Eric Goldman

MAY 28, 2025

The plaintiff, a fast-fashion vendor operating under the brand Modlily, filed a complaint under seal against 20 defendants, got an ex parte TRO and asset freeze, and rolled to an unopposed preliminary injunction. Echoing Patmont, the court said the “post-domain path of a URL, however, does not typically signify source.

Defendant 57

Defendant Judge e-filing Court 57

Eric Goldman

JUNE 6, 2025

Though Microsoft is the named defendant in the case, the real players here are the New York Times and OpenAI. In April, the court ruled on Microsoft and OpenAI’s motions to dismiss. Notably, New York Times reporter Cade Metz wrote an article about what OpenAI was doing more than three years before the filing of the complaint.

Defendant 65

Defendant Court Lawsuit State law 65

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.”

Judge 52

Judge Defendant Court Time-tracking 52

Clio

MARCH 6, 2025

A motion for a change of venue is a legal request where a case is transferred from one court jurisdiction to another to ensure a fair trial and avoid bias or undue influence. Improper venue : If your case was initially filed in a jurisdiction lacking proper legal authority or was filed to the wrong court, it could be transferred.

Hearing 52

Hearing Judge Court Litigator 52

Legal Expert Connections

JUNE 16, 2025

Whether the issue involves valuation disputes, lost profits, or allegations of financial fraud, attorneys rely on forensic accountants to provide the objective, analytical firepower needed to build or defend a case. This article addresses the topic of forensic accounting marketing.

Attorney 52

Attorney Litigator Litigation Divorce lawyer 52

Eric Goldman

JULY 9, 2025

But the rise in dupes has brought a corresponding rise in dupe lawsuits, or at least lawsuits that offer up defendants’ or consumers’ use of the term “dupe” as evidence of confusing similarity or intent to deceive. For those who would like a larger explanation of this point, see Part I(B)(1) of this article.)

Failure-to-appear 113

Failure-to-appear Lawsuit Intellectual Property Court 113

Eric Goldman

MARCH 4, 2025

The court says that Viral DRM’s exclusive “management” rights is not the same as ownership or an exclusive license to the copyright. The court says that Viral DRM doesn’t have standing to enforce the copyright. Schedule A Defendants Judge Rejects SAD Scheme JoinderToyota v. Seven West Media Ltd.,

Defendant 52

Defendant Judge Lawsuit Court 52

The Barrister

NOVEMBER 22, 2024

2 A pre-trial diversion program is a legal mechanism that postpones the criminal process to give the defendant a chance to receive rehabilitation or treatment. Third, the court must determine that the individual’s symptoms can be treated effectively with the proposed plan. The Sol Blatt, Jr.

Dispute resolution 40

Dispute resolution Defendant Court Law 40

Eric Goldman

JANUARY 6, 2025

On the day before the law’s effectiveness, the district court enjoins parts of the law but says that other parts may be constitutional. The court subsequently enjoined all upheld provisions until February 1 to see if the Ninth Circuit will extend the injunction pending its review. The court says that’s not so.

Court 52

Court Judge Law Law 52

Eric Goldman

JANUARY 9, 2025

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.

Law 102

Law Law Court Lawsuit 102

Eric Goldman

FEBRUARY 7, 2025

Plaintiffs will still opt into the Third Circuit, so the Fourth Circuit’s sanity-check won’t save many defendants. However, it’s another indicator that circuits outside the Third are likely to disagree with the Anderson ruling, virtually ensuring the conflict will reach the Supreme Court. (In The court says: M.P.

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Judge Court Defendant Lawsuit 64

Debevoise Data Blog

JUNE 4, 2025

Now, courts will have the benefit of a “pre-publication” version of the Copyright Office’s long-awaited Report on Generative AI Training (the “May 2025 Report”). Adding to the uncertainty, the day after the pre-publication report was released, the Trump administration dismissed the Register of Copyrights—a move she is challenging in court.

Intellectual Property 52

Intellectual Property Court Time-tracking Failure-to-appear 52

Eric Goldman

NOVEMBER 8, 2024

Immediately after the plaintiff filed its papers on November 1, Judge Daniel sua sponte issues an order that starts: experience has shown that not all defendants named in a Schedule A case work together. ” However, the complaints rarely or never back up this claim with any defendant-specific supporting facts. Alibaba N.D.

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Judge Defendant Lawsuit Court 80

Eric Goldman

MAY 12, 2025

The district court dismisses some of GM’s claims but allows others to proceed. Defamation The court says that GM may proceed with a per se defamation claim based on the takedown notices’ alleged injury to its business reputation. Fackrell’s article ). ” Um, no. This is a battle between Amazon merchants.

Court 52

Court Defendant e-filing Lawsuit 52

Eric Goldman

MARCH 14, 2023

This case involves an article that allegedly defamed Dr. Janet Monge. Dr. Deborah Thomas, a Penn professor, forwarded the article to an email list run by the American Black Anthropologists. Dr. Monge sued Dr. Thomas (and many other defendants). ” Dr. That aspect remains pending with the US Supreme Court.

Defendant 133

Defendant Judge Court Law 133

Eric Goldman

DECEMBER 4, 2023

In the lawsuit I’m covering today, Roblox named over 250 defendants. If that’s true with the other 18 cases, Roblox may have sued 4,000+ defendants using the SAD Scheme. Hierl was the lead counsel on the Emojico case I opined on in 2021.] * * * Jurisdiction The defendant Bigfinz sells t-shirts. Seriously, Roblox?

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Defendant Judge Lawsuit Court 116

Above the Law - Technology

MARCH 21, 2024

The product, which is in beta, generates a Microsoft Word document formatted for the federal court system. Users in state courts will have to customize the formatting to fit local requirements. Defendant’s misgivings, meaning any facts that might demonstrate the defendant’s lack of character or empathy.

Lawsuit 315

Lawsuit Legal tech Legal tech Defendant 315

Eric Goldman

DECEMBER 12, 2023

.” Some details about its lawsuit: Betty’s Best sued 1,099 defendants in a single complaint. As usual, the Schedule A provides threadbare information about each defendant. Why did Betty’s Best name “only” 1,099 defendants on this one complaint? The court reduced the asset freeze from $21M to $2M.

Defendant 96

Defendant Lawsuit Judge Court 96

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. §

Defendant 98

Defendant Judge Lawsuit Court 98

Eric Goldman

MARCH 9, 2023

” The abstract: This paper describes a sophisticated but underreported system of mass-defendant intellectual property litigation called the “Schedule A Defendants Scheme” (the “SAD Scheme”), which occurs most frequently in the Northern District of Illinois as a way to target Chinese online marketplace vendors. Free RSVP!

Intellectual Property 105

Intellectual Property Lawsuit Defendant Judge 105

Berkley Technology Law Journal

MARCH 21, 2024

Ruling on trademark rights over colors, the Supreme Court in Qualitex v. Jacobson Products held that a trademark can be asserted on colors that have a distinguishing function without any other significant function such as affecting the cost or quality of the article. In Wal-Mart Stores Inc.,

Civil trial 246

Civil trial Defendant Court Law 246

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.

Defendant 98

Defendant Judge e-filing Lawsuit 98

Legal IT Group

MAY 17, 2023

Recently, the Cologne District Court ruled that a German mobile operator’s use of Google Analytics violated the GDPR’s requirements for international data transfers. The Cologne District Court ruling only applies to the defendant in the case, Telekom Deutschland GmbH.

Analytics 130

Analytics Court Data protection Defendant 130

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

Eric Goldman

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” ” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts.

Intellectual Property 69

Intellectual Property Defendant Litigator Litigation 69

Eric Goldman

SEPTEMBER 26, 2024

To support these wild-sounding conspiracy claims, the plaintiffs pointed to a BBC article that relied on anonymous whistleblowers and various anonymous tips. This is the basic reason that summary judgment, at long last, must be GRANTED to Meta defendants. This case got assigned to Judge Alsup’s courtroom. LEXIS 171462 (N.D.

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Court Judge Defendant Hearing 111

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? Alibaba N.D.

Defendant 96

Defendant Judge Court Lawsuit 96

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.

Judge 111

Judge Defendant e-records Court 111

Eric Goldman

MARCH 8, 2024

The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. First, the trademark rules on the street can differ widely from the doctrines drawn up in appellate courts.

Defendant 111

Defendant Judge Failure-to-appear Court 111

Eric Goldman

JUNE 7, 2024

US Weekly published two articles on the story and posted to Instagram. The court dismisses Bloom’s lawsuit against US Weekly. The court says these allegations aren’t enough to satisfy the actual malice standard. First, the plaintiff didn’t connect this lack of diligence to the article’s author.

Failure-to-appear 98

Failure-to-appear Defendant Lawsuit Court 98

Eric Goldman

AUGUST 22, 2023

district court granted summary judgment for the Copyright Office in Thaler v. copyright law protects only works of human authorship, and the defendant, Stephen Thaler, expressly told the Copyright Office that the work at issue, titled “A Recent Entrance to Paradise,” “lack[ed] traditional human authorship.” Perlmutter , No.

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Court Defendant State law Software 98

LLRX

MAY 8, 2022

On a weekly basis Pete Weiss highlights articles and information that focus on the increasingly complex and wide ranging ways technology is used to compromise and diminish our privacy and online security, often without our situational awareness.

Defendant 105

Defendant Court Intellectual Property Law 105

Trial Technology

SEPTEMBER 23, 2016

The graphic shown above might offer a foreshadowing, or perhaps even an executive summary of the remainder of this article – or at least my opinion of some parts of the show. Although I am confident there is some attorney out there with the perfect case for this, I do not plan on ever using it as a demonstrative in court.

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Trial presentation Defendant Attorney Litigator 130

Eric Goldman

APRIL 3, 2023

VIP Products LLC ] A trademark dispute at the Supreme Court involving a dog chew toy and a famous brand of whisky may have serious implications for trademark and free speech rights. During oral arguments at the Supreme Court on March 22, 2023 in Jack Daniel’s Properties, Inc.

Defendant 116

Defendant Judge Court Litigator 116

Eric Goldman

JUNE 23, 2023

This article gives some background on Fyk’s story). His lawsuit against Facebook was dashed by Section 230 in the district court. The Supreme Court denied cert. Thereafter, he tried to vacate the district court decision, which triggered a new cycle of rejection by the district court, the 9th Circuit, and the Supreme Court.

Lawsuit 110

Lawsuit Defendant Court Litigator 110

Eric Goldman

FEBRUARY 21, 2024

Snapchat successfully defends on Section 230 grounds. ” [A reminder that court-ordered identity and age verification requirements likely violate the First Amendment; the other claims may do so as well.] Alternatively, the court could have said that the plaintiffs have no claim without relying on third-party content.

Defendant 95

Defendant Failure-to-appear Court Judge 95

Eric Goldman

FEBRUARY 12, 2024

We’ve blogged some of his cases before ( 1 , 2 ), including the lower court ruling in this case. In 2016, the defendant IJR published an article/listicle titled “15 Signs Your Daddy Was a Conservative.” The defendant did not give the specified attribution. ” The district court granted summary judgment to IJR.

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Court Defendant Judge Attorney 105