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

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

JUNE 14, 2024

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. It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue.

Lawsuit 102

Lawsuit Court Defendant Failure-to-appear 102

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

LawSites

JUNE 29, 2022

Today brings news that Gavelytics , a seven-year-old litigation analytics company, is closing its doors effective tomorrow. We invented the category of state court analytics. We built things never before built and answered litigation-related questions never before answerable. The reason, he said, is “a long story.” .

Analytics 98

Analytics Litigator Litigation Judge 98

Eric Goldman

JULY 14, 2023

The latest ruling addresses YouTube’s motion to dismiss the fourth amended complaint, which the court grants with prejudice. You’d think that if that claim is your strongest/only claim, you’d go ahead and give up, but I’m not a litigator so what do I know? Case citation : Divino Group LLC v.

Lawsuit 98

Lawsuit Court Machine learning Defendant 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. That’s a litigation strategy, I guess. Thus: the Court is left with two competing interpretations of the Conditions of Use.

Defendant 77

Defendant Law Law Court 77

Eric Goldman

FEBRUARY 11, 2024

The plaintiff doesn’t indicate whether or not WGNAFM’s photo usage was licensed, but the court seemingly wouldn’t care if it was. Breitbart , the court says that “reposting” on “social media” is enough to find copyright infringement in a default judgment. All excellent points. It no-showed.

Defendant 115

Defendant Court Litigator Litigation 115

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

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

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. ” That prompted this litigation. .'” ” Say what? ” Uh oh.

Lawsuit 129

Lawsuit Defendant Court Litigator 129

Eric Goldman

SEPTEMBER 26, 2024

After hearing this allegation at least twice, the Court instructed plaintiffs’ counsel to go present proof of such a bribe and to specifically subpoena the banks that were allegedly involved in laundering the bribe. This is the basic reason that summary judgment, at long last, must be GRANTED to Meta defendants.

Court 111

Court Judge Defendant Hearing 111

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

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

Eric Goldman

MARCH 19, 2024

Here’s the court’s entire Section 230 “analysis” (as opposed to its recap of the parties’ arguments): plaintiff has set forth sufficient facts with regard to each defendant to allege viable causes of action under a products liability theory.

Defendant 111

Defendant Judge Court Litigator 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. In the last year, a team of California litigators (from Singleton Schreiber in Sacramento and Law Offices of Thomas Leary from San Diego) has launched 1670.8 of their cases in state court.

Court 75

Court Defendant Litigator Law 75

Eric Goldman

DECEMBER 30, 2023

For unclear reasons, Kelly Toys expanded the litigation to add online marketplaces Alibaba and AliExpress as defendants. Normally, SAD Scheme rightsowners don’t sue online marketplaces because that brings in well-funded and highly motivated defendants who will jack up the litigation costs substantially.

Defendant 98

Defendant e-discovery Lawsuit Court 98

Liquid Litigation Management, Inc.

SEPTEMBER 25, 2018

While it is common to hear about large corporate defendants being sanctioned in huge products liability cases for not properly disclosing information, an individual plaintiff being sanctioned for the same offense is far less common. In the Order Judge Milazzo stated: The Court is troubled by Gahan’s conduct.

Defendant 52

Defendant Litigator Litigation Judge 52

Eric Goldman

AUGUST 30, 2023

The court denies a preliminary injunction. Though the court says it’s a close question, the court says that the plaintiff does not have a likelihood of success on the merits. To analyze this, the court applies the standard likelihood of consumer confusion factors. The litigants directly compete. Not relevant.

Lawsuit 98

Lawsuit Court Defendant Litigator 98

Eric Goldman

FEBRUARY 18, 2024

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.” The Court’s contempt Order was therefore improper under Rule 65(d)(2)(C) and must be vacated.

Judge 111

Judge Defendant e-records Court 111

Eric Goldman

SEPTEMBER 29, 2024

The defendants sought to overturn the jury verdict. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” This was evident with Defendants’ “Create-A-Superstar” feature which enabled a user to take the tattoos and apply them to their own custom wrestler avatar. ” Really?

Defendant 116

Defendant Intellectual Property Court Judge 116

Eric Goldman

JANUARY 11, 2024

The court dismisses them all. The 9th Circuit reverses the district court on the Section 230 dismissal, but it proves inconsequential because all of the claims fail for lack of merit. These allegations do not treat Defendants as publishers or speakers and therefore are not covered by the CDA. Is that what’s going on here?

Defendant 98

Defendant Court Litigator Litigation 98

Eric Goldman

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Court 123

Court Litigator Litigation Defendant 123

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. July 26, 2024).

Defendant 107

Defendant Lawsuit Court Litigator 107

Eric Goldman

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. Third, Defendant integrated its user data with Microsoft’s Azure cloud computing system.

Defendant 126

Defendant Court Failure-to-appear Litigator 126

Eric Goldman

APRIL 21, 2024

I wrote up a 4,000 word draft about the state court ruling, but the federal ruling came out before I finished it. I couldn’t blog just the state case without discussing the new development, so I planned to modify my blog post on the state court ruling to compare/contrast the federal ruling. It doesn’t work.

Litigator 105

Litigator Litigation Court Defendant 105

Eric Goldman

OCTOBER 17, 2023

The Court Opinion Greer was a target of one of Kiwi Farms’ attacks. The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. The appellate court revives the claim. The court says it does–a logical and defensible conclusion.

Defendant 115

Defendant Failure-to-appear Court Law 115

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.” 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.

Intellectual Property 105

Intellectual Property Lawsuit Defendant Judge 105

Trial Technology

SEPTEMBER 23, 2016

Although I am confident there is some attorney out there with the perfect case for this, I do not plan on ever using it as a demonstrative in court. It’s sort of like the “ CSI Effect ,” where jurors have come to expect some serious technology used in the courtroom to convict or acquit a defendant. At least every one I’ve seen.

Trial presentation 130

Trial presentation Defendant Attorney Court 130

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 1, 2024

On appeal to the Supreme Court, the laws baffled the justices due to their sprawling nature, confusing provisions, and misguided policy assumptions. The Supreme Court unanimously agreed to send the cases back to the Fifth and Eleventh Circuits for more careful review of the plaintiffs’ facial challenges to the laws.

Court 115

Court Defendant Lawsuit State law 115

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 Supreme Court denied cert. Freedom Def. Initiative v. Sessions, 697 F. App’x 7 (D.C.

Lawsuit 110

Lawsuit Defendant Court Litigator 110

Attorney at Work

NOVEMBER 15, 2021

The pace of litigation is dizzying. The problem, however, was that these insights were impossible to access, especially for attorneys at the state trial court level. There was no effective way to perform practical legal research on state trial court records. But things are starting to change. The result?

Analytics 102

Analytics Judge Litigator Litigation 102

Eric Goldman

OCTOBER 23, 2023

It is theoretically possible that bounty-based private litigation is the best way to enforce a law, but in practice those situations are rare or non-existent. The costs of defending those lawsuits is a financial punishment with censorial consequences, even if the defendant never violated the law. 9:2800.29, effective Jan.

Defendant 98

Defendant Time-tracking Court Litigator 98

Eric Goldman

DECEMBER 5, 2023

A signature feature of SAD Scheme cases is that rightsowners typically try to seal defendants’ identities. But sealing defendants’ identities directly conflicts with courtroom transparency, a foundational principle essential for trust in our judicial system. Those defendants never reach the default judgment stage.

Judge 98

Judge Defendant Court Litigator 98

Eric Goldman

OCTOBER 28, 2023

In 2016, Congress enacted the Defend Trade Secret Act (DTSA). However, as we know, courts routinely and predictably make errors when ruling on ex parte motions, so any additional legislative embrace of ex parte procedures is always fraught with peril. The parties are already in litigation. What could possibly go wrong with that?

Defendant 98

Defendant Court Litigator Litigation 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.

Litigator 52

Litigator Litigation Machine learning Court 52