Catching Up on Two Keyword Ad Cases
A couple of keyword ad cases from a couple of months ago. Alsa Refinish LLC v. Walmart Inc., 2024 WL 3914512 (C.D. Cal. July 31, 2024) The trademark owner Alsa…
eBay Isn’t Liable for Merchants’ Sales of Items That Violate Environmental Laws–US v. eBay
The EPA civilly sued eBay for third-party merchant listings of items that violate environmental laws. For example, the EPA identified over 300k aftermarket “defeat device” listings, 5k+ listings for products…
Pixel Case Against Google “Jumps the Shark”–Doe I v. Google (Catch Up Post)
It feels like we are getting a pixel ruling every day. I’ve ignored most of them. I’ve decided this one from 2 months ago is worth blogging, even at this…
Consumers Who Don’t Read “Clickwraps” Are Still Bound By Them–Toth v. Everly Well
Raise your hand 🙋♂️ if this could describe you too: Joyce Toth clicked on a checkbox indicating that she read and accepted certain terms and conditions, which were contained in…
Tattoo Artist Wins Copyright Claim, But Gets Zero Damages–Alexander v. Take Two
Prior blog post. Alexander inked 6 tattoos on wrestler Randy Orton. Videogames featured Orton and his tattoos, and Alexander sued for copyright infringement. A jury ruled for Alexander and awarded…
Angi Can’t Dismiss Lawsuit Over Failed Vendor Authentication–Everyspace v. Encor
Angi’s is the rebrand of the former Angie’s List. It matches contractors with homeowners. The plaintiff claims that the defendant company is engaging in a form of corporate identity theft,…
Five Decisions Illustrate How Section 230 Is Fading Fast
Section 230 cases are coming faster than I can blog them. This long blog post rounds up five defense losses, riddled with bad judicial errors. Given the tenor of these…
Allegations of a Bribe-Driven Facebook-OnlyFans Conspiracy Unsurprisingly Fall Apart in Court–Dangaard v. Instagram
The plaintiffs’ allegations were sizzling. In my previous post, I summarized: This lawsuit involves troubling allegations that Facebook executives (allegedly, Nick Clegg, Nicola Mendelsohn, and Cristian Perrella) took bribes from…
Internet Law Professors Submit a SCOTUS Amicus Brief on Online Age Authentication–Free Speech Coalition v. Paxton
Along with seven other Internet Law professors, I filed an amicus brief with the US Supreme Court in the case of Free Speech Coalition v. Paxton. The lawsuit challenges Texas…
Augmented Reality Filters May Violate Privacy Law–Hartman v. Meta
…location that creates a plausible appearance. If the filters and effects were applied based on a generic face template that included an oval shape to convey a facial structure, and…