Eric Goldman

SEPTEMBER 5, 2023

Or was this just a ploy to find any tenable legal theory against YouTube so it could be exploited in future litigation? Lawsuits over content removals never succeed. The post Anti-Vaxxer’s Lawsuit Over Channel Removal Fails–Mercola v. YouTube appeared first on Technology & Marketing Law Blog.

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Lawsuit Court Litigator Litigation 98

Eric Goldman

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” The post My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry appeared first on Technology & Marketing Law Blog. I would welcome yours.

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Intellectual Property Lawsuit Defendant Judge 106

Eric Goldman

FEBRUARY 7, 2024

This lawsuit seeks to hold Letgo liable for the murders. Indeed, it’s troubling to see plaintiffs litigating over a service’s efforts to “verify” users, because we generally want services to undertake authentication and verification services when they enhance site trustworthiness and safety. Negligence.

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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. If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. “X Corp.

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Defendant Court Litigator Litigation 106

Eric Goldman

MAY 22, 2023

The court dismisses the lawsuit on summary judgment. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. Groupon * 1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v. The court focuses on the likelihood of consumer confusion. LoanStreet v.

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Lawsuit Defendant Court Lawyer 112

Justia Legal Marketing & Technology blog

MAY 4, 2023

Already, lawsuits involving AI-generated works have been filed in federal courts from coast to coast. This free database provides public records of lawsuits in federal trial and appellate courts. A pending lawsuit in the U.S. If it does not grant either motion, the lawsuit will continue toward trial.

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Lawsuit Intellectual Property Court 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 litigants directly compete. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v.

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Lawsuit Court Defendant Litigator 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. Either way, looping Facebo0k into this litigation was a terrible decision. The post Facebook Easily Defeats Lawsuit Over User Posts–Hicks v. Whoa, what a flashback. LifelongLearning.

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Lawsuit Court Judge Litigator 98

Hanzo Blog

FEBRUARY 8, 2023

Last year , the FTC announced they were going to “crackdown on harmful commercial surveillance and lax data security,” and have been pursuing a number of lawsuits as a result. Many of these are bold in their approach, which may catch many corporate legal teams off guard.

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Litigator Litigation Lawsuit 98

Eric Goldman

APRIL 3, 2023

Still, a few Justices seemed to like the fact that Rogers is an objective analysis with a reasonable person standard that allows courts to dismiss weak trademark claims early in a lawsuit. The expense of litigation may chill speech. Bad Spaniels (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Defendant Judge Court Litigator 116

Eric Goldman

JUNE 14, 2024

[Warning: this is a 5,600 word blog post]. It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue. Despite the importance of those Fall 2023 rulings, I never blogged either. My coverage of the federal court non-dismissal will forevermore remain in blog purgatory.

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Lawsuit Court Defendant Failure-to-appear 102

Eric Goldman

JUNE 8, 2024

” That prompted this litigation. Adler v McNeil * Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri * Competitive Keyword Ad Lawsuit Fails…Despite 236 Potentially Confused Customers–Lerner & Rowe v. ” The right answer should be “no one.” ” Uh oh.

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Lawsuit Defendant Court Litigator 129

Eric Goldman

JULY 18, 2023

On June 26, just before the end of its term, the Supreme Court denied Genius’s cert petition, putting this litigation to rest. Second, zooming out further, the case revolves around a topic covered on this blog routinely: data scraping. Many of those contractual anti-scraping lawsuits were successful.

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Court Litigator Litigation Case law 98

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.” As my blog coverage makes clear, I am not a fan of those opinions).

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Lawsuit Defendant Failure-to-appear Court 95

Eric Goldman

MAY 15, 2024

The entire purpose of the discovery rule is to allow a plaintiff to recover damages that occurred more than three years before the date the lawsuit was filed. 507(b), precludes retrospective relief for acts that occurred more than three years before the filing of a lawsuit.” Two years later, in Starz Entertainment v. 4th 1236 (9th Cir.

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Eric Goldman

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. has filed multiple lawsuits against web scrapers, including against Bright Data , which is perhaps the biggest web-scraping company in the world. Now, the primary vehicle to stop web scraping is with breach of contract claims.

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Intellectual Property Court Litigator Litigation 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. This blog post recaps what’s happened to the Gonzalez case since then. Twitter * “Material Support for Terrorism” Lawsuit Fails a Third Time–Colon v.

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Lawsuit e-filing Court Judge 98

Eric Goldman

JUNE 23, 2023

Jason Fyk’s recent litigation campaign reminds me of the classic story Moby Dick, with Fyk in the Captain Ahab role and Section 230 as his white whale. His lawsuit against Facebook was dashed by Section 230 in the district court. The Netflix documentary of his story will be called “Moby Fyk.” Freedom Def.

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Lawsuit Defendant Court Litigator 110

CaseFox

NOVEMBER 27, 2023

Exposure lawsuits, a legal avenue that addresses harm resulting from exposure to hazardous substances or conditions, have witnessed a dynamic evolution over the years. In this blog post, we will take you on an interesting journey embarking on the trends, challenges, and future possibilities related to exposure lawsuits.

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Lawsuit Defendant Litigator Litigation 52

Eric Goldman

FEBRUARY 14, 2024

Though the court doesn’t discuss any of the precedent cases, the court is addressing the well-litigated question of whether online marketplaces are legally responsible as the “seller” of marketplace items. GMB is not the party renting the vessel; rather, it is Chaves who rents the vessel. LEXIS 23688 (S.D.

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Lawsuit Court Legal research Litigator 98

Eric Goldman

SEPTEMBER 18, 2024

For example, I remain irritated about the BIPA lawsuits to try to prevent Internet services from using anti-CSAM blocklists and face scans for age authentication purposes. Selected BIPA Blog Posts AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v. Case Citation : Hartman v. Meta Platforms, Inc., Martell v.

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Lawsuit Law Law Court 97

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. This creates a lot of costly and distracting litigation, even if the courts ultimately reject the claims–another collateral cost of the regulatory intervention.

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Defendant Lawsuit Court Litigator 108

MatterSuite

MARCH 14, 2024

Whether you are a business person dealing with contractual disputes or an individual who has been injured by a defective product, the high cost of litigation– attorney fees –can quickly prevent you from seeking legal redress. This is where litigation finance (also known as litigation funding or legal financing) comes in.

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Litigator Litigation Lawsuit Defendant 52

Legal Tech Blog

JANUARY 11, 2023

Pre/Dicta , claiming itself the only litigation analytics platform that makes predictions about the outcome of federal lawsuits, announced the acquisition of Gavelytics, a pioneering judicial analytics platform for state court cases. This deal is a major milestone for Pre/Dicta and the entire field of predictive litigation analytics.

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Analytics Litigator Litigation Lawsuit 52

Eric Goldman

MAY 13, 2023

This is another lawsuit between personal injury law firms over competitive keyword ads. However, if it’s anywhere close to true, this will be another impressive entry into the annals of financially unjustified and irrational lawsuits over competitive keyword ads. LoanStreet v. Greenberg v. Of Course Not…But…–America CAN!

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Law firm Lawsuit Law Law 106

Colin S. Levy

NOVEMBER 5, 2024

Leveraging Litigation Analytics Litigation is data-intensive, and making sense of this data is crucial for managing risks effectively. GCs and their teams should begin by gathering and analyzing historical litigation data, not as a one-time exercise but as an ongoing practice.

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e-discovery Analytics Legal tech Legal tech 88

Eric Goldman

OCTOBER 6, 2024

Are the parties seriously going to litigate this to a trial? Remember: the only winnners of keyword ads lawsuits are the lawyers. Adler v McNeil * Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Bye, Goff * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v.

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Lawsuit Court Failure-to-appear Defendant 98

Eric Goldman

OCTOBER 6, 2023

McGucken is a professional photographer who has appeared on the blog before. Is the attorneys’ fee shift motivating some or all of this lawsuit? I’m sure ShutterStock would have written a $2,131 settlement check to avoid the litigation. Last year, ShutterStock won a very similar lawsuit in Steinmetz v. ShutterStock.

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Lawsuit Court Litigator Litigation 98

Eric Goldman

DECEMBER 13, 2023

If nothing else, litigants know where they stand in these jurisdictions. The Internet is awash in lawsuits related to this collection of data. Guest Blog Post) appeared first on Technology & Marketing Law Blog. Which is probably a big part of the reason that many judges have been eager to distance themselves from it.

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Judge Court Defendant State law 98

Eric Goldman

DECEMBER 13, 2024

Roberts Its become known as the sad beige lawsuit or the case that asks the question can you ever really own an aesthetic ? Some attorneys speculate that the sad beige influencer litigation could lead to a deluge of similar suits. Sheil (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Judge Intellectual Property Law Law 65

Eric Goldman

OCTOBER 28, 2023

The parties are already in litigation. The generic manufacturer is already under a litigation hold. Violating that hold will lead to adverse consequences in the litigation as well as possible criminal punishment. With that context, it is usually unreasonable for one litigant to blindside its opponent with an ex parte demand.

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Defendant Court Litigator Litigation 98

Eric Goldman

JULY 1, 2024

Plus, the Supreme Court made it clear that facial First Amendment challenges are hard to establish, increasing the likelihood that more lawsuits will be needed, and on narrower grounds that won’t lead to broad precedent. NetChoice appeared first on Technology & Marketing Law Blog.

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Court Defendant Lawsuit State law 116

Eric Goldman

OCTOBER 9, 2024

Warby Parker, part of 1-8oo Contacts’ irrepressible efforts to revive the litigation genre. I hope this ruling will be persuasive to other courts so that we can finally and permanently put this chapter to rest after 2+ decades of pointless litigation. the dollar value of the clicks at issue is well below the costs of litigation).

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Lawsuit Defendant Court Litigator 98

The North Carolina Journey of Law and Technology

FEBRUARY 19, 2024

Understanding Litigation Finance Litigation finance is when a third-party invests in a lawsuit in hopes of sharing in the profits of a successful verdict. litigation finance companies exist. billion in capital to litigation matters. billion in capital to litigation matters.

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Litigator Litigation Machine learning Court 52

Eric Goldman

JANUARY 8, 2024

The court already sent that trademark claim to the jury ( my blog post on that ruling ). In that time, the parties have waged innumerable formal battles over seemingly everything available to parties in civil litigation: countless discovery disputes, motions for sanctions, and two rounds of summary judgment. LoanStreet v. Greenberg v.

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Lawsuit Court Lawyer Litigator 98

Justia Legal Marketing & Technology blog

FEBRUARY 27, 2024

Stages of a Lawsuit Even if they are working with an attorney, someone considering a lawsuit (or already involved in a lawsuit) may want to know about how the court process unfolds. A lawsuit usually starts with a complaint , which the plaintiff files with the court and serves on the defendant.

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Lawyer Mediator Lawsuit Defendant 105

Eric Goldman

MARCH 8, 2024

If there are 1,000 SAD Scheme cases a year with 200 defendants each, there are 200,000 SAD Scheme trademark defendants in litigation every year. StopTheSADScheme Prior Blog Posts on the SAD Scheme Judge Reconsiders SAD Scheme Ruling Against Online Marketplaces–Squishmallows v. Alibaba N.D. Emoji GmbH v.

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Defendant Judge Failure-to-appear Court 112