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Nike vs. Lululemon: The Battle Over Flyknit Technology

Brett Trout

Although the case was just settled, this lawsuit was not Nikes first foray into patent infringement litigationnor is it likely to be its last. Nikes Flyknit technology revolutionized the sneaker industry when it debuted in 2012 with the Flyknit Racer. The lawsuit was settled in 2021. What is Flyknit Technology?

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

Eric Goldman

This lawsuit relates to an episode of the TV show Evil Lives Here called “I Invited Him In,” which discusses an NY serial killer named Nathaniel White. Among other defendants, he sued Microsoft for Bing search results linking to the episode. Microsoft defended on Section 230 grounds. 2012 WL 4863696 (D.

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2023 Quick Links: Section 230

Eric Goldman

28, 2020): There are facts from which a jury could determine that Defendants created and/or developed website content making the immunity under Section 230 of the CDA inapplicable and thus summary judgment is not appropriate. There is evidence Defendants’ conduct exceeded standard publication decisions. ” * Doe v. .

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More Chaos in the Law of Online Contract Formation

Eric Goldman

July 31, 2023) This is a lawsuit over Blue Kai’s alleged keystroke logging on ESPN.com. 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). Walt Disney Corp. 22-cv-09155-EMC (N.D.

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Don’t Be Late and Ineffective with Litigation Holds

Joshua Gilliland

The City of New York, 50 unnamed NYPD officers, and the former NYPD Commissioner are involved in a civil rights lawsuit over allegedly issuing summonses without probable cause, violating the First, Fourth, Fifth, Eighth, and Fourteenth Amendments to the U.S. Constitution, if true. Stinson , at *10-11, referencing Floyd v.

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Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

Eric Goldman

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). He served one prison term from 1989 to 2008, and another from 2012 to 2015.

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Internet Access Providers Can Be Contributorily Liable for Subscribers’ Infringements–Sony Music v. Cox

Eric Goldman

The court recaps past cases: the crux of the financial benefit inquiry is whether a causal relationship exists between the infringing activity and a financial benefit to the defendant. But in every case, the financial benefit to the defendant must flow directly from the third party’s acts of infringement to establish vicarious liability.

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