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

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

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

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 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.

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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

Justia Legal Marketing & Technology blog

MAY 4, 2023

The evolution of generative AI (artificial intelligence) has captured the attention of many Americans during the first few months of 2023. Federal statutes do not provide clear answers to these questions, so courts will need to confront them. This free database provides public records of lawsuits in federal trial and appellate courts.

Lawsuit 84

Lawsuit Intellectual Property Court Defendant 84

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

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

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

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

Justia Legal Marketing & Technology blog

DECEMBER 28, 2023

Our projects in 2023 included a brand-new dictionary with thousands of legal and business terms, as well as numerous 50-state surveys on topics extending from family law, personal injury, and criminal law to employment law and consumer protection. Supreme Court Center by adding biographies of each Justice.

Court 85

Court Lawsuit Judge Attorney 85

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

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

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

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

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.” Bureau, 2023 N.Y. ” Section 230. Defamation. Supreme Ct.

Defendant 122

Defendant Mediator Court Lawsuit 122

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.

Defendant 96

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.”

Defendant 116

Defendant Judge Lawsuit Court 116

Eric Goldman

SEPTEMBER 10, 2023

The court describes the phenomenon: This case is one of many in the Northern District of Illinois’s “cottage industry” of “Schedule A” cases. Few defendants appear in court, so plaintiffs move for default judgment and collect what funds they can. Note: one minor correction to the court’s description.

Court 98

Court Defendant Judge Litigator 98

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 98

Lawsuit Court Lawyer Litigation 98

Eric Goldman

JUNE 17, 2023

is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. The court also held that plaintiffs were permitted to proceed pseudonymously.

Defendant 132

Defendant Lawsuit Machine learning Court 132

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 98

Defendant Lawsuit Court Judge 98

Eric Goldman

JUNE 9, 2023

The district court sided with the school district. The appeals court affirms. The court summarizes its application of Mahanoy and some precedent cases involving group bullying online: when a student causes, contributes to, or affirmatively participates in harmful speech, the student bears responsibility for the harmful speech.

Court 119

Court Lawsuit Defendant Litigator 119

Eric Goldman

DECEMBER 8, 2023

Indeed, they are already filing lawsuits despite the pending Supreme Court appeal hanging over the law. Courts regularly uphold these kinds of forum-selection clauses So the TOS forum selection clause is effective, and this case gets sent out of Texas. 2023 WL 8434452 (N.D. 4, 2023) Also noted: Reaud v.

Court 98

Court Law Law Litigator 98

Eric Goldman

MAY 12, 2023

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); Mosha v.

e-discovery 111

e-discovery Defendant Time-tracking Lawsuit 111

Legal Tech Monitor

DECEMBER 1, 2023

On November 22, 2023, the lawsuit against Lizzo by three of her previous backup dancers had its first court hearing. Continue reading → The post Behind the Bench: Unpacking Judge Epstein’s Inquiries in Lizzo Lawsuit Hearing first appeared on Trellis.Law Blog.

Hearing 52

Hearing Lawsuit Judge Court 52