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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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Don’t Be Late and Ineffective with Litigation Holds

Joshua Gilliland

The City was found to be grossly negligent in issuing and executing its litigation hold for the preservation of email and text messages. The City did not issue a litigation hold until three years AFTER the complaint had been filed. The Court found that the City’s litigation hold was both late and ineffective. 2, 2016) 2016 U.S.

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More Chaos in the Law of Online Contract Formation

Eric Goldman

In re: StubHub Refund Litigation , No. 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). ”” In 2012, PayPal added a mandatory arbitration clause that users could opt-out-of.

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Game On! Bright Data Scores Major Victory in Web-Scraping Dispute with Meta (Guest Blog Post)

Eric Goldman

LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation. 2012), Docket No. 2d 316, 319 (1953) (invalidating trial court’s interpretation of land purchase agreement as binding the defendant to pay all land assessments without time limitations). signif[ies] that you. Meta’s Opp.

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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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2024 Internet Law Year-in-Review

Eric Goldman

If the YOLO promise-based exclusion to Section 230 stands up, plaintiffs will have no problem tendentiously parsing a defendant’s site disclosures to find something– anything –as the anchor for a promise-based claim that bypasses Section 230. The early rounds have not gone well for the defendants in many cases.

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