Cookies, You Might Be Agreeing to Arbitration–Alba v. Harbor Freight
Starting in 2024, Harbor Freight deployed the following cookie banner: The court accepts Harbor Freight’s claim that the “2024 Cookie Banner was displayed on each page on the Website until…
Announcing the 2026 Edition of My Internet Law Casebook
I’m pleased to announce the 2026 edition (17th edition) of my Internet Law casebook, Internet Law: Cases & Materials. The book is available in multiple formats: a PDF for $10,…
More Data on Online Age Authentication Balk Rates
…Version of My Paper Against Mandatory Online Age Authentication Prof. Goldman’s Statement on the Supreme Court’s Demolition of the Internet in Free Speech Coalition v. Paxton Court Permanently Enjoins Ohio’s…
Appeals Court Shuts Down Bogus Private Enforcements of the ‘Yelp Law’–Moss v. GoDaddy
The “Yelp Law,” California Civil Code 1670.8, has two main provisions: (a)(1) A contract or proposed contract for the sale or lease of consumer goods or services may not include…
Court Greenlights Jehovah’s Witnesses’ Unmasking of Online Critic–In re DMCA Subpoena to Cloudflare
The Jehovah’s Witnesses (the Watch Tower Bible and Tract Society of Pennsylvania) sought to unmask a Doe who uploaded an archive of religious texts, along with some associated linguistic parsing…