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 are often placed in the fine print of form contracts. These agreements provide that, when the consumer posts a negative review, or even speaks negatively about the business’s products, services, or conduct, the business would have a cause of action against the consumer for breach of contract.
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Online v. Offline Agreements: Braverman v. Yelp

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…
Identifying anonymous reviewers

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.…
Yelp!’s Strategy for Attacking Fake Reviews: Lawsuit
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…
Anonymous Yelp! Reviews Used as Proof of Actual Confusion
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…
Anonymous Negative Reviews
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.…