Eric Goldman

JULY 14, 2023

This long-running lawsuit started in 2019. When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. Elenis Supreme Court ruling, but I wonder how it might apply to this case.

Lawsuit 98

Lawsuit Court Machine learning Defendant 98

Eric Goldman

AUGUST 30, 2023

This is a competitive keyword advertising lawsuit. A rival, Colibri, displayed in the trademark in its Google keyword ads, but it claims it has stopped doing so after the lawsuit was filed. The court denies a preliminary injunction. To analyze this, the court applies the standard likelihood of consumer confusion factors.

Lawsuit 98

Lawsuit Court Defendant Litigator 98

Eric Goldman

JUNE 14, 2024

There are two critically important cases over “social media addiction” pending in California state court and as an MDL in the federal Northern District of California. It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue.

Lawsuit 102

Lawsuit Court Defendant Failure-to-appear 102

Eric Goldman

AUGUST 31, 2023

The court dismissed the case without prejudice. ” Zhang tried the breach-of-contract workaround, but the court says flatly: “There is no exception under Section 230 for breach of contract claims.” 2023 WL 5493823 (N.D. 23, 2023) The post Lawsuit Over Twitter Suspension Fails Again–Zhang v.

Lawsuit 124

Lawsuit Failure-to-appear Court Law 124

Eric Goldman

MARCH 10, 2023

Represented by lawyers Maria Cristina Armenta and Credence Elizabeth Sol (who keep expanding their oeuvre of failed lawsuits against Internet services), Daniels claimed YouTube had to comply with 1983 because YouTube became a state actor. In 2021, the court quickly shut down that misguided argument. 2023 WL 2414258 (N.D.

Lawsuit 111

Lawsuit Court Litigator Litigation 111

Berkley Technology Law Journal

FEBRUARY 27, 2023

2023 Taylor Swift’s fans, affectionately called Swifties, closed out 2022 with an antitrust complaint filed in Los Angeles County Superior Court against Ticketmaster, the online ticketing giant. The post Swifties’ Ticketmaster Lawsuit Reveals ‘Anti-Hero’ Behavior appeared first on Berkeley Technology Law Journal.

Lawsuit 130

Lawsuit e-filing Hearing Court 130

Trellis.Law Blog

DECEMBER 1, 2023

On November 22, 2023, the lawsuit against Lizzo by three of her previous backup dancers had its first court hearing.

Hearing 100

Hearing Lawsuit Judge Court 100

Eric Goldman

JULY 21, 2024

Recapping a couple of doomed-from-inception lawsuits. Apparently the publication took place in 2019 and he filed suit in 2023. The court cites the old Lycos case for the proposition that 230 applies to failure to remove, even after notice. The court cites to Hassell v. Was the court offering him free legal advice?

Lawsuit 98

Lawsuit Failure-to-appear Defendant Court 98

Eric Goldman

MAY 22, 2023

The court dismisses the lawsuit on summary judgment. The court focuses on the likelihood of consumer confusion. The plaintiff invoked initial interest confusion, but per Network Automation, the court merges IIC back into the standard multi-factor test. The court says the call logs are ambiguous. clickthrough rate.

Lawsuit 111

Lawsuit Defendant Court Lawyer 111

Eric Goldman

OCTOBER 24, 2023

The court says that SMS’s photos clear the very low copyrightability threshold. ” Because the products are allegedly identical, the court says there are only so many ways to depict them. ” Because the products are allegedly identical, the court says there are only so many ways to depict them. Pharmaaid Corp. ,

Lawsuit 105

Lawsuit Court Law Law 105

Eric Goldman

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Facebook , a California appeals court shocked the advertising community by suggesting that using common demographic criteria for ad targeting, such as age or gender, may violate California’s anti-discrimination law.

Law 111

Law Law Court Intellectual Property 111

Eric Goldman

SEPTEMBER 5, 2023

With respect to the channel removal, the court says: “YouTube had no obligation to host or serve content…YouTube had the discretion to take down content that harmed its users… YouTube had the discretion to terminate channels without warning after a single case of severe abuse.” ” Cites to Daniels v.

Lawsuit 98

Lawsuit Court Litigator Litigation 98

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.

Lawyer 75

Lawyer Lawsuit Court 75

Eric Goldman

AUGUST 20, 2023

We used to see lawsuits like this 15+ years ago, but we don’t see them any more because they are so obviously doomed by Section 230. The court applies the standard three-part Section 230 test: ICS Provider. ” The court is confused. ” The court is confused. Bradford, 2023 U.S. LifelongLearning.

Lawsuit 98

Lawsuit Court Judge Litigator 98

Justia Legal Marketing & Technology blog

NOVEMBER 28, 2023

We added numerous surveys to this resource during the course of 2023. If they are concerned about losing this bond for various reasons, such as the breakdown of the parents’ relationship, they generally can ask a court to grant visitation with a grandchild. per hour, but some states require employers to pay a higher minimum wage.

Lawsuit 264

Lawsuit Defendant Prosecutor Court 264

Eric Goldman

OCTOBER 5, 2023

The court says that the merchant made a descriptive “fair use” of the “emoji” term, but the court didn’t actually say that “emoji” qualifies as a descriptive trademark, instead of an arbitrary mark, for stickers. ” Trademark law does not restrict that usage. ” That’s true.

Court 133

Court Defendant Judge Lawsuit 133

Eric Goldman

JULY 13, 2023

The court rules for Reddit on all counts. The court says Rogozinski doesn’t have priority over Reddit. The court does not credit Rogozinski’s role in creating the subreddit as a use in commerce, and Rogozinski’s other uses (such as the book title) don’t count either. 2023 WL 4475581 (N.D.

Lawsuit 98

Lawsuit Court State law Law 98

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. 32nd Annual DePaul Law Review Symposium , Chicago, April 14, 2023. The paper concludes with some ideas about ways to curb the system.

Intellectual Property 105

Intellectual Property Lawsuit Defendant Judge 105

Debevoise Data Blog

JANUARY 13, 2025

The past year was marked by many more filed cases than decisions, and those decisions that were issued largely demonstrated how well-known pitfalls will also hamper this new wave of AI lawsuits. Courts have widely rejected claims that AI models themselves are unlawful derivatives of the copyrighted works they were trained on. [3]

Litigator 52

Litigator Litigation Intellectual Property Defendant 52

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 98

Lawsuit Court Judge Defendant 98

Eric Goldman

OCTOBER 7, 2023

In response, she has brought several trash lawsuits, which have gone as well as you’d expect. Her latest trash lawsuit claimed that social media, the government, and Procter & Gamble were all doing the RICO against her. The court dismisses the lawsuit on several grounds, including res judicata. The complaint.

Litigator 126

Litigator Litigation Lawsuit Court 126

Eric Goldman

DECEMBER 26, 2023

2023 WL 5017711 (D. July 28, 2023). Platkin, 2023 WL 6389744 (D.N.J. 29, 2023): the content at issue in this case is the digital firearms information that DD published, from 2012 through 2020, to its own website, DEFCAD. Miller, 2023 WL 6385816 (E.D.N.Y. ” * Doe v. Grant, 2021 Ariz. LEXIS 1327 (Az.

Defendant 98

Defendant Failure-to-appear Court Lawsuit 98

Eric Goldman

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. In an April 2023 summary judgment ruling , the plaintiff established that it “possesses the legally protectable, incontestable trademarks TEXAS TAMALE and TEXAS TAMALE COMPANY.” ” Say what?

Lawsuit 129

Lawsuit Defendant Court Litigator 129

Eric Goldman

AUGUST 21, 2023

This is one of several ideologically motivated lawsuits against YouTube for allegedly engaging in “discriminatory” content moderation. But courts don’t always use facts like that for petard-hoisting, instead grounding their rulings in legal doctrines and admissible evidence. Yet, the court bails YouTube out.

Court 98

Court Machine learning Lawsuit Law firm 98

Eric Goldman

MARCH 25, 2024

This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech. As a result, the court finds that much of the lawsuit is a SLAPP. By declaring the lawsuit a SLAPP, the court concludes that Twitter misused the court system in an attempt to suppress CCDH’s speech.

Defendant 105

Defendant Court Litigator Litigation 105

Berkley Technology Law Journal

FEBRUARY 27, 2023

2023 Taylor Swift’s fans, affectionately called Swifties, closed out 2022 with an antitrust complaint filed in Los Angeles County Superior Court against Ticketmaster, the online ticketing giant. By Shabrina Defi Khansa, LL.M. In July 2022, the FTC also blocked Meta from acquiring a small virtual reality startup.

Lawsuit 100

Lawsuit e-filing Hearing Court 100

Eric Goldman

JANUARY 15, 2024

District of Columbia , 2023 WL 5964764 (D.C. ” Investigations like this should make everyone nervous that they are motivated by censorship and will in fact change content moderation practices, but the court doesn’t seem worried about that at all. .” City of Delray Beach, 2023 WL 6037456 (S.D. Six4Three v.

Judge 96

Judge Defendant Court Lawsuit 96

Eric Goldman

MAY 15, 2024

In so holding, however, the Court declined to resolve the logically antecedent question of whether the discovery rule applies to the three-year copyright statute of limitations, finding “that issue is not properly presented here, because Warner Chappell never challenged the Eleventh Circuit’s use of the discovery rule below.” Nealy , No.

Court 105

Court e-discovery Defendant e-filing 105

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 95

Lawsuit Defendant Failure-to-appear Court 95

LawSites

DECEMBER 7, 2023

In 2023, the justice tech ecosystem continued to grow rapidly, with a significant increase in solutions addressing access to justice-related challenges for consumers. featured in ABA Journal , Pulse 2.0 , Bob Ambrogi’s LawNext podcast , and Accelerator Insider , and its executive director, Maya Markovich, was named to the 2023 Fastcase 50.

Estate planning 122

Estate planning e-records Mediator Litigator 122

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 110

Lawsuit Defendant Court Litigator 110

Eric Goldman

FEBRUARY 14, 2024

Yet, remarkably, the court doesn’t cite the HomeAway case at all. The court cites to L.H. As usual, I cringe at the court’s “conduit” language. As the court make clear, GMB undertakes a variety of trust and safety efforts, so it’s not a typical communications “conduit.”

Lawsuit 98

Lawsuit Court Legal research Litigator 98

Clio

APRIL 2, 2025

In 2023 alone, 62 million Americans sought medical attention for preventable injuries. The numbers below paint a clear picture of both the human toll and economic burden that injuries create nationwide: 62 million peopleabout one in fivesought medical attention for an injury in 2023 ( National Safety Council ). Of the over 1.3

Injury Lawyer 52

Injury Lawyer Law Law Attorney 52

Eric Goldman

MAY 13, 2023

This is another lawsuit between personal injury law firms over competitive keyword ads. The court says the plaintiff’s allegations sufficed for now. The court says this rejoinder has to wait until summary judgment. 2023 WL 3340214 (W.D. Groupon * Georgia Supreme Court Blesses Google’s Keyword Ad Sales–Edible IP v.

Law firm 105

Law firm Lawsuit Law Law 105

Eric Goldman

SEPTEMBER 8, 2023

This is yet another online content removal lawsuit, and it reaches the obvious and inevitable result that dozens of cases have reached before it. The lawsuit against Facebook for refusing the film ads is an easy dismissal. The court dismisses the contract and IIED claims on Section 230 grounds. 2023 WL 5749258 (N.D.

Lawsuit 105

Lawsuit Court Law Law 105

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.

Lawsuit 98

Lawsuit e-filing Court Judge 98

Eric Goldman

SEPTEMBER 18, 2023

The district court initially dismissed Adler’s trademark claims , but the Fifth Circuit unfortunately revived the claims citing initial interest confusion (UGH). ” This sounds like a lot of potentially confused consumers, but the court isn’t persuaded by the volume.

Lawsuit 98

Lawsuit Defendant Court Judge 98