The Ninth Circuit addressed whether parties can contractually agree to shorten the statute of limitations for copyright infringement claims.
Continue Reading Ninth Circuit Reaffirms That Parties Can Contractually Shorten Statute of Limitations Period for Copyright Infringement Claims
Section 230 of the CDA provides immunity to “interactive computer services” providers against certain types of legal claims.
Continue Reading GoDaddy Obtains Section 230 Immunity Despite Plaintiffs’ “Sympathetic” Claims
Google, which operates the world’s most popular search engine, recently defeated an antitrust claim brought by an online supplier of stock images in the case Dreamstime.com, LLC v. Google, LLC, decided on December 6, 2022, by the Ninth Circuit Court of Appeals. The Dreamstime Opinion helps illustrate some difficulties in defining the relevant market to allege anticompetitive injury to support an antitrust claim.
Continue Reading Google Escapes Antitrust Challenge from Stock Photo Site After Changes to Its Search Engine Algorithm
The Ninth Circuit was recently called upon to decide a case of first impression for it involving the interplay between immunity granted to website providers under the Communications Decency Act (“CDA”) and potential civil liability under The Allow States and Victims to Fight Online Sex Trafficking Act of 2018 (“FOSTA”). In the case, Jane Does v. Reddit, Inc., decided October 24, 2022, the Court affirmed the dismissal of the plaintiffs’ class action complaint against Reddit for allegedly hosting child pornography in its forums after analyzing the interplay between the CDA and FOSTA.
Continue Reading The Interplay Between Section 230 Immunity and The Allow States and Victims to Fight Online Sex Trafficking Act of 2018
You are likely familiar with the children’s game, Connect 4, in which players drop red and black checker pieces into an upright rack trying to get four of their pieces in a row to win. Some of you may have even seen enlarged outdoor versions of the Connect 4 game at various venues. On August 24, 2022, the Ninth Circuit issued its opinion in P and P Imports, LLC v. Johnson Enterprises, LLC, in which the parties were battling a trade dress infringement claim involving these large outdoor Connect 4-like games.
Continue Reading Connect 4: Trade Dress Infringement and Secondary Meaning
