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TIL: “Texas Tamale” Is an Enforceable Trademark–Texas Tamale v. CPUSA2

Eric Goldman

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. ” Say what? ” The right answer should be “no one.”

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Section 230 Immunizes Bing’s Search Results–White v. Microsoft

Eric Goldman

This lawsuit relates to an episode of the TV show Evil Lives Here called “I Invited Him In,” which discusses an NY serial killer named Nathaniel White. The court agrees with Microsoft. 2006); Murawski v. Among other defendants, he sued Microsoft for Bing search results linking to the episode. Google Technology, Inc.,

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. [Eric’s note: this is the post you’ve been waiting for: Prof. 569 (1994).

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You Subpoenaed My Documents, Shouldn’t You Pay for Them?

Percipient

” In Federal Court Responding Party Presumed to Bear Subpoena Costs, but Requesting Party Must Avoid Imposition of Undue Burden and Expense A case from the Northern District of Illinois provides a good analysis of when costs responding to subpoenas may be shifted to the party seeking the documents. Cardinal Growth, L.P. ,

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Web Scraping for Me, But Not for Thee (Guest Blog Post)

Eric Goldman

hiQ Labs lost that case, and at summary judgment the district court held that “LinkedIn’s User Agreement unambiguously prohibits scraping and the unauthorized use of scraped data.” has filed multiple lawsuits against web scrapers, including against Bright Data , which is perhaps the biggest web-scraping company in the world.

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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Eric Goldman

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. Supreme Court.

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2023 Internet Law Year-in-Review

Eric Goldman

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Facebook , a California appeals court shocked the advertising community by suggesting that using common demographic criteria for ad targeting, such as age or gender, may violate California’s anti-discrimination law.

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