Brett Trout

FEBRUARY 18, 2025

Recently, the companys aggressive enforcement of its intellectual property (IP) has taken center stage, with high-profile lawsuits targeting game modders, emulator developers, and companies like Pocketpair, the creators of Palworld. The lawsuit seeks damages and an injunction against the games continued distribution?

Intellectual Property 52

Intellectual Property Lawsuit Litigator Litigation 52

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. 2024 WL 372218 (10th Cir. Negligence.

Lawsuit 111

Lawsuit Machine learning Court Defendant 111

Eric Goldman

SEPTEMBER 28, 2024

Encor Solar LLC, 2024 WL 4062051 (D. 5, 2024) The post Angi Can’t Dismiss Lawsuit Over Failed Vendor Authentication–Everyspace v. .” Angi responded that “its alleged failure to vet the accuracy of third-party content is immunized by Section 230,” which is absolutely true.

Lawsuit 105

Lawsuit Failure-to-appear Defendant Court 105

Eric Goldman

AUGUST 27, 2024

I believe that’s because the court and parties are battling over redactions. The court gives all benefit of the doubt to the plaintiffs, saying “The FAC alleges that Defendants knowingly obtained users’ face geometry data from Take-Two and that it remains in their control as they disseminate and store it on their servers.”

Lawsuit 98

Lawsuit Defendant Court State law 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. The court said that the trademark owner had been using the trademark since 1985 and registered the trademark in 2006. CPUSA2, LLC , 2024 WL 2836241 (S.D. June 4, 2024) BONUS: RVC Floor Decor, Ltd.

Lawsuit 129

Lawsuit Defendant Court Litigator 129

Eric Goldman

FEBRUARY 16, 2025

At this point, I’ve not paid close attention to the proceedings because everything at the district court level is a rehearsal for the inevitable appellate court review. A reminder: this lawsuit is a battle royale. I’m sure the appellate court will be eager to docket this one. They tried again, to no avail.

Defendant 59

Defendant Court Litigator Litigation 59

Eric Goldman

MAY 30, 2024

The court doesn’t give him that because YouTube didn’t breach the TOS, so he’s not entitled to any remedies. May 29, 2024) The post Ninth Circuit Rejects Another Lawsuit Over Account Termination–Mercola v. Case Citation: Mercola.com, LLC v. Google LLC , No. 23-2608 (9th Cir.

Lawsuit 98

Lawsuit Court Law Law 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

DECEMBER 18, 2024

Lloyd sued Facebok for a variety of claims (I initially described the suit as “a standard kitchen-sink pro se lawsuit against Facebook”). The district court dismissed the complaint in 2022. After more time and money at the district court, Facebook should have no problem defeating it.” 2024 WL 5121035 (N.D.

Failure-to-appear 52

Failure-to-appear Lawsuit Court Case law 52

Brett Trout

FEBRUARY 5, 2025

Brett Trout In a recent decision by the Court of Appeal of the Unified Patent Court (CoA) dated December 20, 2024, the court underscored the critical importance of precise patent drafting. The case involved Alexion Pharmaceuticals, Inc., The patent claims covered a string of amino acids.

Court 52

Court Litigator Litigation Lawsuit 52

Eric Goldman

APRIL 3, 2024

The US government brought a civil lawsuit against the defendants for 203 violations. Instead, the court easily finds that the defendants qualify for Section 230 protection. The court replies: “The Second Circuit has affirmed dismissal at the pleading stage in several of its key cases interpreting Section 230.” It doesn’t work.

Lawsuit 98

Lawsuit Defendant Court Software 98

Eric Goldman

FEBRUARY 27, 2024

[I blogged the Supreme Court oral arguments in the NetChoice cases yesterday. Now, with a little more time to complete its analysis, the court wrote a more thorough and refined opinion preliminarily enjoining Ohio’s law requiring parental consent for children’s usage of social media. I previously blogged the TRO.

Court 105

Court Law Law Lawsuit 105

Eric Goldman

MARCH 20, 2025

Invoking the arbitration clause in the TOS, the defendant sought to send the lawsuit to arbitration. The district court said “There are elements of both [clickwrap and sign-in-wrap] here.” This is another example where courts will be quite unforgiving about any idiosyncracies in the TOS formation process.

Defendant 52

Defendant Court Lawsuit Law 52

Eric Goldman

SEPTEMBER 26, 2024

In my previous post , I summarized: This lawsuit involves troubling allegations that Facebook executives ( allegedly , Nick Clegg, Nicola Mendelsohn, and Cristian Perrella) took bribes from OnlyFans-related entities to spike Facebook and Instagram posts that promoted competitors of OnlyFans. Instagram, LLC, 2024 U.S. LEXIS 171462 (N.D.

Court 111

Court Judge Defendant Hearing 111

Eric Goldman

JUNE 12, 2024

had been mostly invisible in court opinions. recently started showing up more in court opinions–but not necessarily in a good way. I don’t know how many lawsuits they’ve filed because the team is filing many (all?) I don’t know how many lawsuits they’ve filed because the team is filing many (all?)

Court 75

Court Defendant Law Law 75

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

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. Time flies.]

Lawsuit 105

Lawsuit Court Defendant Hearing 105

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

Eric Goldman

JULY 30, 2024

The user took the matter to court (pro se), where the lawsuit failed: Contract Breach. This becomes yet another unsuccessful account termination/content removal lawsuit. We don’t know if this is a false positive, but obviously the user claims it is and cares enough to take it to court). July 26, 2024).

Defendant 107

Defendant Lawsuit Court Litigator 107

Eric Goldman

JANUARY 24, 2024

The last time we blogged this case , the district court had sided with JLM, initially restricting Gutman’s use of the social media accounts and then awarding control over the accounts to JLM. The district court decided that JLM owned the accounts using a six-factor test it created. Not a word on this from the appellate court.

Court 105

Court Failure-to-appear Lawsuit Judge 105

Eric Goldman

OCTOBER 6, 2024

2024 WL 3914512 (C.D. July 31, 2024) The trademark owner Alsa sells chrome paint. The court says “Because Walmart does not pay search engines to return organic search results or index webpages, it does not “use” the marks in connection with the sale or advertisement of goods.” WTF are we doing in federal court???

Lawsuit 98

Lawsuit Court Failure-to-appear Defendant 98

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

MAY 15, 2024

May 9, 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.”

Court 105

Court e-discovery Defendant e-filing 105

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 119

Defendant Judge Lawsuit Court 119

Eric Goldman

SEPTEMBER 18, 2024

A court rejected Facebook’s motion to dismiss the BIPA claim for the AR filters used in Facebook Messenger and Facebook Messenger Kids. The court concludes that COPPA’s preemption provision nevertheless doesn’t apply to BIPA: BIPA’s subject matter is almost entirely distinct from that of COPPA. The complaint.

Lawsuit 97

Lawsuit Law Law Court 97

Eric Goldman

FEBRUARY 25, 2024

The court finds fair use. ” Focusing on the commentary nature of the videos helps the court bypass any lurking commerciality issues. The court summarizes: “Three of the four statutory factors weigh in Mr. Swindelles’ favor; and Mr. Swindelles’ use of the copyrighted material serves a public benefit.”

Lawsuit 98

Lawsuit Court Lawyer Law 98

Eric Goldman

OCTOBER 5, 2024

eBay defeats the lawsuit. The court concludes that “to ‘sell’ an item one must either possess the physical item or its title,” neither of which eBay does. 2024 WL 4350523 (E.D.N.Y. 30, 2024) * * * BONUS: In the Matter of Amazon.com, Inc., Consumer Product Safety Commission July 29, 2024).

Defendant 105

Defendant Court Lawsuit Law 105

Clio

APRIL 2, 2025

An estimated 29,135 people died in motor vehicle traffic crashes for the first nine months of 2024 ( National Highway Traffic Safety Administration ). Filing statistics: Nearly 400,000 personal injury claims are filed annually across the United States, predominantly in state courts ( U.S. billion in 2024 ( IBIS World ).

Injury Lawyer 52

Injury Lawyer Law Law Attorney 52

Eric Goldman

JULY 9, 2024

Lloyd brought a pro se lawsuit against Facebook raising a myriad of concerns. In a footnote, the court adds “we do not address the district court’s determination that the Unruh Act does not apply to digital-only websites.” The court says her negligence claim is barred by Section 230. 2024 WL 3325389 (9th Cir.

Defendant 98

Defendant Court Lawsuit Law 98

Eric Goldman

OCTOBER 9, 2024

Fifteen years ago, courts generally avoided categorical pronouncements about the legitimacy of competitive keyword advertising. Courts almost never found trademark infringement in those cases, but it was only in the last decade that we started to get opinions saying this bluntly and clearly. Google (2d Circuit) and Rosetta Stone v.

Lawsuit 98

Lawsuit Defendant Court Litigator 98

lennyesq

APRIL 1, 2024

On April 15, 2024 after nearly sixteen years and twenty plus dismissal attempts by CACI, the case will go to trial. In fact, this is the first lawsuit where victims of U.S. post-9/11 torture will get their day in court. government to conduct interrogations at the prison. The only case of its kind still alive, Al Shimari v.

Court 75

Court Lawsuit 75

Eric Goldman

JUNE 7, 2024

The court dismisses Bloom’s lawsuit against US Weekly. The court says these allegations aren’t enough to satisfy the actual malice standard. If a defamation lawsuit is subject to the actual malice requirement (i.e., A360 Media LLC , 2024 WL 2812905 (S.D.N.Y. June 3, 2024). Defamation.

Failure-to-appear 98

Failure-to-appear Defendant Lawsuit Court 98

Eric Goldman

MARCH 5, 2024

This post covers an opinion where the court assumes such vertical integration based on the pleadings (it remains to be seen if that’s actually the case). The court says that Pixels could be “counterfeiting” the Canvasfish online store (?) .” That story is still being written. Trademark Infringement.

Lawsuit 119

Lawsuit Court Intellectual Property Defendant 119

Eric Goldman

JANUARY 31, 2024

This lawsuit relates to a property foreclosure contested by the then-property owner, Choudhuri, who sued pro se. ” I cried a little seeing the court use the phrase “internet service provider” instead of the statutory term “provider of interactive computer services.” Specialized Loan Servicing, 2024 U.S.

Lawsuit 95

Lawsuit Court Law Law 95

Eric Goldman

DECEMBER 14, 2024

My previous summary of this litigation campaign: 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.

Court 52

Court Lawsuit Litigator Litigation 52

Legal Tech Monitor

FEBRUARY 26, 2024

On January 4, 2024, the North Carolina Justice for All Project (JFAP) filed a First Amendment lawsuit against the state of North Carolina claiming unlawful infringement upon their fundamental right of free speech to provide simple legal advice to North Carolinians. But this, of course, is not the end to JFAP’s story.

Lawsuit 52

Lawsuit Legal advice Court Paralegal 52

Eric Goldman

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The district court disagreed. The appeals court says this is a sign-in wrap implementation. Protip: don’t rely on courts to bail you out of unforced errors like this. sought to send the case to arbitration. Warner Bros.

Court 98

Court Lawsuit Law Law 98