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What’s going on legally with Jeep pulling the Bruce Springsteen ad?
Morals clauses in talent agreements can fuel cancel culture. Jeep featured Bruce Springsteen in an ad that aired during Sunday’s Super Bowl. Since then, news broke that Springsteen had been arrested...
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HuffPost protected by Section 230 in Carter Page defamation suit
Carter Page sued the publisher of the HuffPost over some 2016 articles about the Russia collusion matter that Page claimed were defamatory. These articles were written by “contributors” to the...
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Money for pain and suffering because your email was hacked?
Plaintiff and defendant worked together doing real estate appraisals. Defendant accessed plaintiff’s email account without authorization and was later found liable for violating the federal Stored...
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Section 230 did not protect Snapchat from negligence liability in car crash...
The tragic facts Landen Brown was using Snapchat’s Speed Filter in 2017 when the car in which he was riding with two other young men crashed after reaching speeds above 120 miles per hour. The Speed...
View ArticleMurdered Uber passenger’s mom can keep her case in court and out of arbitration
An Uber driver murdered plaintiff’s son. So plaintiff – the Uber user’s mom – sued Uber for wrongful death. The lower court threw out the case, saying that the Uber terms and conditions required the...
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Does Section 230 apply to claims under the Fair Credit Reporting Act?
Plaintiffs sued defendants, claiming that defendants violated the Fair Credit Reporting Act (FCRA) by including inaccurate criminal information on background check reports defendants produced and sold....
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What must social media platforms do to comply with Florida’s Senate Bill 7072?
The media has been covering Florida’s new law (Senate Bill 7072) targeting social media platforms, which Governor DeSantis signed today. The law is relatively complex and imposes a number of new...
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No contract formed via URL to terms and conditions in hard copy advertisement
Online terms of service found at URL in hard copy advertisement were not enforceable. Plaintiff visited a Subway restaurant. One of the Subway employees referred plaintiff to an in-store, hard-copy...
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DMCA anticircumvention case over copied YouTube videos moves forward
Defendant fired plaintiff over two videos advocating for COVID-19 workplace protections that plaintiff posted on YouTube. Around the time of the termination, the employer allegedly used a smartphone to...
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Online retailer’s use of photo of products it did not sell was not an unfair...
Defendant online guitar retailer used on its website a photo of premium guitar necks – products that the online retailer did not sell. Plaintiff – the purveyor of the premium guitars found in the photo...
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UDRP loss results from lack of communication with domain registrar
In a recent case under the Uniform Dispute Resolution Policy (UDRP), the administrative panel determined that a party who had owned the disputed domain name for more than 20 years was not entitled to...
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ACPA claim survives because mark was distinctive when domain name was...
Federal law has a statute that prohibits abusive domain name registration. The Anticybersquatting Consumer Protection Act, 15 U.S.C. 1125(d) (ACPA) provides, among other things, that one is prohibited...
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Omegle protected by Section 230 against claims for child pornography, sex...
Omegle is a notorious website where you can be randomly placed in a chat room (using video, audio and text) with strangers on the internet. Back in March 2020, 11-year-old C.H. was using Omegle and...
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Can a party recover statutory damages under the Stored Communications Act...
The Stored Communications Act (18 USC 2701 et seq.) is among the most powerful tools relating to email privacy. It is a federal statute that prohibits, in certain circumstances, one from intentionally...
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Old social media posts violated trade dress infringement injunction
The parties in the case of H.I.S.C., Inc. v. Franmar are competitors, each making garden broom products. In earlier litigation, the defendant filed a counterclaim against plaintiff for trade dress...
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Is Indiana’s revenge porn law constitutional?
Stained glass window at Pokagon State Park in Angola, Indiana, near where the underlying events in this case took place. In 2019, Indiana joined a number of other states and enacted a statute that...
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Vaccine information censorship: Is Congressman Adam Schiff liable for the...
One could characterize the recent case of Association of American Physicians & Surgeons, Inc. v. Schiff as addressing the issue of vaccine information censorship. The court considered whether...
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Uber’s signup process did not create enforceable arbitration provision
After plaintiff Uber user was denied a ride because of her guide dog, she sued Uber for discrimination under Maine law. Uber sought to have the matter sent to arbitration and the court denied that...
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In copyright infringement case, artist’s social media popularity supported...
Plaintiff is an artist who designs macabre items, including a bat-themed mug. Defendant (Michaels, the well-known retail craft store) started selling a vase that plaintiff claimed infringed its bat...
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Strip club operator wins motion in domain name dispute against GoDaddy company
NameFind is a GoDaddy company that holds registrations of domain names and seeks to make money off of them by placing pay-per-click ads on parked pages found at the domain names. Global Licensing owns...
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