Tag Archives: secondary liability

New comment on a paper about YouTube and music

Posted on October 27, 2023 by rtushnet

 Here. Abstract This useful article about the effects of music on YouTube on consumption of the same music elsewhere should be understood for what it is: An empirical investigation of YouTube’s effects. It allows no conclusions about “safe harbors” both … Continue reading →

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claims about legality of insurance service are falsifable

Posted on September 6, 2023 by rtushnet

Route App, Inc. v. Heuberger, 2023 WL 5334192, No. 2:22-cv-00291-TS-JCB (D. Utah Aug. 18, 2023) (magistrate) Route is a package tracking company that provides shipping insurance to e-commerce merchants. Heuberger was a Route customer who then launched a competitor, Navidium. … Continue reading →

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27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA: Panel 3: Intended and Unintended Consequences of the DSA

Posted on April 7, 2023 by rtushnet

 Moderator: Pamela Samuelson, Berkeley Law School From Notice-and-Takedown to Content Licensing and Filtering: How the Absence of UGC Monetization Rules Impacts Fundamental Rights        João Quintais, University of Amsterdam with Martin Senftleben, University of Amsterdam Human rights impact of the new … Continue reading →

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27th Annual BTLJ-BCLT Symposium: From the DMCA to the DSA—A Transatlantic Dialogue on Online Platform Liability and Copyright Law

Posted on April 7, 2023 by rtushnet

Tutorial “The EU Digital Services Act – Overview and Central Features” General DSA Architecture and Approach      Martin Senftleben, University of Amsterdam Formally, the safe harbor system is still in place for mere conduit, caching and hosting services for third-party information … Continue reading →

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Supplement guide was plausibly an agent of supplement company; direct and secondary liability available

Posted on March 22, 2023 by rtushnet

Ariix LLC v. Usana Health Sci., Inc., 2023 WL 2574319, No. 2:22-cv-00313-JNP-DAO (D. Utah Mar. 20, 2023) The parties compete in the supplement market using direct marketing, so compete in both consumer supplement sales and in sales representative recruitment. “Nutritional … Continue reading →

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contributory liability possible for lawyers in timeshare exit cases

Posted on September 30, 2021 by rtushnet

Diamond Resorts U.S. Collection Development, LLC v. Pandora Marketing, LLC, 2021 WL 1573073, CV 20-5486 DSF (ADSx) (C.D. Cal. Apr. 12, 2021) Another timeshare company v. timeshare exit company case. Here, Diamond sued both the marketers who seek exit clients … Continue reading →

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Microsoft dodges some false advertising claims based on its security offerings

Posted on September 9, 2021 by rtushnet

Tocmail Inc. v. Microsoft Corp., 2020 WL 9210739, No. 20-60416-CIV-SMITH (S.D. Fla. Nov. 6, 2020) From the deepest depths of backlog: Tocmail alleged that Microsoft’s deceptive promotions of its cyber-security service, Safe Links, constituted false advertising and contributory false advertising. … Continue reading →

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Amazon pulls further ahead of possible competitors in TM secondary liability wars

Posted on September 3, 2021 by rtushnet

Ohio State Univ. v. Redbubble, Inc., No. 19-3388 (6th Cir. Feb. 25, 2021) “Because Amazon’s marketplace operates as a neutral intermediary between consumers and third-party vendors, courts have typically not found it liable for trademark-infringing goods sold through its platform.” … Continue reading →

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Lexmark allows direct and contributory false advertising claims against certifier

Posted on August 27, 2021 by rtushnet

U.S. Structural Plywood Integrity Coalition v. PFS Corp., No. 19-62225-CIV-ALTMAN, 2021 WL 810279 (S.D. Fla. Mar. 3, 2021) Sometimes I worry that judicial writing is tending too much towards the flip as it moves away from prolixity, but this is … Continue reading →

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pharma database isn’t commercial speech about listed products

Posted on August 25, 2021 by rtushnet

Alfasigma USA, Inc. v. First Databank, Inc., 2021 WL 930453, No. 18-cv-06924-HSG (N.D. Cal. Mar. 11, 2021) Previous opinion. Alfasigma makes medical foods, which are allegedly not properly described as OTC. It sued First Databank for coding implemented in the … Continue reading →

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