Author Archives: Paul Levy

Federal Judge Enjoins Roca Labs from Imposing or Enforcing a Nondisparagement Clause That Facilitates Deception in Violation of the FTC Act

by Paul Alan Levy On the eve of a Senate Commerce Committee hearing on the Senate version of the Issa-Swalwell bill, (the latter is endorsed by Public Citizen) that would ban non-disparagement clauses in consumer contracts, the United States District Court for the Middle District of Florida has become the first federal court to recognize […]

Fertility Bridges’ Use of a Nondisparagement Clause to Bully Dissatisfied Customers

by Paul Alan Levy New Jersey resident Nadiya Oliver was deeply frustrated by her experience with an Illinois company called Fertility Bridges, which sells services connecting couples that are unable to conceive a child on their own with women who are ready to donate their eggs in return for financial assistance with the resulting burdens.  […]

Has the Ninth Circuit “Sub Silentio Overrule[d Its Own] ‘Initial Interest Confusion’ Doctrine”?

by Paul Alan Levy Earlier this year, I discussed a troubling decision from the United States Court of Appeals for the Ninth Circuit that reinstated a complaint by Multi-Time Machine, a maker of fancy watches, based on the way in which Amazon’s internal search engine returned results when users entered the search string “mtm special […]

Is Amazon’s Recent Suit Against Anonymous Reviewers Barred by Its Own Arbitration Clause?

by Paul Alan Levy Yesterday I discussed a lawsuit filed by Amazon seeking relief against over a thousand anonymous individuals who offered to sell their services posting phony positive reviews about products available for sale on Amazon.  The theory of Amazon's complaint is that the users are all registered Amazon users and hence forbidden from […]

Amazon Damns a Thousand Anonymous Reviewers for Paid Praise

by Paul Alan Levy The problem of false reviews bedevils web sites that invite customer reviews as a basis for other consumers to judge goods and services available to them on the market.  Disgruntled merchants can be counted on bring defamation claims against false negative reviewers, but few merchants feel they have any incentive to […]

You Don’t Have to Be a Brain Surgeon to Understand How Silly Ben Carson’s Legal Threats Are

You would probably assume that Ben Carson and his presidential campaign would be thrilled that so many people across America are creating T-shirts, mugs and other items touting his candidacy for the presidency, saying “Ben Carson for President 2016" or using more creative slogans, plastering his face on such items. And you would think that […]

Med Express faces $20,000 sanctions award for frivolous libel suit against eBay buyers

by Paul Alan Levy Med Express, a Medina Ohio company that faced serious and widespread online obloquy during the spring of 2013 for filing a libel suit against two eBay users who posted mildly negative (but entirely truthful) feedback, has been ordered to pay nearly $20,000 in attorney fees and expenses for the work of […]

Does Louisiana Lawyer David Groner Have the Right to Have His Mistakes Forgotten?

by Paul Alan  Levy Louisiana lawyer David Groner has made a few mistakes.  Which was the most serious? David Groner's Misconduct Toward Clients At some point time before January 18, 2007, one of Groner’s associates filed a lawsuit on behalf of some clients in the wrong venue; the defendants moved to dismiss. Groner’s firm nevertheless […]