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Court Overturns a Bad Jury Verdict Against Scraping–Ryanair v Booking (Guest Blog Post)

Eric Goldman

The JMOL had two primary conclusions: First , that the CFAA has extraterritorial application, and therefore it was appropriate for this court to apply the CFAA here. By the time trial rolled around, this case involved only an Irish plaintiff (Ryanair) and a Dutch defendant (Booking.com B.V.). But this court says, not so.

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Nike vs. Lululemon: The Battle Over Flyknit Technology

Brett Trout

Nikes History of Defending Its Patents Nike is no stranger to intellectual property lawsuits. The sportswear giant has sued multiple competitors over its Flyknit technology, including: Adidas (2021) Nike accused AdidasPrimeknitshoes of infringing on Flyknit patents. The lawsuit was settled in 2021. The case was settled in 2022.

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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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Ticketmaster’s Attempt to Game Arbitration Services Fails–Heckman v. Live Nation

Eric Goldman

Ticketmaster changed the Terms on its website on July 2, 2021, requiring all website users to agree to arbitration under New Era’s Rules. The court’s reaction is predictable if chilling. I note that Ticketmaster is a special defendant due to their decades-long efforts to stretch/hork online contract formation law.

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Lessons Learned from 2024 and the Year Ahead in AI Litigation

Debevoise Data Blog

A look back at 2024 shows that plaintiffs are learning from the initial wave of cases filed against AI developers, and that plaintiffs are now adapting their claimsas well as the defendants they are suingto meet the shifting legal terrain. 1] Proving Defendants Use of Training Data Inputs.

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Why Lululemon May Win the Trademark Battle with Costco, but End Up Losing the War

Brett Trout

But instead of getting public support, Lululemon is facing an uphill battle in the court of public opinion. Lululemon is asking the court to: Stop Costco from selling the alleged knockoffs Remove ads and marketing for the items Award Lululemon damages for lost profits What is Trade Dress? What is the Lawsuit About?

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In 2025, One of the Biggest AI Risks Is Not Letting Employees Use AI – Lessons from Off-Channel Communications

Debevoise Data Blog

Off-Channel Risk Is Real From 2021 until early 2025, the SEC and CFTC conducted investigations into off-channel communications into dozens of asset managers and broker-dealers, resulting in more than $3 billion in total penalties. 3] As these matters reflect, mobile messaging is a widespread and routine method of business communication.