April 2024

  1. First AmendmentSocial Media

    TikTok and the First Amendment: Previewing some of the free speech issues

    TikTok is on the verge of a potential federal ban in the United States. This development echoes a previous situation in Montana, where a 2023 . . .

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  2. First Amendment

    TikTok is now officially among the walking dead

    It's now the law of the land that come nine months from now, if any of the app stores make TikTok available or if any . . .

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  3. Artificial IntelligenceLitigation

    Footnote in opinion warns counsel not to cite AI-generated fake cases again

    A federal judge in Wisconsin suspected that one of the parties appearing before the court had used generative AI to write a brief, which resulted . . .

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  4. Cybersquatting

    Does renewing a domain name count as “registering” a domain name under the ACPA?

    The Anticybersquatting Consumer Protection Act ("ACPA") is a federal law - part of the Lanham Act that deals with trademarks and unfair competition. It says . . .

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  5. DefamationSection 230

    Section 230 protected President Trump from defamation liability

    Plaintiff sued the Trump campaign, some of the President’s advisors and several conservative media outlets asserting claims for defamation. Plaintiff – an employee of voting . . .

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  6. Artificial IntelligenceTrademarks

    Key Takeaways From the USPTO’s Guidance on AI Use

    On April 10, 2024, the United States Patent and Trademark Office ("USPTO") issued guidance to attorneys about using AI in matters before the USPTO. While . . .

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  7. Contracts

    So-called “Mutual Non-Disclosure Agreement” only protected one party’s information

    Eastern sued Herbalife for breach of the "Mutual Non-Disclosure Agreement" into which the parties had entered. Eastern claimed Herbalife breached the agreement by disclosing Eastern's . . .

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  8. CybersquattingTrademarks

    Sprint puts an end to entrepreneurs’ efforts to revive NEXTEL brand

    Plaintiff Sprint (owner of the NEXTEL brand) sued defendant business owners, asserting claims for trademark infringement, cybersquatting and counterfeiting. Beginning in 2016, defendants – apparently . . .

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  9. Section 230

    Section 230 and … Environmental Law?

    Here is a recent case that is interesting because the court applied Section 230 to a situation (as far as this author knows) in which . . .

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  10. CybersquattingTrademarks

    Redirecting URL was unlawful but did not cause damages

    In the months leading up to the FDA shutting down plaintiff's business, one of the co-owners of the business left and set up a competing . . .

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