ACPA Doesn’t Apply to Vanity URLs–Athene Annuity v. Athene Group
The magistrate judge issued a default $2M+ ACPA damages award covering 160 allegedly violative “domain names.” On review, the supervising judge partially reverses, despite no objections from the defendants. In fact, only 1 of the 160 “domain names” is actually…
Does Anyone Still Care About NFTs? (Yuga Labs, LLC v. Ripps) — Guest Blog Post
By Guest Blogger Tyler Ochoa Four years ago, NFTs were the hottest collectibles on the market and were being touted as the NBT (Next Big Thing). People were paying tens of thousands, or in some cases millions, of dollars (or…
Because the SAD Scheme Disregards Due Process, Errors Inevitably Ensue–Modlily v. Funlingo
This started out like every other SAD Scheme case. The plaintiff, a fast-fashion vendor operating under the brand Modlily, filed a complaint under seal against 20 defendants, got an ex parte TRO and asset freeze, and rolled to an unopposed…
Domain Name Sniping Covered by Section 230–Scott Rigsby v. GoDaddy
It’s refreshing to see a “normal” Section 230 opinion from the Ninth Circuit. They have gotten rarer, and the Gonzalez opinion may make them extinct. Scott Rigsby is the first double-leg amputee to complete an Iron Man Triathlon. He registered…
Who Owns a Disputed Social Media Account? – JLM v. Gutman
This is a case focusing on ownership of social media accounts. The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. We blogged this case twice before. (See “Social Media Ownership Disputes Part II: Bridal…
If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google
Trigger warning: this is a terrible opinion. Let’s hope the judge corrects his errors or that the appeals court does it for him. * * * This opinion addresses a venerable issue in Internet Law: can a website control how…
The SHOP SAFE Act Is a Terrible Bill That Will Eliminate Online Marketplaces
[Note: this blog post covers Rep. Nadler’s manager’s amendment for the SHOP SAFE Act, which I think will be the basis of a committee markup hearing tomorrow. If Congress were well-functioning, draft bills going into markup would be circulated a…
1H 2021 Quick Links, Part 1 (IP)
Trademarks and Domain Names * Kid Car NY, LLC v. Kidmoto Techs. LLC, 2021 WL 466975 (S.D.N.Y. Feb. 9, 2021): “At the motion to dismiss stage, Kidmoto has plausibly alleged more than just the purchase of a competitor’s mark as…
Domain Name Registrar Isn’t Liable for Hijacked Domain Name–Rigsby v. GoDaddy
Rigsby registered the scottrigsbyfoundation.org domain name via GoDaddy. He claims GoDaddy didn’t give him proper notice of renewal, so the domain name lapsed. It was then registered by an interloper who displays gambling-related material. Rigsby asked GoDaddy to give him…
New Article: “Content Moderation Remedies”
I’m excited to share my latest paper, called “Content Moderation Remedies.” I’ve been working on this project 2+ years, and this is the first time I’m sharing the draft publicly. I think many of you will find it interesting, so…