Eric Goldman

APRIL 28, 2024

299 limits joinder in patent cases to defendants who infringe using “the same accused product or process.” ” Congress enacted this requirement to restrict patent trolls who were filing lawsuits against defendants who had nothing in common but the allegation that they were infringing the same patent.

Defendant 98

Defendant Judge Lawsuit Court 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

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. As usual, the Schedule A provides threadbare information about each defendant.

Defendant 96

Defendant Lawsuit Judge Court 96

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

JULY 21, 2024

Recapping a couple of doomed-from-inception lawsuits. “A defendant does not “use” a plaintiff’s mark to [infringe] when the defendant merely provides a search engine service that allows third parties to search using the plaintiff’s mark. The court cites to Hassell v. Benedict v. ” Defamation. .

Lawsuit 98

Lawsuit Failure-to-appear Defendant Court 98

Eric Goldman

OCTOBER 5, 2023

Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. One defendant fought back.

Court 133

Court Defendant Judge Lawsuit 133

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.

Court 105

Court Defendant Lawsuit Legal research 105

Eric Goldman

APRIL 3, 2024

The US government brought a civil lawsuit against the defendants for 203 violations. A reminder that if the US government had prosecuted the defendants for violating the Clean Air Act, Section 230 would have been irrelevant (it doesn’t apply to federal criminal prosecutions). The defendants sell this hardware.

Lawsuit 98

Lawsuit Defendant Court Software 98

Eric Goldman

JANUARY 4, 2024

The plaintiff sued 163 defendants for online marketplace sales and got an ex parte TRO, including Amazon account freezes. After a couple of defendants showed up, the judge denied a TRO extension because of the possible lack of merit in the plaintiff’s infringement allegations. Then, the case fell apart. Proximate Damage.

Defendant 98

Defendant Judge Lawsuit e-filing 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. ” Say what? ” Uh oh. ” UGH. ” UGH.

Lawsuit 129

Lawsuit Defendant Court Litigator 129

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

LawSites

DECEMBER 1, 2021

The pandemic caused civil courts in the United States to adopt technology at an unprecedented pace and scale, improving participation in court proceedings and helping users resolve disputes more efficiently. Pew researchers examined pandemic-related emergency orders issued by the supreme courts of all 50 states and Washington, D.C.

Court 132

Court e-filing Notary Hearing 132

Eric Goldman

SEPTEMBER 28, 2024

The plaintiff claims that the defendant company is engaging in a form of corporate identity theft, trading on its license number, and that Angi promoted the interloper as a certified contractor without doing proper verification. Angi unsuccessfully defends on Section 230 grounds. It matches contractors with homeowners.

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. Plaintiff further alleges that Defendants knew they were collecting biometric data from Illinois citizens, including children, in violation of Illinois state law.” The court shrugs its shoulders. ” Amazon also invoked Section 230.

Lawsuit 98

Lawsuit Defendant Court State law 98

Eric Goldman

MARCH 9, 2023

” The abstract: This paper describes a sophisticated but underreported system of mass-defendant intellectual property litigation called the “Schedule A Defendants Scheme” (the “SAD Scheme”), which occurs most frequently in the Northern District of Illinois as a way to target Chinese online marketplace vendors.

Intellectual Property 105

Intellectual Property Lawsuit Defendant Judge 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

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

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

CaseFox

APRIL 13, 2023

Personal injury claims are lawsuits filed by individuals who have been injured due to the negligence or intentional actions of another person or entity. However, not all personal injury claims are successful in court. Here are the top reasons why personal injury claims fail in court.

Court 98

Court Defendant Lawsuit Attorney 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

Justia Legal Marketing & Technology blog

MAY 4, 2023

Federal statutes do not provide clear answers to these questions, so courts will need to confront them. 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.

Lawsuit 84

Lawsuit Intellectual Property Court Defendant 84

Eric Goldman

MAY 18, 2023

Supreme Court [FN]. Twitter won its decision unanimously, and the Supreme Court per curiam punted the Google case back to the 9th Circuit with the clear message that the plaintiffs should lose. The Supreme Court says that the term “aiding and abetting” in the statute should be interpreted using the common law.

Defendant 142

Defendant Court Failure-to-appear Lawsuit 142

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.

Lawsuit 105

Lawsuit Court Defendant Hearing 105

Eric Goldman

SEPTEMBER 10, 2023

” (Technically, the defendants in this case are enumerated on “Exhibit 1” instead of “Schedule A,” but same thing). The court describes the phenomenon: This case is one of many in the Northern District of Illinois’s “cottage industry” of “Schedule A” cases. The defendant sold the flag below it.

Court 98

Court Defendant Judge Litigator 98

Eric Goldman

JANUARY 21, 2024

“Plaintiff alleges Defendants downloaded and copied Plaintiff’s copyrighted materials from YouTube, and then re-uploaded infringing versions of Plaintiff’s copyrighted media content to their YouTube channels.” ” Viral DRM sued 20 defendants enumerated in a Schedule A and got an ex parte TRO. Jurisdiction.

Defendant 78

Defendant Judge Court Hearing 78

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.” .” Section 230. Defamation. Bureau, 2023 N.Y. LEXIS 958 (N.Y.

Defendant 122

Defendant Mediator Court Lawsuit 122

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. The plaintiffs’ allegations were sizzling.

Court 111

Court Judge Defendant Hearing 111

Eric Goldman

FEBRUARY 18, 2024

You may have heard about Squishmallow’s recent lawsuit against Build-a-Bear over plushy knockoffs. The court says, per Taamneh v. Twitter , “the Court [referring to himself in the third person] paid insufficient heed to the requirement that Kelly Toys provide proof of the Alibaba Defendants’ knowledge.”

Judge 111

Judge Defendant e-records Court 111

Eric Goldman

JULY 30, 2024

The user took the matter to court (pro se), where the lawsuit failed: Contract Breach. “Plaintiff does not allege any facts indicating that Defendant was contractually prohibited from removing her Google account.” “Defendant Google is a private business, not a state actor.” ” Fraud.

Defendant 107

Defendant Lawsuit Court Litigator 107

Eric Goldman

MAY 13, 2023

This is another lawsuit between personal injury law firms over competitive keyword ads. The defendant is the Bye, Goff firm, based in River Falls, Wisconsin with other in-state offices. The court says the plaintiff’s allegations sufficed for now. The court says this rejoinder has to wait until summary judgment.

Law firm 105

Law firm Lawsuit Law Law 105

Eric Goldman

SEPTEMBER 18, 2023

The defendants run a call-center service that attracts prospective legal clients and then makes compensated referrals of the prospective clients to lawyers. The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. The court redacts the denominator, so we can’t compute the fraction).

Lawsuit 98

Lawsuit Defendant Court Judge 98

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

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. Upon notification, US Weekly acknowledged the error and replaced the photo within 24-48 hours. But allegedly, the photo still shows up on syndicated sites. Defamation.

Failure-to-appear 98

Failure-to-appear Defendant Lawsuit Court 98

Eric Goldman

MARCH 8, 2024

The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money. First, the trademark rules on the street can differ widely from the doctrines drawn up in appellate courts.

Defendant 111

Defendant Judge Failure-to-appear Court 111

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

Eric Goldman

NOVEMBER 27, 2024

At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. violations; but I also think it’s clear this lawsuit is going to fail eventually. Their efforts have not been going well. the not-as-a-mark doctrine).

Defendant 77

Defendant Law Law Court 77

Eric Goldman

NOVEMBER 25, 2024

Toyota brought a SAD Scheme case against 103 defendants before Judge Daniel in the Northern District of Illinois. If these justifications sound familiar, it’s because these are the generic rotely-made defendant-unspecific allegations that are copied and pasted into most SAD Scheme complaints. .” Seriously, Toyota?

Defendant 52

Defendant Judge Court Lawsuit 52