Eric Goldman

MAY 28, 2025

The court summarizes: Plaintiff does not argue that Modlily appears in the product name or description of these listings, or anywhere on the webpage itself. Echoing Patmont, the court said the “post-domain path of a URL, however, does not typically signify source. Patmont was followed by Interactive Products Corp.

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Defendant Judge e-filing Court 57

Eric Goldman

JUNE 6, 2025

In April, the court ruled on Microsoft and OpenAI’s motions to dismiss. The lawsuit boils down to two key allegations, (1) OpenAI uses copyrighted content to train their LLMs, and (2) occasionally spews out copyrighted content in its answers to customer queries. The court agreed. Opinion at 17. Universal City Studios, Inc.,

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Defendant Court Lawsuit State law 65

Eric Goldman

NOVEMBER 17, 2024

.” The alleged “shared commonalities such as price, payment accounts, grammar, spelling, titles, and descriptions” were not argued in a way the court could understand, and it’s possible the defendants are all copying each other (or some third-party source) without cooperating.

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Judge Defendant Court Time-tracking 52

lennyesq

NOVEMBER 22, 2024

Probably not intentional, but ‘150 person-hours’ of work were still lost Brandon Vigliarolo The New York Times has filed a letter in its copyright infringement case against OpenAI and Microsoft, alerting the court that the ChatGPT maker accidentally deleted a bunch of data that may have been evidence. Read more…

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Lawyer Lawsuit Court 75

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. All of this discussion had a Righthaven vibe to it, and it ends up in the same place.

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Defendant Judge Lawsuit Court 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.

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Law Law Court Lawsuit 102

Eric Goldman

NOVEMBER 27, 2024

At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. violations; but I also think it’s clear this lawsuit is going to fail eventually. Their efforts have not been going well.

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Defendant Law Law Court 77

Eric Goldman

FEBRUARY 7, 2025

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 In a mild surprise, TikTok abandoned its Supreme Court appeal of the Anderson case, so that reconciliation will have to wait a bit longer).

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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

JULY 19, 2025

” Unfortunately, jurisdiction law in the Western District of Pennsylvania apparently diverges from the Northern District of Illinois, where courts have routinely accepted jurisdiction based on the availability of online storefronts or successful test buys. “the Court is unlikely to seal any filings.” ” Sealing.

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Judge Defendant Court Litigator 57

Eric Goldman

NOVEMBER 8, 2024

Schedule A Defendants Now Available: the Published Version of My SAD Scheme Article In a SAD Scheme Case, Court Rejects Injunction Over “Emoji” Trademark Schedule A (SAD Scheme) Plaintiff Sanctioned for “Fraud on the Court”–Xped v.

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Judge Defendant Lawsuit Court 80

Eric Goldman

MAY 12, 2025

[Note: lawsuits over takedown notice attacks occur occasionally. 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. Focus Camera, Inc.

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Court Defendant e-filing Lawsuit 52

Above the Law - Technology

MARCH 21, 2024

Ai.law , a legal technology startup that uses artificial intelligence to generate litigation documents, has added a new module that will draft the complaint to initiate a lawsuit. The product, which is in beta, generates a Microsoft Word document formatted for the federal court system.

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Lawsuit Legal tech Legal tech Defendant 315

Eric Goldman

MARCH 9, 2023

This paper explains the scheme, how it bypasses standard legal safeguards, how it’s affected hundreds of thousands of defendants, and how it may have cost the federal courts a quarter-billion dollars. The paper concludes with some ideas about ways to curb the system. I would welcome yours.

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Intellectual Property Lawsuit Defendant Judge 105

Trellis.Law Blog

MARCH 7, 2024

Approximately 41,000 civil lawsuits are filed daily in the U.S., Read Our Article… Continue reading → The post ⚡Primer on Using State Court Trial Data for Business and Competitive Intelligence first appeared on Trellis.Law Blog. and 97% circulate at the circuit and county level.

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Court Lawsuit Litigation Litigator 130

Global LegalTech Hub

JULY 23, 2024

Recently, the Guangzhou Internet Court ruled on the infringement of intellectual property rights by the creation of AI-generated images. Guangzhou Internet Court decision In its evaluation of the copyright protection for the image, the Court first highlighted the intellectual investment made by the plaintiff.

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Intellectual Property Court Lawsuit Law 130

Kevin O'Keefe

NOVEMBER 1, 2023

No one could have envisioned the “travelings” of a book, an article or a legal blog post. A searchable database revealed that thousands of books were used “without permission,” causing some authors to express outrage and even launch lawsuits against Meta. When successful, art exceeds its creator’s plans. So true in these days of AI.

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Lawsuit Law firm Court Lawyer 264

Trellis.Law Blog

MAY 31, 2023

Walker, a judge on the United States District Court for the Northern District of Florida, from presiding over Disney’s lawsuit… Continue reading → The post A Tale as Old as Time: Disney and DeSantis Battle in the Courts first appeared on Trellis.Law Blog.

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Court e-filing Lawsuit Judge 100

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.

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Intellectual Property Defendant Litigator Litigation 69

Eric Goldman

SEPTEMBER 26, 2024

In my previous post , I summarized: This lawsuit involves troubling allegations that Facebook executives ( allegedly , Nick Clegg, Nicola Mendelsohn, and Cristian Perrella) took bribes from OnlyFans-related entities to spike Facebook and Instagram posts that promoted competitors of OnlyFans. The plaintiffs’ allegations were sizzling.

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Court Judge Defendant Hearing 111

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. Having exhausted his arguments in court twice, he launched a third expedition against Section 230. Sessions, 697 F. App’x 7 (D.C.

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Lawsuit Defendant Court Litigation 110

Legal IT Group

APRIL 28, 2023

In March 2023, Meta Platforms lost a class action lawsuit against the Dutch Data Privacy Stichting in an Amsterdam court, acting in conjunction with the Consumentenbond, the Dutch Consumers’ Association. Those purposes must be clearly specified and communicated.” of the Dutch Telecommunications Act.

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Data protection Time-tracking Court Lawsuit 130

Eric Goldman

JULY 10, 2024

In the mid-2010s, plaintiffs filed about 20 lawsuits filed around the country seeking to hold social media services liable for allegedly facilitating terrorist attacks. Twitter, produced Supreme Court rulings last year. In light of that conclusion, the court declined to rule on the parallel Gonzalez v. Google and Taamneh v.

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Lawsuit e-filing Court Judge 98

Eric Goldman

DECEMBER 12, 2023

Every SAD Scheme lawsuit is problematic, though the specific reasons may differ. Each lawsuit creates dozens or hundreds of individual dramas, few of which receive any public scrutiny, and usually comes at the cost of due process and the rule of law. Independent lawsuits against 1,099 defendants would cost $440,000+ in filing fees.

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Defendant Lawsuit Judge Court 96

Eric Goldman

DECEMBER 4, 2023

In the lawsuit I’m covering today, Roblox named over 250 defendants. The court says “none of Bigfinz’s t-shirts were sold in Illinois.” The court says that’s not good enough; “the online retailer generally must have sold at least one product in Illinois for personal jurisdiction to exist here.”

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Defendant Judge Lawsuit Court 116

Lawmatics

SEPTEMBER 13, 2023

There are more than 40 million lawsuits in the United states alone every year. And only 2% of those will ultimately proceed with a lawsuit. Contract and small claims cases comprise the bulk of the civil caseload, and unfortunately, most of these lawsuits are baseless claims, also known as frivolous lawsuits.

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Lawsuit Defendant Judge Failure-to-appear 52

Clio

JANUARY 24, 2024

This issue—the source of LLM learning—was put front and center when the New York Times recently brought a federal copyright infringement lawsuit against OpenAI (the creator of ChatGPT) and Microsoft. The lawsuit alleges that OpenAI used copyrighted articles from the New York Times to create “substitutive products” without their consent.

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Machine learning Lawsuit Due diligence Lawyer 52

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 dismisses Bloom’s lawsuit against US Weekly. The court says these allegations aren’t enough to satisfy the actual malice standard. Defamation.

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Failure-to-appear Defendant Lawsuit Court 98

Vogel IT Law

DECEMBER 29, 2023

BankInfoSecurity.com reported “Google reached a preliminary settlement in a class action lawsuit that alleged the tech giant had misled consumers about their privacy protections when using the private browsing Incognito mode of its Chrome web browser.” ” Since +95% of all lawsuit settle without trial this is no surprise!

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Lawsuit Mediator Litigation Litigator 52

Eric Goldman

JANUARY 4, 2024

The court ruled on Hyponix and NinjaSafe’s requests for damages from the bond, dismissal with prejudice, and attorneys’ fees. The court pays out some of the bond but rejects the other relief. The court noted the deficiencies in the defendants’ alleged infringement. Proximate Damage.

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Defendant Judge e-filing Lawsuit 98

Legal Tech Monitor

MARCH 7, 2024

Approximately 41,000 civil lawsuits are filed daily in the U.S., Read Our Article. Continue reading → The post ⚡Primer on Using State Court Trial Data for Business and Competitive Intelligence first appeared on Trellis.Law Blog. and 97% circulate at the circuit and county level.

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Court Lawsuit Litigation Litigator 52

Eric Goldman

APRIL 28, 2024

” 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. Given that plaintiffs often need the filing fee savings to make SAD Scheme cases cost-effective, I expect this lawsuit to dissolve completely.

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Defendant Judge Lawsuit Court 98

Eric Goldman

FEBRUARY 18, 2024

You may have heard about Squishmallow’s recent lawsuit against Build-a-Bear over plushy knockoffs. 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.”

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Judge Defendant e-records Court 111

Eric Goldman

JULY 19, 2024

I wonder if the court realized just how much money would be affected by its earlier orders? The court is confused enough by the mismatch between actual damages claim and the apparent profit to deny the plaintiff summary judgment. Courts often tolerate detail-less allegations like this, but they shouldn’t.

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Defendant Judge Court Lawsuit 96

Eric Goldman

MARCH 8, 2024

First, the trademark rules on the street can differ widely from the doctrines drawn up in appellate courts. The rule of law is nominally satisfied if the defense gets an opportunity to correct those errors, but in practice the SAD Scheme TRO often has irreparable consequences, and further proceedings in the court are irrelevant.

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Defendant Judge Failure-to-appear Court 111

Law Technology Today

APRIL 13, 2023

Public access to court data through automated collection of online court records is a fundamental First Amendment right and it is critical to meaningful access to the United States legal system. The recent ruling in South Carolina State Conference of the NAACP v.

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Court Legal technology Legal technology e-records 57

Eric Goldman

FEBRUARY 21, 2024

” [A reminder that court-ordered identity and age verification requirements likely violate the First Amendment; the other claims may do so as well.] The court responds: The result in Lemmon makes sense, of course, because the plaintiffs there did not attempt to hold the defendant liable for publication of third-party content.

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Defendant Failure-to-appear Court Judge 95