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Nike vs. Lululemon: The Battle Over Flyknit Technology

Brett Trout

Although the case was just settled, this lawsuit was not Nikes first foray into patent infringement litigationnor is it likely to be its last. In its lawsuit, Nike sought both damages and a permanent injunction to stop Lululemon from producing the allegedly infringing designs. The lawsuit was settled in 2021.

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The Five Most Momentous Legal Tech Fails

Above the Law - Technology

In 2016, legal tech entrepreneur Derek Bluford was riding high. But that all came crashing down after I reported in 2016 of Bluford’s settlement of a lawsuit charging him with impersonating a lawyer, forging legal documents and fraudulently swindling two clients. As of this writing, the lawsuit is ongoing. QuickLegal.

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Copyright Owner Prevails in Lawsuit Over Form Contracts–Equine Legal v. Fireline Farms

Eric Goldman

In 2016, the defendant licensed the plaintiff’s Equine Boarding Forms Package, consisting of form releases for adults and minors. Distribution The court says “the Forms were accessible at the URLs that plaintiff located. ” The court also rejects an implied license defense using an overly restrictive test.

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Section 230 Immunizes Bing’s Search Results–White v. Microsoft

Eric Goldman

This lawsuit relates to an episode of the TV show Evil Lives Here called “I Invited Him In,” which discusses an NY serial killer named Nathaniel White. The court agrees with Microsoft. ’…the trial court was correct to grant summary judgment finding Microsoft immune from Mr. Google, Inc., 2016); Despot v.

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Amazon Screws Up Its TOS Amendments (Again)–Jackson v. Amazon

Eric Goldman

At issue are two versions of the TOS from 2016 and 2019. The named plaintiff, Jackson, agreed to the 2016 TOS. The 2016 TOS provided an opt-out for the arbitration provision, but Jackson didn’t exercise it. Nor did the court have other evidence that might allow it to assess notice, such as a description of the email.

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. [Eric’s note: this is the post you’ve been waiting for: Prof. 569 (1994).

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The DTSA Ex Parte Seizure Provision Was Always Bad Policy–Janssen v. Evenus

Eric Goldman

In 2016, Congress enacted the Defend Trade Secret Act (DTSA). However, as we know, courts routinely and predictably make errors when ruling on ex parte motions, so any additional legislative embrace of ex parte procedures is always fraught with peril. Fortunately, the district court rejected the DTSA ex parte seizure request.