Tag archives: Yelp!

U.S. House takes steps to protect consumers’ rights to post negative reviews

Photo of Caleb Segrest (US)By Caleb Segrest (US) on Posted in Defamation
We have all seen the reviews of products or services that disgruntled consumers post on review sites such as Yelp. Lately, however, some consumers have faced lawsuits for violating “gag orders,” or non-disparagement clauses, found in agreements between businesses and consumers. These clauses restrict consumers’ ability to publish any negative criticism about their experiences and … Continue reading

Online v. Offline Agreements: Braverman v. Yelp

Photo of Susan Ross (US)By Susan Ross (US) on Posted in Defamation, Litigation
A New York state trial court recently ruled in a long-running dispute between a cosmetic dentist and Yelp, the online consumer review site. Braverman v. Yelp, Inc., No. 158299-2013 (N.Y. Sup. Ct. Feb. 24, 2014). The dentist originally complained that Yelp had defamed him by permitting negative reviews about him to appear on Yelp’s site.  That claim … Continue reading

Identifying anonymous reviewers

Photo of James Leito IV (US)By James Leito IV (US) on Posted in Social media policies
On January 7, 2014, a majority of a Virginia appellate court held that a social media provider can be required to disclose the identity of its anonymous users. See Yelp, Inc. v. Hadeed Carpet Cleaning, Inc., No. 0116-13-4 (Va. Ct. App. Jan. 7, 2014). A Virginia carpet cleaning business had subpoenaed from Yelp the identity of … Continue reading

Yelp!’s Strategy for Attacking Fake Reviews: Lawsuit

By on Posted in Fraud
Business owners using online consumer review platforms should be truthful and accurate, especially with respect to online reviews. On August 20, 2013, social media search-and-review service Yelp! sued solo practitioner Julian McMillan for allegedly posting fake reviews about his own law firm. Yelp claimed that in 2010, employees from McMillan’s firm posted positive reviews of … Continue reading

Anonymous Yelp! Reviews Used as Proof of Actual Confusion

By on Posted in Trademark
In any trademark infringement lawsuit, evidence of actual consumer confusion between two marks can play a key role in a court’s “likelihood of confusion” analysis.  This evidence frequently takes the form of a consumer survey demonstrating that certain individuals were in the marketplace, saw the two marks, and believed that they were somehow related. On … Continue reading

Anonymous Negative Reviews

By on Posted in Defamation, Litigation
Austin-based cleaning company Austin Gutter King Corporation, Inc. made headline news in Texas this week by filing a lawsuit against the poster of a negative review of its business on Google Places, the search engine’s business listing and review website. The review originally came from a user named “Norma Lee,” but a court-ordered request from … Continue reading
LexBlog