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Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta

Eric Goldman

The court summarizes: “Meta claims that it raised issues with Plaintiffs, including “nominative fair use,” “commentary,” and “the un-likelihood of confusion based on the appearance of the marks in the actual marketplace, as they will be encountered by consumers.”” eBay , but in a confusing way.

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You Subpoenaed My Documents, Shouldn’t You Pay for Them?

Percipient

” In Federal Court Responding Party Presumed to Bear Subpoena Costs, but Requesting Party Must Avoid Imposition of Undue Burden and Expense A case from the Northern District of Illinois provides a good analysis of when costs responding to subpoenas may be shifted to the party seeking the documents. Cardinal Growth, L.P. ,

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Don’t Be Late and Ineffective with Litigation Holds

Joshua Gilliland

The Court stated that litigation hold was not effectively communicated and the officers listed in the City’s initial disclosures did not acknowledge receiving the hold notice. In all, the Court noted a total of fewer than 25 emails produced from key players. The Court found that the City’s litigation hold was both late and ineffective.

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ChatGPT vs. Copyright Law

Legal Tech Monitor

The court ruled in her favor, emphasizing the importance of considering fair use before issuing takedown notices. The parties eventually settled out of court, but the case raised questions about the boundaries of fair use in artistic expression. Universal Music issued a takedown notice, claiming copyright infringement.