Trellis.Law Blog

JANUARY 19, 2024

On Wednesday, a three-judge panel in the Philadelphia-based 3rd US Circuit Court of Appeals heard oral arguments regarding whether a lawsuit against social media company TitTok should be revived despite a federal law that generally shields internet platforms from liability… Continue reading → The post A Family’s Plea: Appellate Court Urged (..)

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Lawsuit Court Federal law Judge 100

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.

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Lawsuit Court Defendant Litigation 98

Eric Goldman

AUGUST 31, 2023

The court dismissed the case without prejudice. Blog post coverage of that ruling here. ” Zhang tried the breach-of-contract workaround, but the court says flatly: “There is no exception under Section 230 for breach of contract claims.” Twitter appeared first on Technology & Marketing Law Blog.

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Lawsuit Failure-to-appear Court Law 124

Eric Goldman

JUNE 14, 2024

[Warning: this is a 5,600 word blog post]. 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. Despite the importance of those Fall 2023 rulings, I never blogged either.

Lawsuit 102

Lawsuit Court Defendant Failure-to-appear 102

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. My blog post on that ruling.

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Lawsuit Litigation Court Litigator 111

Above the Law - Technology

APRIL 11, 2024

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. Following my report, QuickLegal quickly shut down.

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Legal tech Legal tech Lawsuit Analytics 265

Trellis.Law Blog

JULY 31, 2024

Since 1985, the firm has defended corporate clients in high-exposure and technically intricate lawsuits… Continue reading → The post Deep Trellis State Court Capabilities Help Bowman and Brooke Track Trends and Defend Mass Tort Litigation in State Courts first appeared on Trellis.Law Blog.

Defendant 100

Defendant Court Litigation Litigator 100

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.

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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.

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Hearing Lawsuit Judge Court 100

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. Negligence. Consumer Protection Act. Letgo, Inc.

Lawsuit 111

Lawsuit Machine learning Court Defendant 111

Eric Goldman

JULY 21, 2024

Recapping a couple of doomed-from-inception lawsuits. The court cites the old Lycos case for the proposition that 230 applies to failure to remove, even after notice. The court adds “Recasting the defamation claim as one for negligence does nothing to save it from falling within § 230’s ambit.” Benedict v.

Lawsuit 98

Lawsuit Failure-to-appear Defendant Court 98

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.

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Lawsuit Court Law Law 105

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.

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Lawsuit Defendant Court Lawyer 111

Kevin O'Keefe

JANUARY 25, 2023

The single biggest impediment to blog success for lawyers is failing to focus on a niche. Niche blogs become must reads for an audience, enable a lawyer to build a reputation (often where no other lawyer is playing) and enable relationships to flourish, often for work outside the niche. The tighter the niche the better.

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Estate planning Intellectual Property Lawyer Federal law 130

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.

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Defendant Lawsuit Machine learning Court 132

Eric Goldman

SEPTEMBER 16, 2024

The court says there’s no claim called “sexual harassment,” and it struggles to find a matching claim. The court dismisses the claim with prejudice because Reaud can’t plead around Section 230. 9, 2024) The post Facebook Defeats Lawsuit Over Allegedly Pornographic Ads–Reaud v. Facebook Inc.

Lawsuit 98

Lawsuit Court Law Law 98

Eric Goldman

MAY 31, 2024

Microsoft’s filings made some unredacted disclosures about Medina that were repeated in an unredacted court opinion, and those documents appeared on several websites that publish court documents. He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more.

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Court Defendant Lawsuit Legal research 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 Litigation Litigator 98

Kevin O'Keefe

NOVEMBER 1, 2023

No one could have envisioned the “travelings” of a book, an article or a legal blog post. A searchable database revealed that thousands of books were used “without permission,” causing some authors to express outrage and even launch lawsuits against Meta. When successful, art exceeds its creator’s plans. So true in these days of AI.

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Lawsuit Law firm Court Lawyer 264

Eric Goldman

AUGUST 27, 2024

I believe that’s because the court and parties are battling over redactions. There have been other decisions involving BIPA, NBA 2K, and sometimes AWS that I haven’t comprehensively blogged. This case involves the videogame NBA 2K, not a stranger to this blog. The court shrugs its shoulders.

Lawsuit 98

Lawsuit Defendant Court State law 98

Eric Goldman

SEPTEMBER 28, 2024

5, 2024) The post Angi Can’t Dismiss Lawsuit Over Failed Vendor Authentication–Everyspace v. Encor appeared first on Technology & Marketing Law Blog. .” 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

Trellis.Law Blog

MAY 31, 2023

Walker, a judge on the United States District Court for the Northern District of Florida, from presiding over Disney’s lawsuit… Continue reading → The post A Tale as Old as Time: Disney and DeSantis Battle in the Courts first appeared on Trellis.Law Blog.

Court 100

Court e-filing Lawsuit Judge 100

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

Trellis.Law Blog

MARCH 18, 2024

lost a motion to dismiss a lawsuit alleging the company’s AirTag devices are being used as a tool by stalkers to track victims. Last Week, Apple Inc.

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Lawsuit Judge Court 130

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

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. Whoa, what a flashback. Case Citation : Hicks v.

Lawsuit 98

Lawsuit Court Judge Litigation 98

Eric Goldman

FEBRUARY 27, 2024

[I blogged the Supreme Court oral arguments in the NetChoice cases yesterday. I previously blogged the TRO. 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.

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Court Law Law Lawsuit 105

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.

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Defendant Court Litigator Litigation 105

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. YouTube appeared first on Technology & Marketing Law Blog. Case Citation: Mercola.com, LLC v.

Lawsuit 98

Lawsuit Court Law Law 98

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. State Law Claims. Undisputed.

Lawsuit 98

Lawsuit Court State law Law 98

Attorney at Work

JUNE 21, 2022

Legal blog posts follow one of three formats: the case law breakdown, evergreen analysis or future forecast. Many legal blog posts are easy to ignore. Want to write better blog posts? Here are four tips to grab the attention of your readers and get them to read your legal blog posts all the way to the bottom.

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Case law Law firm Lawsuit Court 95

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

JANUARY 23, 2024

And even though the creators of popular services know, and you know, and I know, and the Supreme Court knows , and every judge that decides every opinion on these issues knows, that no one is reading these documents, the legal system has collectively decided this system sufficient to bind everyone to a legal agreement.

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Court Lawsuit Mediator Judge 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. The paper concludes with some ideas about ways to curb the system. I would welcome yours.

Intellectual Property 105

Intellectual Property Lawsuit Defendant Judge 105

Eric Goldman

APRIL 3, 2023

VIP Products LLC ] A trademark dispute at the Supreme Court involving a dog chew toy and a famous brand of whisky may have serious implications for trademark and free speech rights. During oral arguments at the Supreme Court on March 22, 2023 in Jack Daniel’s Properties, Inc.

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Defendant Judge Court Litigation 116

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. ” Say what? ” The right answer should be “no one.” ” Uh oh.

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Lawsuit Defendant Court Litigator 129

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.

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Court Failure-to-appear Lawsuit Judge 105