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.

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Defendant Court Litigator Litigation 105

Eric Goldman

OCTOBER 7, 2023

In response, she has brought several trash lawsuits, which have gone as well as you’d expect. Her latest trash lawsuit claimed that social media, the government, and Procter & Gamble were all doing the RICO against her. The court dismisses the lawsuit on several grounds, including res judicata. The complaint.

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Litigator Litigation Lawsuit Court 126

Trellis.Law Blog

MARCH 7, 2024

Approximately 41,000 civil lawsuits are filed daily in the U.S., This represents a goldmine of information about the litigation process. Read Our Article… Continue reading → The post ⚡Primer on Using State Court Trial Data for Business and Competitive Intelligence first appeared on Trellis.Law Blog.

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Court Lawsuit Litigation Litigator 130

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

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.

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Court e-filing Notary Hearing 132

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

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.

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Lawsuit Court Defendant Failure-to-appear 102

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.

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Lawsuit Machine learning Court Defendant 111

LawSites

APRIL 26, 2022

See all stories about this lawsuit. district judge in Delaware but who last month became a judge of the Court of Appeals for the Federal Circuit — sided with ROSS. However, the judge did not accept a second antitrust theory asserted by ROSS — that TR had engaged in anticompetitive conduct by pursuing sham litigation.

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Litigation Litigator Judge Lawsuit 98

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

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? With respect to accessing the content, the court says: “no provision of the Agreement provides a right to access that content under the circumstances here: termination for cause under the agreement.

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Lawsuit Court Litigation 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. The court applies the standard three-part Section 230 test: ICS Provider. ” The court is confused. ” The court is confused. Whoa, what a flashback. LifelongLearning.

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Lawsuit Court Judge Litigation 98

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

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.

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Lawsuit Intellectual Property Court Defendant 84

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.

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Intellectual Property Lawsuit Defendant Judge 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.

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Lawsuit Defendant Court Litigator 129

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.”

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Lawsuit Court Legal research Litigator 98

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.

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Court Failure-to-appear Lawsuit Judge 105

Eric Goldman

AUGUST 21, 2023

This is one of several ideologically motivated lawsuits against YouTube for allegedly engaging in “discriminatory” content moderation. Thus, I always felt the litigation ploy acted as an adverse admission by the plaintiffs. After 5 tries, the Divino LGBTQ lawsuit finally failed last month.

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Court Machine learning Lawsuit Law firm 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.” They have raised a total of $150 of their $500k goal. Google opinion.

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Lawsuit Defendant Failure-to-appear Court 95

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.

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Court Defendant Litigation Law 75

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. This article gives some background on Fyk’s story).

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Lawsuit Defendant Court Litigation 110

Brett Trout

JANUARY 17, 2025

Even for smaller cases, where the damages are less than $1 million, the patent litigation costs average $700,000. While a contingent fee arrangement does not cover third-party costs such as expert witness fees, they cover attorneys fees which typically make up the vast majority of litigation costs. What Is a Contingent Fee Structure?

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Litigation Litigator Attorney Intellectual Property 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. The plaintiffs’ allegations were sizzling.

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Court Judge Defendant Hearing 111

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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Court e-discovery Defendant e-filing 105

Eric Goldman

OCTOBER 6, 2024

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.” ” The court adds: The Google search results are simply Walmart webpages that contain search results themselves.

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Lawsuit Court Failure-to-appear Defendant 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.

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Lawsuit Defendant Court Litigation 98

Eric Goldman

SEPTEMBER 10, 2023

The court describes the phenomenon: This case is one of many in the Northern District of Illinois’s “cottage industry” of “Schedule A” cases. Few defendants appear in court, so plaintiffs move for default judgment and collect what funds they can. For a fuller description of the litigation genre and its problems, see my paper.

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Court Defendant Judge 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. 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.

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Lawsuit e-filing Court Judge 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). ” Fraud. The complaint.

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Defendant Lawsuit Court Litigation 107

Eric Goldman

MAY 13, 2023

This is another lawsuit between personal injury law firms over competitive keyword ads. The court says the plaintiff’s allegations sufficed for now. The court says this rejoinder has to wait until summary judgment. Groupon * 1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v.

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Law firm Lawsuit Law Law 105

Brett Trout

JANUARY 17, 2025

Implications for the Intellectual Property and Legal Community The FTCs lawsuit against Deere raises important questions about how intellectual property rights intersect with antitrust law and consumer protection. Efficiency: Immediate access to repair tools means faster fixes and less downtime.

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Intellectual Property Lawsuit Software Litigation 40

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.

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LawSites

MARCH 22, 2023

In 2020, ALM , publisher of legal news sites including Law.com, The American Lawyer and New York Law Journal, launched Law.com Radar , a service that delivers custom-tailored news drawn from court dockets, with a unique twist — its news summaries are generated algorithmically, then quickly reviewed by human editors.

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Lawsuit Court Litigation Litigator 52

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 Litigation Litigator 52

Legal Tech Monitor

MARCH 22, 2023

In 2020, ALM , publisher of legal news sites including Law.com, The American Lawyer and New York Law Journal, launched Law.com Radar , a service that delivers custom-tailored news drawn from court dockets, with a unique twist — its news summaries are generated algorithmically, then quickly reviewed by human editors.

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Lawsuit Court Litigation Litigator 52

Legal Expert Connections

FEBRUARY 25, 2024

Advertisements have become a powerful tool for plaintiff lawyers specializing in mass litigation, according to a Wall Street Journal article titled “The Latest Ad Boom: Lawyers Seeking Plaintiffs for Mass Litigation” published in January 2024. Courting Your Clients is offered exclusively by Legal Expert Connections, Inc.,

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Litigation Litigator Lawyer Workers Compensation 52