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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. In its lawsuit, Nike sought both damages and a permanent injunction to stop Lululemon from producing the allegedly infringing designs. The lawsuit was settled in 2021.

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Lessons Learned from 2024 and the Year Ahead in AI Litigation

Debevoise Data Blog

The past year was marked by many more filed cases than decisions, and those decisions that were issued largely demonstrated how well-known pitfalls will also hamper this new wave of AI lawsuits. Courts have widely rejected claims that AI models themselves are unlawful derivatives of the copyrighted works they were trained on. [3]

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Photos in a Similar Style Aren’t Copyright-Infringing–Woodland v. Lil Nas X

Eric Goldman

The court summarizes the case: Rodney Woodland, a freelance artist and model, posts semi-naked photographs of himself in different poses on Instagram. The court displayed all of the photos side-by-side, so of course we’re going to look at them. I guess that makes me old-school. So I think this is a SFW post.

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Video Game Addiction Case Mostly Sent to Arbitration–Orellana v. Roblox (Catch-up Post)

Eric Goldman

It is one of the many video game addiction lawsuits percolating throughout the courts nationwide. Epic’s TOS In 2018, when the Fortnite accounts were created, Epic’s TOS didn’t contain an arbitration clause. Without showing the initial TOS page, the court labels it a “clickwrap.”

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Cyber Whistleblower Leads to DOJ Civil Settlement

Debevoise Data Blog

The complaint was brought under the FCA’s qui tam provisions, whereby a private citizen can bring a lawsuit on behalf of the government. The underlying failures alleged in the settlement occurred between 2018 and 2023. The DOJ formally intervened in the case on October 23, 2024 and notified the court that it settled with Penn State.

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Ninth Circuit Says Section 230 Preempts “Defective Design” Claims–Doe v. Grindr

Eric Goldman

Even though the legal system punished the wrongdoers, the lawsuits continue. The district court dismissed the case. The Ninth Circuit affirms every point of the district court’s decision. The court says that Grindr’s claim is not a specific promise, is too general to be enforced (I guess it’s like puffery?)

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2024 Internet Law Year-in-Review

Eric Goldman

9) Supreme Court Tamps Down on Jawboning and Government Social Media Lawsuits. The Supreme Court is taking a steady stream of Internet Law cases, a trend that will continue for some time. Tomorrow, the Supreme Court will hear the TikTok ban, and Wednesday, the Supreme Court will hear Free Speech Coalition v.

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