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A Judge Enumerates a SAD Scheme Plaintiff’s Multiple Abuses, But Still Won’t Award Sanctions–Jiangsu Huari Webbing Leather v. Schedule A Defendants

Eric Goldman

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.

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Judge Reconsiders SAD Scheme Ruling Against Online Marketplaces–Squishmallows v. Alibaba

Eric Goldman

I previously blogged about one such case, where Squishmallow sued 90 e-commerce merchants in a sealed complaint and got a TRO. 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.”

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On LawNext: Rasa Legal Founder Noella Sudbury On Simplifying Criminal Records Expungement

LawSites

Noella Sudbury became interested in the issue of criminal records expungement soon after law school, while working as a criminal defense lawyer. Over and over again, she saw clients put in the hard work to get out of the criminal justice system and rebuild their lives, only to have doors slammed in their faces because of their records.

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Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

Eric Goldman

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). But the collaboration dissolved a few years later. 9 on the Billboard chart.

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Hot Take on the Wavy Baby Decision (Guest Blog Post)

Eric Goldman

What the Second Circuit stated and what the Supreme Court held are two markedly different standards for disqualifying a defendant from application of the speech-protective Rogers v. What the Supreme Court actually held was that a defendant is disqualified if it “uses another’s trademark as a trademark—… as a source identifier.”

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More Chaos in the Law of Online Contract Formation

Eric Goldman

Two top-line takeaways you might get from this post: A two-click formation process avoids the risk of judges moving the goalposts about formation, and If you are amending your TOS, have an airtight plan for building a credible evidentiary record. HELLO UETA and E-SIGN. In re: StubHub Refund Litigation , No. 22-15879 (9th Cir.

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No, You Don’t Have to Read Everything

Joshua Gilliland

million pages of discovery, plus 49 audio recordings, and two videos. Counsel for the defendants can use e-discovery software to aid in their review and can enlist the assistance of additional attorneys if necessary. In addition to the three attorneys of record, the defense team also includes an investigator.