Tag Archives: secondary liability

Amazon not liable for use of TM in review

Sen v. Amazon.com, Inc., 2018 WL 4680018, No. 16-CV-01486-JAH-JLB (S.D. Cal. Sept. 28, 2018) Sen owns the trademark “Baiden” for skin-exfoliation products. Amazon bought “Baiden” through Google’s AdWords program and on other search engines. In 2012, Sen sued Amazon for … Continue reading

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Content Moderation at Scale, 2/2

You Make the Call: Audience Interactive (with a trigger warning for content requiring moderation) Emma Llanso, Center for Democracy & Technology & Mike Masnick, Techdirt Hypo: “Grand Wizard Smith,” w/user photo of a person in a KKK hood, posts a … Continue reading

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Content Moderation at Scale, DC Version

Foundations: The Legal and Public Policy Framework for Content Eric Goldman gave a spirited overview of 230 and related rules, including his outrage at the canard that federal criminal law hadn’t applied to websites until recently—he pointed out that online … Continue reading

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unauthorized sale of model’s photos leads to internally inconsistent TM/ROP ruling

Passelaigue v. Getty Images (US), Inc., 2018 WL 1156011, No. 16-CV-1362 (S.D.N.Y. Mar. 1, 2018) Elodie Passelaigue is a professional fashion model who sued under the Lanham Act, Washington state law, and New York law against Getty, Bill Diodato Photography, … Continue reading

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Purple haze: court declines to recognize contributory false advertising claim

Purple Innovations, LLC v. Honest Reviews, LLC, No. 2:17-cv-138, 2017 WL 3172810 (D. Utah Jul. 25, 2017) Mostly a jurisdiction case, but defendant GhostBed also successfully moved to dismiss Purple Innovations’ claim for contributory false association and false advertising.  Although … Continue reading

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LiveJournal’s missteps threaten its DMCA protection

Mavrix Photographs, LLC v. LiveJournal Inc., No. 14-56596 (9th Cir. April 7, 2017) Initial note: What the court here describes as LJ’s business model is in reality limited to its treatment of ONTD, the most popular community on LJ.  Most … Continue reading

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Who’s responsible for allegedly false, concealed endorsement deals?

Woodard v. Labrada, 2017 WL 1018307, — F. Supp. 3d —, No. 16-00189 (C.D. Cal. Mar. 10, 2017) I discussed this case before.  Woodard alleged misrepresentations about the effectiveness of weight loss supplements, specifically the Labrada Garcinia Cambogia Dual Action … Continue reading

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