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. See ECF No.

Defendant 98

Defendant Judge Lawsuit e-filing 98

Eric Goldman

MARCH 25, 2024

He calls out Twitter for its bad choice: This case is about punishing the Defendants for their speech…X Corp. s desire to amend its breach of contract claim has a dilatory motive—forcing CCDH to spend more time and money defending itself before it can hope to get out from under this potentially ruinous litigation.”

Defendant 106

Defendant Court Litigation Litigator 106

Martindale-Avvo

APRIL 7, 2023

As a lawyer who defends people with DWIs in Santa Fe, NM, you should consider advertising in the following places: Local newspapers: Consider advertising in local newspapers such as the Santa Fe New Mexican or the Santa Fe Reporter. The post Local Q&A: I defend people with DWIs in Santa Fe, NM. All inquiries will remain anonymous.

Defendant 98

Defendant Time-tracking Law firm Lawyer 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

Above the Law - Technology

MARCH 21, 2024

Defendant’s misgivings, meaning any facts that might demonstrate the defendant’s lack of character or empathy. (If you need help, you can click to open the tool that suggests claims based on your facts.) A description of the matter and chronology of events. Any issues likely to be contentious. The relief sought.

Lawsuit 310

Lawsuit Legal tech Legal tech Defendant 310

Artificial Lawyer

AUGUST 19, 2024

Sicily’s civil protection agency has now confirmed that along with Mike Lynch, the founder of legal AI pioneer, Luminance, Clifford Chance partner Chris Morvillo, who.

Defendant 107

Defendant Legal AI 107

TechnoLlama

FEBRUARY 3, 2024

A Commercial Court in Barcelona has made a ruling in a novel copyright dispute between fashion shop Mango and the Spanish collective society for artists VEGAP (text of the decision in Spanish here). The dispute involves the adaptation of a number of works by prominent Spanish artists into garments displayed […]

Defendant 109

Defendant Court 109

Future Lawyer

MARCH 26, 2023

Other changes which limit liability of Defendants are also made. For decades, Florida has been a comparative negligence state, in which a Plaintiff could collect damages based upon its jury determined percentage of fault, even if less than fifty per cent (50%). It should be an interesting next few years in personal injury law.

Lawyer 237

Lawyer Defendant Attorney Law 237

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? Do better).

Defendant 52

Defendant Judge Court Lawsuit 52

Eric Goldman

NOVEMBER 27, 2024

25, 2024) The post Amazon Must Defend “Yelp Law” Claim–Ramos v. .” This may be true, but it deserves more than a single sentence of “analysis.” ” Case Citation : Ramos v. Amazon.com, Inc. 2024 WL 4882638 (C.D. Amazon appeared first on Technology & Marketing Law Blog.

Defendant 78

Defendant Law Law Court 78

Eric Goldman

MAY 18, 2023

” [FN: the factors are: (1) “the nature of the act assisted,” (2) the “amount of assistance” provided, (3) whether the defendant was “present at the time” of the principal tort, (4) the defendant’s “relation to the tortious actor,” (5) the “defendant’s state of mind,” and (6) the “duration of the assistance” given.

Defendant 142

Defendant Court Failure-to-appear Lawsuit 142

Law Technology Today

AUGUST 29, 2023

Using tech to defend against (or hopefully avoid) these issues for clients One way that law firms can get a handle on all of this activity is to leverage privacy software that automates the discovery of the online data at the core of these concerns.

Defendant 75

Defendant Lawsuit Software Lawyer 75

Justia Legal Marketing & Technology blog

JANUARY 14, 2025

It also discusses procedural features of the criminal justice system, including constitutional protections for suspects and defendants. Will a Defendant Get Out of Jail Before Trial? In deciding whether a defendant should get out of jail , a judge will consider whether the defendant is likely to flee or pose a threat to public safety.

Prosecutor 80

Prosecutor Defendant Law Law 80

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

NOVEMBER 16, 2024

The defendant, Kalita Mukul Creative, ran community-focused newsletters. The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). Defendant’s financial benefit.

Court 102

Court Defendant Failure-to-appear Litigation 102

Eric Goldman

FEBRUARY 18, 2024

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

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. Schedule A Defendants Why Online Marketplaces Don’t Do More to Combat the SAD Scheme–Squishmallows v.

Defendant 112

Defendant Judge Failure-to-appear Court 112

Eric Goldman

JUNE 8, 2024

In 2014, the defendant launched a website called “The Texas Tamales Warehouse” but was driven off of that. Having established its trademark rights, in the most recent ruling, Texas Tamale unsurprisingly gets an injunction against the defendant. ” Uh oh. ” UGH. in the Adler v. McNeil case.

Lawsuit 129

Lawsuit Defendant Court Litigator 129

Eric Goldman

MARCH 6, 2024

Note: this case is functionally moot because the defendant, Sunfrog, is already defunct. He ultimately summarizes: “District court decisions within the Sixth Circuit have held that plaintiffs must show the defendant ‘intentionally and knowingly’ copied the copyrighted work.”

Defendant 120

Defendant Judge Lawsuit Court 120

Relativity

MAY 25, 2023

As popular culture some serious tension in regards to AI, we asked some of our partners to give us their take on artificial intelligence in e-discovery. Interestingly, we found a quartet of common themes woven among them.

e-discovery 96

e-discovery Defendant Law firm Law 96

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

MARCH 12, 2023

The court says that conduct sounds like “traditional editorial functions,” and defendants have not “altered or in any way included its own views when displaying the consumer complaints… every complaint and review (which defendants display separately) are posted without comment and input from defendants.”

Defendant 122

Defendant Mediator Court Lawsuit 122

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 112

Defendant Judge Court Litigator 112

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. It doesn’t work.

Lawsuit 98

Lawsuit Defendant Court Software 98

Eric Goldman

JULY 19, 2024

Take a look at the numbers: Amazon restrained $155k+ of the defendant’s money. That’s just for one of the many defendants in this case. “Defendant admits that it profited $32.30 The defendant fought back with its own damages expert. Would fair use apply? This post focuses on the case economics.

Defendant 96

Defendant Judge Court Lawsuit 96

Eric Goldman

AUGUST 19, 2024

The opposite of “copying-in-fact” is independent creation, i.e., the defendant independently executed a similar output to the copyright-protected work. Independent creation is a non-infringement, but defendants often admit to copying-in-fact or it’s obvious from the overlaps that are beyond random chance.

Defendant 122

Defendant Court Law Law 122

Eric Goldman

FEBRUARY 11, 2024

This is especially salient because many potential defendants could decline to answer because the cost of litigation would likely outweigh the mandatory statutory damages amount. But the defendant no-showed, so all of these concerns go out the window. Instead, it makes me wonder why the defendants are no-showing.

Defendant 115

Defendant Court Litigation Litigator 115

Eric Goldman

JUNE 7, 2024

But even if the plaintiff connected the dots, With respect to defendant’s possession of contrary information, the amended complaint has, at best, plausibly alleged that defendant did not know if the photograph was of Zilis and failed to verify the accuracy of the photograph, despite knowing what Zilis looked like.

Failure-to-appear 98

Failure-to-appear Defendant Lawsuit Court 98

Eric Goldman

JUNE 14, 2024

The cases reached important milestones last Fall, when both the federal and state court judges denied the social media defendants’ Section 230 motions to dismiss. Today’s post focuses on the social media defendants’ efforts to dismiss the parallel lawsuits by the school districts.

Lawsuit 102

Lawsuit Court Defendant Failure-to-appear 102

Eric Goldman

FEBRUARY 22, 2024

The court recaps past cases: the crux of the financial benefit inquiry is whether a causal relationship exists between the infringing activity and a financial benefit to the defendant. But in every case, the financial benefit to the defendant must flow directly from the third party’s acts of infringement to establish vicarious liability.

Defendant 120

Defendant Court Failure-to-appear Lawsuit 120

Eric Goldman

MAY 8, 2024

Publisher/Speaker Claims.

Failure-to-appear 105

Failure-to-appear Defendant Judge Court 105

Eric Goldman

JULY 21, 2024

“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. ” As you know, Section 230 applies even if defendants do more than passively display content. ” Defamation. .

Lawsuit 98

Lawsuit Failure-to-appear Defendant Court 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

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. This is an unusual move.

Defendant 98

Defendant e-discovery Lawsuit Court 98

Eric Goldman

MAY 22, 2023

On the question of actual confusion, the defendant’s log of inbound phone calls is the key piece of evidence: Defendants maintained call logs for four years which show that callers to Defendants’ phone number mentioned Lerner & Rowe 236 times. Regal * Another Competitive Keyword Advertising Lawsuit Fails–Infogroup v.

Lawsuit 112

Lawsuit Defendant Court Lawyer 112

Eric Goldman

SEPTEMBER 10, 2023

” (Technically, the defendants in this case are enumerated on “Exhibit 1” instead of “Schedule A,” but same thing). Plaintiffs allege hundreds of defendants are infringing their trademarks and selling counterfeit goods. The defendant sold the flag below it.

Court 98

Court Defendant Judge Litigation 98

Eric Goldman

MAY 6, 2023

Applied here, if the Subject Images were not stored on CBM Defendants’ servers or on servers that they controlled, then CBM Defendants have a possible defense to infringement… the images were not stored on CBM Defendants’ systems. They were fixed on a third-party server and displayed on users’ computer screens.

Defendant 112

Defendant Court Judge Law 112