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Nike vs. Lululemon: The Battle Over Flyknit Technology

Brett Trout

Nikes Flyknit technology revolutionized the sneaker industry when it debuted in 2012 with the Flyknit Racer. Nikes History of Defending Its Patents Nike is no stranger to intellectual property lawsuits. What is Flyknit Technology? Lululemons unexpected success may have played a role in Nikes decision to take legal action.

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Like a Bad Penny, Congressional Attempts to Legalize Site-Blocking Have Returned

Brett Trout

2012 moment marked a powerful public rejection of government-mandated internet censorship. It creates a legal mechanism to block access to entire websiteson the mere allegation of copyright infringementwithout giving those websites a meaningful chance to defend themselves. Who Watches the Watchmen? To users, it will look like a glitch.

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Section 230 Immunizes Bing’s Search Results–White v. Microsoft

Eric Goldman

Among other defendants, he sued Microsoft for Bing search results linking to the episode. Microsoft defended on Section 230 grounds. But the commerce clause was not intended to nationalize the whole of America law.” 2012 WL 4863696 (D. 2012); Merritt v. Lexis Nexis, 2012 WL 6725882 (E.D. Pataki, 514 F.

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Federal court holds that 15-month delay in reviewing electronic evidence was an unlawful seizure

Cyber Crime Review

In what I would call a very significant case, a New York federal court has held that failure to examine a defendant’s imaged hard drive within 15-months after it was obtained was an unlawful seizure in violation of the Fourth Amendment. In United States v. Metter , 2011 U.S. LEXIS 155130 (E.D.N.Y. LEXIS 155130 (E.D.N.Y.

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2023 Quick Links: Section 230

Eric Goldman

Where the motion to dismiss concerns questions of law, additional discovery is not required. Therefore, as MindGeek’s motion to dismiss concerns only questions of law, no discovery is required to rule on the motion to dismiss. There is evidence Defendants’ conduct exceeded standard publication decisions. Superior Ct.

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More Chaos in the Law of Online Contract Formation

Eric Goldman

Another 3k+ word post about the jurisprudential chaos in online contract formation law. Indeed, the Court can see potential problems with a defendant relying on notice via email (problems aside from whether the email gave reasonably conspicuous notice of the terms of use). ” The court frames this as a mailbox rule problem.

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Ethical Considerations for Flat Fee Billing

Attorney at Work

QUESTION: I’m a solo practitioner with a general practice handling everything from real estate transactions to family law. As a reminder, contingent fees are expressly prohibited in many domestic relations matters and when representing a defendant in a criminal case. Laws, rules, regulations, and opinions vary by jurisdiction.