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.

Defendant 78

Defendant Judge Court Hearing 78

CaseFox

NOVEMBER 27, 2023

Exposure lawsuits, a legal avenue that addresses harm resulting from exposure to hazardous substances or conditions, have witnessed a dynamic evolution over the years. In this blog post, we will take you on an interesting journey embarking on the trends, challenges, and future possibilities related to exposure lawsuits.

Lawsuit 52

Lawsuit Defendant Litigator Litigation 52

Eric Goldman

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. One defendant fought back.

Court 120

Court Defendant Judge Lawsuit 120

Eric Goldman

FEBRUARY 7, 2024

This lawsuit seeks to hold Letgo liable for the murders. ” The court summarized: According to plaintiffs, Letgo created an illusion that accounts like Mr. Brown’s could be trusted but undertook no actual verification procedures. The court again rejects for lack of causation. Negligence. Consumer Protection Act. Letgo, Inc.

Lawsuit 95

Lawsuit Machine learning Court Defendant 95

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.

Lawsuit 52

Lawsuit Defendant Judge Court 52

LawSites

MARCH 26, 2024

In a lawsuit filed this week in federal court in Manhattan, the former chief operating office of a legal technology company claims she was fired after attempting to exercise stock options valued at over $1 million. The defendants have not yet filed an answer in the lawsuit.

Lawsuit 54

Lawsuit Defendant Legal tech Legal tech 54

Eric Goldman

DECEMBER 10, 2023

.” For reasons unclear to me, the plaintiff thought it would be a good idea to sue Amazon over its competitors’ alleged misdeeds, going so far to breathlessly issue a press release that it had “filed a $500 million lawsuit against tech giant Amazon.” Cites to McCarthy v. Amazon , Ratermann v. Pierre Fabre , Eberhart v.

Lawsuit 63

Lawsuit Defendant Failure-to-appear Court 63

Justia Legal Marketing & Technology blog

MAY 4, 2023

Federal statutes do not provide clear answers to these questions, so courts will need to confront them. Already, lawsuits involving AI-generated works have been filed in federal courts from coast to coast. This free database provides public records of lawsuits in federal trial and appellate courts.

Lawsuit 79

Lawsuit Intellectual Property Court Defendant 79

CaseFox

APRIL 13, 2023

Personal injury claims are lawsuits filed by individuals who have been injured due to the negligence or intentional actions of another person or entity. However, not all personal injury claims are successful in court. Here are the top reasons why personal injury claims fail in court.

Court 98

Court Defendant Lawsuit Attorney 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.

Intellectual Property 103

Intellectual Property Lawsuit Defendant Judge 103

Eric Goldman

JANUARY 30, 2024

, Atari sought a preliminary injunction, which the court denies because “Atari has not shown that it is likely to succeed on the merits.” ” In support of Printify’s position, the court summarizes: Printify does not design the products, does not manufacture or print the products, and does not ship the products.

Lawsuit 75

Lawsuit Court Judge Defendant 75

Eric Goldman

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels). The supervising judge agrees. Volitional Conduct.

Defendant 99

Defendant Lawsuit Judge Court 99

Eric Goldman

MARCH 11, 2024

The court says that three aspects of the contributory copyright infringement claim survive Twitter’s motion to dismiss. The court says the tweeter does any “transmitting,” not Twitter or the viewer. The court says the tweeter does any “transmitting,” not Twitter or the viewer.

Lawsuit 77

Lawsuit Court Defendant Hearing 77

Brett Trout

MAY 6, 2024

The seller then has four options: 1) ignore the APEX Agreement; 2) opt into the APEX program and proceed with a third-party determining whether the product likely infringes the patent; 3) resolve the claim directly with the patent owner; or 4) file a lawsuit for declaratory judgment of noninfringement.

Lawsuit 52

Lawsuit Dispute resolution Court Defendant 52

Eric Goldman

SEPTEMBER 10, 2023

” (Technically, the defendants in this case are enumerated on “Exhibit 1” instead of “Schedule A,” but same thing). The court describes the phenomenon: This case is one of many in the Northern District of Illinois’s “cottage industry” of “Schedule A” cases. The defendant sold the flag below it.

Court 79

Court Defendant Judge Litigator 79

Eric Goldman

SEPTEMBER 18, 2023

The defendants run a call-center service that attracts prospective legal clients and then makes compensated referrals of the prospective clients to lawyers. The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. The court redacts the denominator, so we can’t compute the fraction).

Lawsuit 81

Lawsuit Defendant Court Judge 81

Justia Legal Marketing & Technology blog

FEBRUARY 27, 2024

The Arizona Supreme Court held in January 1976 that the trial court had the power to assert the privilege in the absence of the person who made the confession. Financial provisions in the agreement also may describe the payment of court costs or any other expenses beyond the attorney’s fee.

Lawyer 80

Lawyer Mediator Lawsuit Defendant 80

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 98

Defendant Judge Failure-to-appear 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.”

Judge 86

Judge Defendant Court e-records 86

LawSites

DECEMBER 1, 2021

The pandemic caused civil courts in the United States to adopt technology at an unprecedented pace and scale, improving participation in court proceedings and helping users resolve disputes more efficiently. Pew researchers examined pandemic-related emergency orders issued by the supreme courts of all 50 states and Washington, D.C.

Court 116

Court e-filing Notary Hearing 116

Eric Goldman

DECEMBER 30, 2023

For unclear reasons, Kelly Toys expanded the litigation to add online marketplaces Alibaba and AliExpress as defendants. Normally, SAD Scheme rightsowners don’t sue online marketplaces because that brings in well-funded and highly motivated defendants who will jack up the litigation costs substantially. This is an unusual move.

Defendant 71

Defendant e-discovery Lawsuit Court 71

Eric Goldman

MAY 13, 2023

This is another lawsuit between personal injury law firms over competitive keyword ads. The defendant is the Bye, Goff firm, based in River Falls, Wisconsin with other in-state offices. The court says the plaintiff’s allegations sufficed for now. The court says this rejoinder has to wait until summary judgment.

Law firm 91

Law firm Lawsuit Law Law 91

CaseFox

OCTOBER 13, 2023

Legal pleadings are crucial documents for the proceedings in the court. They serve as a formal written document for communication between the parties that are involved in the lawsuit. A pleading is a formal written document that lawyers file within the courtroom as a part of the lawsuit. This crucial element is pleadings.

Defendant 52

Defendant Lawsuit Court Law 52

MatterSuite

DECEMBER 11, 2023

Pleadings are vital legal documents that initiate and define lawsuits. When a lawsuit is filed, it is the complaint (or the equivalent initial pleading) that outlines the plaintiff’s grievances or claims against the defendant. This gives the defendant an opportunity to prepare a response and defend themselves.

Defendant 52

Defendant Lawsuit Law Law 52

MatterSuite

DECEMBER 11, 2023

Pleadings are vital legal documents that initiate and define lawsuits. When a lawsuit is filed, it is the complaint (or the equivalent initial pleading) that outlines the plaintiff’s grievances or claims against the defendant. This gives the defendant an opportunity to prepare a response and defend themselves.

Defendant 52

Defendant Lawsuit Law Law 52

Legal Tech Blog

JANUARY 10, 2024

Meanwhile, the release of AI models trained on the Times ’ content has proven very lucrative for both Microsoft and OpenAI, the lawsuit states. It’s also asking the court to prevent OpenAI and Microsoft from training their AI models using its content, as well as remove the Times ’ work from the companies’ datasets.

Lawsuit 64

Lawsuit Defendant Legal tech Legal tech 64

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 63

Defendant Failure-to-appear Court Judge 63

Eric Goldman

JUNE 23, 2023

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. Sessions, 697 F. App’x 7 (D.C.

Lawsuit 80

Lawsuit Defendant Court Litigator 80

Eric Goldman

MARCH 12, 2023

The court’s 230 analysis is a little garbled, but 230 applies to third-party reviews. The court responds: “the nature of the information communicated by the letter grade would lead a reasonable person to believe that BBB was expressing an opinion.” .” Section 230. Defamation. Bureau, 2023 N.Y. LEXIS 958 (N.Y.

Defendant 101

Defendant Mediator Court Lawsuit 101

Eric Goldman

OCTOBER 8, 2023

This lawsuit involves a tragic and deadly fire at a VRBO rental. The court dismisses VRBO from the resulting lawsuit on Section 230 and other grounds. The court responds: the defendants merely transmit information provided by third-party property owners and in no way “develop” the content of the messages.

Defendant 71

Defendant Lawsuit Court Judge 71

Clio

MARCH 15, 2024

For any lawyer defending a client in a lawsuit, they require the ability to utilize a powerful tool in their arsenal–the motion to dismiss. A motion to dismiss is a motion filed on behalf of a defendant asking the court to dismiss the plaintiff’s case. federal court. What is a motion to dismiss? In some U.S.

Defendant 52

Defendant Hearing Court Lawsuit 52

Eric Goldman

FEBRUARY 22, 2024

With the CAS’s demise, both sides essentially bet that the courts would side with them. The appeals court rejected the vicarious claims but upheld the contributory claims. Vicarious Infringement The appeals court says that Cox lacked the requisite “direct financial interest” in subscribers’ infringements.

Defendant 103

Defendant Court Failure-to-appear Lawsuit 103

Eric Goldman

NOVEMBER 28, 2023

” 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. Schedule A Defendants My Declaration Identifying Emoji Co. The Piece concludes with some ideas about ways to curb the system. Emoji GmbH v.

Intellectual Property 69

Intellectual Property Defendant Litigator Litigation 69

Eric Goldman

JANUARY 11, 2024

I summarized: This lawsuit involves the freemium videogame “ Forge of Empires.” The court dismisses them all. The 9th Circuit reverses the district court on the Section 230 dismissal, but it proves inconsequential because all of the claims fail for lack of merit. I previously blogged this case in 2022.

Defendant 73

Defendant Court Litigator Litigation 73

Eric Goldman

AUGUST 12, 2023

.” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah sued the four defendants. The defendants filed an anti-SLAPP motion pursuant to Texas’ anti-SLAPP law (the Texas Citizens’ Participation Act (TCPA)). Matter of Public Concern. What’s Next?

Defendant 69

Defendant Lawsuit Court Attorney 69

CaseFox

OCTOBER 13, 2023

Legal pleadings are crucial documents for the proceedings in the court. They serve as a formal written document for communication between the parties that are involved in the lawsuit. A pleading is a formal written document that lawyers file within the courtroom as a part of the lawsuit. This crucial element is pleadings.

Defendant 40

Defendant Lawsuit Court Law 40

Eric Goldman

JANUARY 8, 2024

The court already sent that trademark claim to the jury ( my blog post on that ruling ). The court says the rival makes a trademark use in commerce by using the trademarks in its “metatags” (ugh). These omissions would be frustrating if the court didn’t reject the trademark owner on other grounds.

Lawsuit 78

Lawsuit Court Lawyer Litigator 78