Trademarks, Likelihood of Confusion, and Social Media

Trademark law in the United States has one overarching goal: to prevent consumers from being confused over the source of a product or service.  The function of a trademark is to communicate to the marketplace who is offering the good or service.  So, for example, when I’m driving down the road and spy the Golden […]

Can Facebook Spam Be Canned?

Maria Martinez co-authored this post. She is a law student at the University of Michigan and served as an intern to the Hon. Mark A. Goldsmith, U.S. Dist Ct., E.D. Mich. Congress was about as close as that body comes to the cutting edge when it passed a law to combat email spam in 2003. […]

Employees Lie, Get Busted on Facebook – But It’s Their Boss That Gets Fired

This case is noteworthy for the same reason that “Man Bites Dog” stories make news.  Examples of employees, insurance claimants, cheating spouses, and the like being busted by their Facebook posts are so common nowadays as to be cliche.  The case of Rodriguez v. Wal-Mart Stores, Inc. (N.D. Tex., Jan. 9, 2013) begins with the […]

Consumer Protection in Social Media

At this week’s New Media Expo / BusinessNext (formerly BlogWorld) conference in Las Vegas, I spoke on a panel called “Social Media and the Law: Emerging Legal Issues and Obligations.” My portion of the talk  was dedicated to consumer protection issues.  For those who couldn’t be there, here’s a summary of what I discussed. Consumer […]