Author Archives: Paul Levy

The death of the Journalism Competition and Preservation Act – but might other new legislation emerge?

In recent years, major media organizations have been lobbying Congress to enact legislation, the “Journalism Competition and Preservation Act,” requiring search engine providers to engage in a form of collective bargaining about the tax they would pay to media publishers for the privilege of providing links to their news articles, backed up by mandatory interest […]

Preparing for the 20th Anniversary of the Streisand Effect: Cooley v. Afroman

It was almost twenty years ago that Barbra Streisand filed a lawsuit that attempted to block access to a photograph of her oceanfront estate, bringing unwanted attention to the photo and leading to her being enshrined by Techdirt’s Mike Masnick in tech/legal terminology as the progenitor of “the Streisand Effect.” Now we have Cooley v. […]

Remedies for Violations of the Consumer Review Fairness Act

Over at his Technology and Marketing Blog, Eric Goldman points to a recent district court decision issuing a preliminary injunction against a solar installation company which, according to the decision, engaged in a series of shady practices vis-a-vis consumers who agreed to use its solar panel installation services. In an action brought jointly by the […]

Protecting the Expressive Use of Trademarks

An amicus curiae brief filed today on behalf of three former clients whose right to use trademarks for purposes of parody we defended on a number of occasions over the past two decades, urges the Supreme Court to uphold the Rogers v. Grimaldi standard as a screen to weed out weak trademark infringement claims brought […]

Notorious trademark bully deliberately infringes artist’s copyright

The New York Times reports that Louis Vuitton, perhaps the most notorious trademark bully of them all, used a Joan Mitchell painting in one of its advertisements after her foundation repeatedly refused permission because she had, and it has, a strict policy against commercial use of her work.  The Joan  Mitchell Foundation has sent a […]

New trolls on the block: Prepared Food Photos and Daniel DeSouza / CopyCat Legal

AdLife Marketing and Communications, a company specializing in photographs of food for use in grocery story advertisements, has a sorry history of abusive copyright infringement claims. In 2021, it moved from Rhode Island to Florida, changed its name to Prepared Food Photos, and began to be represented by Florida lawyer Daniel DeSouza, through a firm […]

May Anonymous Speakers Invoke the Texas Anti-SLAPP Law to Oppose Efforts to Identify Them?

A disturbing decision from a Texas court of appeals held last year that an anonymous person, who allegedly called several of the advertisers in D Magazine and accused the magazine of being “racist,” and who has been sue for defamation, could not file a motion to dismiss under the Texas anti-SLAPP law contending that the […]

An Ohio City and Its Police Chief using defamation claims to identify chief’s critics

Late last week we filed an amicus brief in an Ohio court case in which the City of Beachwood is financing litigation, purportedly seeking to recover damages for the police chief based on an anonymous email and a handful of anonymous posts to the police department’s Facebook page that denigrated the police chief’s leadership. We […]

Facial Recognition Bars Lawyers for Consumers from Events at Madison Square Garden

The New York Times carries this story  about the use of facial recognition technology to bar any lawyers working at firms who handle litigation against  MSG Entertainment from attending sporting events, or even holiday shows, at Madison Square Garden.  New York’s old law protecting theatre critics from being excluded after they panned a show has […]

Mystery company fails to identify Twitter critic who used “its” photos

by Paul Alan Levy Judge Vincent Chabbria ruled that an anonymous Twitter user using the pseudonym “Mr. Money Bags” could not be identified pursuant to a DMCA subpoena, both because her display of copyrighted photographs to taunt a venture capitalist for allegedly spending money on the company of nubile young women was fair use, and […]