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Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta

Eric Goldman

The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.””

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More Chaos in the Law of Online Contract Formation

Eric Goldman

Two top-line takeaways you might get from this post: A two-click formation process avoids the risk of judges moving the goalposts about formation, and If you are amending your TOS, have an airtight plan for building a credible evidentiary record. In re: StubHub Refund Litigation , No. 22-15879 (9th Cir. Citing Sellers v.

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Understanding the CCB’s First Two Final Determinations (Guest Blog Post–Part 3 of 3)

Eric Goldman

By guest blogger Elizabeth Townsend Gard , John E. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Prutton, 22-CCB-0045 , February 28, 2023. Prutton, 22-CCB-0045 , February 28, 2023. Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down.

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European Data Protection Roundup – October 2023

Debevoise Data Blog

Key takeaways from October include: Employee monitoring: Following new guidance issued by the UK ICO, employers may want to review their existing employee monitoring to ensure it meets the regulator’s latest expectations, including ensuring that any monitoring is necessary, proportionate, and conducted transparently.

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2023 Quick Links: Leftovers

Eric Goldman

Heuberger , 2023 WL 5334192 (D. Alderwood Surgical Center, LLC, 2023 WL 3435305 (W.D. May 12, 2023); and State v. Alderwood Surgical Center, LLC, 2023 WL 3687053 (W.D. May 26, 2023). Pinho, 2023 WL 3017282 (Cal. April 20, 2023). Lulifama.com LLC, 2023 U.S. July 20, 2023).

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

Eric Goldman

21-869 (May 18, 2023). [Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No.

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