Eric Goldman

OCTOBER 28, 2024

The court’s reaction is predictable if chilling. Rather than turning the analysis on formation issues, the court strikes down Ticketmaster’s efforts as unconscionable–and the weak formation practices exacerbate the unconscionability problem. I still teach the 2007 Ticketmaster v. Case Citation : Heckman v.

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Failure-to-appear Court Defendant Law 95

Eric Goldman

OCTOBER 24, 2024

By guest blogger Tyler Ochoa This month, the Copyright Claims Board released its quarterly report of “Key Statistics,” covering the period from June 2022 (when it began operation) through September 2024 (9 quarters, or 27 months). Here are a few highlights from the report: 1.

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Defendant Court Law Law 98

Debevoise Data Blog

FEBRUARY 14, 2025

In a ruling with potential implications for other pending generative artificial intelligence (AI) copyright cases, the United States District Court for the District of Delaware in Thomson Reuters Enterprise Centre GmbH & West Publishing Corp. The parties then filed renewed motions for summary judgment in October 2024.

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Court Intellectual Property Defendant Legal research 52

Eric Goldman

FEBRUARY 16, 2025

At this point, I’ve not paid close attention to the proceedings because everything at the district court level is a rehearsal for the inevitable appellate court review. I’m sure the appellate court will be eager to docket this one. A reminder: this lawsuit is a battle royale. They will need to clear their calendar.

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Defendant Court Litigation Litigator 57

Eric Goldman

APRIL 7, 2025

The defendant Binello made a popular Roblox game called MeepCity allegedly visited 1B times: The game included a feature that allowed users to gather and talk with each other in a pizzeria, which included a piano that users could play to earn points within the game. On this basis, the court distinguished VHT v.

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Defendant Court Judge Law 86

Berkley Technology Law Journal

MARCH 21, 2024

2024 In an industry ruled by trends, the nature of quiet luxury brands radically challenges how we view usage of trademarks in fashion. Ruling on trademark rights over colors, the Supreme Court in Qualitex v. US courts typically require a heavy burden of proof to establish distinctiveness of a trademark. By Devangini Rai LL.M.

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Civil trial Court Defendant Law 246

Eric Goldman

APRIL 28, 2024

299 limits joinder in patent cases to defendants who infringe using “the same accused product or process.” ” Congress enacted this requirement to restrict patent trolls who were filing lawsuits against defendants who had nothing in common but the allegation that they were infringing the same patent. 35 U.S.C. §

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Defendant Judge Lawsuit Court 98

Eric Goldman

APRIL 1, 2024

The court summarizes the allegations: Roblox has a virtual currency designed for use on its platform called “Robux.” The court is unpersuaded. The court doesn’t appreciate this argument: these are children we’re talking about. 2024 WL 1268420 (N.D. March 26, 2024). Negligence. Case Citation : Colvin v.

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Defendant Failure-to-appear Court Hearing 98

Eric Goldman

MAY 31, 2024

Microsoft’s filings made some unredacted disclosures about Medina that were repeated in an unredacted court opinion, and those documents appeared on several websites that publish court documents. He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more.

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Court Defendant Lawsuit Legal research 106

Eric Goldman

JANUARY 4, 2024

The plaintiff sued 163 defendants for online marketplace sales and got an ex parte TRO, including Amazon account freezes. After a couple of defendants showed up, the judge denied a TRO extension because of the possible lack of merit in the plaintiff’s infringement allegations. Then, the case fell apart. Proximate Damage.

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Defendant Judge e-filing Lawsuit 98

Eric Goldman

SEPTEMBER 11, 2024

In my prior post on this case , I covered how the court denied efforts to enjoin the Utah law on Section 230 and dormant commerce clause grounds. And as expected, the court indeed enjoined the law on First Amendment grounds. The court rejects the state’s evidence about the purported harms of social media usage.

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Court Defendant Judge Law 106

Eric Goldman

JANUARY 21, 2024

“Plaintiff alleges Defendants downloaded and copied Plaintiff’s copyrighted materials from YouTube, and then re-uploaded infringing versions of Plaintiff’s copyrighted media content to their YouTube channels.” ” Viral DRM sued 20 defendants enumerated in a Schedule A and got an ex parte TRO. Jurisdiction.

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Defendant Judge Court Hearing 78

Debevoise Data Blog

FEBRUARY 4, 2025

As we previewed in our 2024 AI year in review , one of the big areas to watch in 2025 will be how much discovery courts are prepared to order into the inner workings of AI companies, especially in the face of arguments that discovery would reveal trade secrets or would be overbroad in cases based on specific claimed works.

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Intellectual Property Defendant Court Judge 52

Debevoise Data Blog

NOVEMBER 12, 2024

24 CV 01514-CM, 2024 WL 4711729 (S.D.N.Y. To plead a violation of Section 1202(b), a copyright holder must also establish that the defendant knew, or had reasonable grounds to know, that their actions would “induce, enable, facilitate, or conceal” copyright infringement. Raw Story Media, Inc. OpenAI Inc. , Ice Portal, Inc., 736, 214 L.

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Intellectual Property Defendant Failure-to-appear Litigation 52

Eric Goldman

SEPTEMBER 26, 2024

After hearing this allegation at least twice, the Court instructed plaintiffs’ counsel to go present proof of such a bribe and to specifically subpoena the banks that were allegedly involved in laundering the bribe. This is the basic reason that summary judgment, at long last, must be GRANTED to Meta defendants.

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Court Judge Defendant Hearing 111

Eric Goldman

NOVEMBER 17, 2024

[Note: the defendants in this case are enumerated on an “Annex A” instead of “Schedule A.” Judge Harjani says the plaintiff’s papers contain “a fair amount of conclusory language about a logical relationship among all defendants but not much, if any, facts to actually support that relationship.”

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Judge Defendant Court Time-tracking 52

Eric Goldman

JULY 21, 2024

Google LLC , 2024 WL 3427161 (D. July 16, 2024) Lance Benedict is a musician. “A defendant does not “use” a plaintiff’s mark to [infringe] when the defendant merely provides a search engine service that allows third parties to search using the plaintiff’s mark. 2024 WL 3421685 (Mass. Benedict v.

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Lawsuit Failure-to-appear Defendant Court 98

Eric Goldman

NOVEMBER 21, 2024

Samuels sued the Lido DAO, but a shadowy entity (Dolphin CL, LLC) defended the Lido DAO on the grounds that the DAO wasn’t an entity at all; it is just software code. The court is not persuaded: “Lido’s alleged actions are not those of an autonomous software program—they are the actions of an entity run by people.”

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Defendant Court Software Law 52

Eric Goldman

MARCH 20, 2025

The plaintiffs claim that purchasing the defendant’s initial loss leader offering caused the plaintiffs to subscribe to a hidden monthly recurring charge. Invoking the arbitration clause in the TOS, the defendant sought to send the lawsuit to arbitration. The 2024 district court opinion. Case Citation : Seneca v.

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Defendant Court Lawsuit Law 52

Eric Goldman

JULY 30, 2024

The user took the matter to court (pro se), where the lawsuit failed: Contract Breach. “Plaintiff does not allege any facts indicating that Defendant was contractually prohibited from removing her Google account.” “Defendant Google is a private business, not a state actor.” July 26, 2024).

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Defendant Lawsuit Court Litigation 108

Brett Trout

FEBRUARY 5, 2025

Brett Trout In a recent decision by the Court of Appeal of the Unified Patent Court (CoA) dated December 20, 2024, the court underscored the critical importance of precise patent drafting. The case involved Alexion Pharmaceuticals, Inc., The patent claims covered a string of amino acids.

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Court Litigation Litigator Attorney 52

Eric Goldman

JULY 9, 2024

.” The Rehabilitation Act “does not apply to defendants who are private entities that do not receive federal funds.” ” With respect to the Unruh Act, the plaintiffs “alleges no facts to support that the Meta defendants engaged in intentional discrimination.” 2024 WL 3325389 (9th Cir.

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Defendant Court Lawsuit Law 98

Eric Goldman

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). Note: this case is functionally moot because the defendant, Sunfrog, is already defunct. The question on the table is supposed to be: did the defendant take a legally significant action that resulted in the infringement?

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Defendant Judge Lawsuit Court 120

Eric Goldman

JUNE 12, 2024

had been mostly invisible in court opinions. recently started showing up more in court opinions–but not necessarily in a good way. of their cases in state court. I can only see the cases filed in or removed to federal court, and only then when the cases trigger one of my alerts. 2024 WL 1430251 (C.D.

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Court Defendant Law Law 75

Brett Trout

FEBRUARY 18, 2025

Nintendos Legal Crusade Between 2022 and 2024, Nintendo launched numerous lawsuits and legal actions, shutting down fan projects, modding communities, and emulator developers. This legal onslaught raises important questions about patent enforcement, fair competition, and the broader impact on the gaming community.

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Intellectual Property Lawsuit Litigation Litigator 52

Eric Goldman

MAY 8, 2024

The court concludes that this as a surprisingly easy Section 230 dismissal: ICS Provider. “Courts within the Second Circuit have routinely found that social media websites and online matching services are interactive computer services.” ” Cites to Mosha v. Publisher/Speaker Claims. Publisher/Speaker Claims.

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Failure-to-appear Defendant Judge Court 105

Eric Goldman

FEBRUARY 18, 2024

The court says, per Taamneh v. Twitter , “the Court [referring to himself in the third person] paid insufficient heed to the requirement that Kelly Toys provide proof of the Alibaba Defendants’ knowledge.” The Court’s contempt Order was therefore improper under Rule 65(d)(2)(C) and must be vacated.

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Judge Defendant e-records Court 111

Eric Goldman

SEPTEMBER 29, 2024

The defendants sought to overturn the jury verdict. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” This was evident with Defendants’ “Create-A-Superstar” feature which enabled a user to take the tattoos and apply them to their own custom wrestler avatar. ” Really?

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Defendant Intellectual Property Court Judge 116

Clio

FEBRUARY 21, 2025

This includes survivors, witnesses, criminal defendants, and convicts. Many trauma-informed practices have already been implemented in court systems that deal with sensitive populations, such as juveniles or military veterans. Judge Pratts tips are valuable not only for those working in the courts but also for lawyers and their staff.

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Defendant Court Judge Attorney 52

Eric Goldman

MARCH 19, 2024

Here’s the court’s entire Section 230 “analysis” (as opposed to its recap of the parties’ arguments): plaintiff has set forth sufficient facts with regard to each defendant to allege viable causes of action under a products liability theory.

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Defendant Judge Court Litigation 112

Eric Goldman

AUGUST 27, 2024

I believe that’s because the court and parties are battling over redactions. Plaintiff further alleges that Defendants knew they were collecting biometric data from Illinois citizens, including children, in violation of Illinois state law.” The court shrugs its shoulders. 2024 WL 3842563 (W.D.

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Lawsuit Defendant Court State law 98

Eric Goldman

FEBRUARY 11, 2024

The plaintiff doesn’t indicate whether or not WGNAFM’s photo usage was licensed, but the court seemingly wouldn’t care if it was. Breitbart , the court says that “reposting” on “social media” is enough to find copyright infringement in a default judgment. All excellent points. It no-showed.

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Defendant Court Litigation Litigator 115

Eric Goldman

JULY 19, 2024

Take a look at the numbers: Amazon restrained $155k+ of the defendant’s money. That’s just for one of the many defendants in this case. I wonder if the court realized just how much money would be affected by its earlier orders? “Defendant admits that it profited $32.30 Would fair use apply?

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Defendant Judge Court Lawsuit 96

Eric Goldman

SEPTEMBER 28, 2024

The plaintiff claims that the defendant company is engaging in a form of corporate identity theft, trading on its license number, and that Angi promoted the interloper as a certified contractor without doing proper verification. Angi unsuccessfully defends on Section 230 grounds. Encor Solar LLC, 2024 WL 4062051 (D.

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Lawsuit Failure-to-appear Defendant Court 106

Eric Goldman

APRIL 3, 2024

The US government brought a civil lawsuit against the defendants for 203 violations. A reminder that if the US government had prosecuted the defendants for violating the Clean Air Act, Section 230 would have been irrelevant (it doesn’t apply to federal criminal prosecutions). The defendants sell this hardware. It doesn’t work.

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Lawsuit Defendant Court Software 98

Eric Goldman

JUNE 7, 2024

The court dismisses Bloom’s lawsuit against US Weekly. The court says these allegations aren’t enough to satisfy the actual malice standard. Unfortunately, the photo US Weekly used wasn’t of Zilis, it was of the plaintiff Amanda Bloom, a former roommate of Zilis. Defamation.

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Failure-to-appear Defendant Lawsuit Court 98

Eric Goldman

JUNE 1, 2024

The plaintiff sued many defendants. The court dismisses the claims on their prima facie elements as well as Section 230. The court dismisses the claims on their prima facie elements as well as Section 230. Moreover, other courts have reached the same conclusion.” State Dep’t of Health, 2024 U.S.

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Defendant Court Law Law 96