Remove 2008 Remove Advertising Remove Contracts Remove Designs
article thumbnail

Boat Rental Marketplace Defeats Lawsuit Over Offline Boating Accident–In re Chaves

Technology & Marketing Law Blog

MySpace case from 2008 and its progeny (assuming the Doe case is still good law in the Fifth Circuit, which isn’t guaranteed ). It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. .'” Publisher/Speaker Claim. portion of the total rental fee. LEXIS 23688 (S.D.

article thumbnail

Section 230 Protect Apple’s App Store from Claims Over Cryptocurrency Theft–Diep v. Apple

Technology & Marketing Law Blog

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). False Advertising. eBay case from 2008. ” This is a highly defense-favorable reading of the contract provision. ” Section 230. Implications.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Two More Cases Compel Arbitration for Dubious Online Contracts (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Didion (2008) 160 Cal.App.4th Consumer Contracts (Tent.

article thumbnail

Competition and consumer developments round-up 2022 for the consumer sector: A year of change with more to come

Herbert Smith Freehills

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

article thumbnail

Competition and consumer round-up 2022 – A year of change with more to come

Herbert Smith Freehills

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

article thumbnail

Recent Hot Topics and Developments in Trade Secrets Law

Trading Secrets

“Accordingly, the concept was readily ascertainable by proper means, and Vita cannot establish that its conceptual design was a trade secret.” These features appeared in defendant’s own patent and could be seen in a variety of commercially available alternatives that were created prior to plaintiff’s conceptual design. 3d 1364 (Fed.

Law 59
article thumbnail

Section 230 Helps Salesforce Defeat Sex Trafficking Lawsuit–GG v. Salesforce

Technology & Marketing Law Blog

Whoever that 1 defendant is in this case (my view: the advertisers on Backpage who uploaded the ads), it sure isn’t a downstream vendor like Salesforce. s trafficker would eventually place the advertisements trafficking G.G.), s trafficker would eventually place the advertisements trafficking G.G.),

Blogging 126