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. [These are my rough-draft talk notes from a recent workshop of trademark law professors.]

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Defendant Judge Failure-to-appear Court 111

Eric Goldman

OCTOBER 17, 2023

The district court dismissed the contributory claim because the defendants didn’t materially contribute to the infringement. The court says the defendants waived any fair use defense by briefing it inadequately. For unexplained reasons, it does not appear that the defendants are invoking the 512 defense.

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Defendant Failure-to-appear Court Law 115

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.

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Court Defendant Failure-to-appear Litigation 102

Eric Goldman

FEBRUARY 21, 2024

Snapchat successfully defends on Section 230 grounds. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. Similarly, allegations of failure to warn of an application’s potential danger do not remove the “publisher” status. cite to LW v. Cite to Doe v.

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Defendant Failure-to-appear Court Judge 95

Eric Goldman

DECEMBER 10, 2023

However, with scant followup media attention, this lawsuit (filed in August, dismissed in December) rocket-docketed to failure faster than remanufactured printer cartridges run out of ink. * * * Note: The litigation GoFundMe page is still up. They have raised a total of $150 of their $500k goal. So close. Cites to McCarthy v. ccBill , LW v.

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Lawsuit Defendant Failure-to-appear Court 95

Eric Goldman

AUGUST 13, 2024

Substack defended on Section 230 grounds. Finally, Smith claimed that Substack’s “sheer failure to respond to [his] multiple reports, queries, and complaints was negligence.” Substack appeared first on Technology & Marketing Law Blog. ” In July 2023, it made a post entitled “ Oliver D. Google in response.

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Failure-to-appear Defendant Court Law 105

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.

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Defendant Court Failure-to-appear Lawsuit 119

Eric Goldman

MARCH 28, 2023

by guest blogger Kieran McCarthy Last year, the most important case in the history of web scraping— hiQ Labs, Inc. LinkedIn Corp. hiQ Labs I, 938 F.3d 3d 985 at 1005 ; hiQ Labs II at 43. Bright Data allegedly scraped Meta’s public data and sold it to its clients. Meta sent Bright Data a series of cease-and-desist notices telling it to stop.

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Defendant Court Failure-to-appear Litigation 126

Eric Goldman

OCTOBER 28, 2024

In an effort to curb mass arbitration, Ticketmaster sought to switch arbitration service providers to New Era ADR, including for past ticket purchases. New Era incorporated some defense-favorable provisions to its mass arbitration provision. The Ninth Circuit holds those provisions go too far and are procedurally and substantively unconscionable.

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Failure-to-appear Court Defendant Law 95

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.

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Lawsuit Court Defendant Failure-to-appear 102

Eric Goldman

NOVEMBER 2, 2023

“Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. . “Duffer seeks to hold Nextdoor, a service provider, liable for its failure to remove material posted by users of its website. Nextdoor appeared first on Technology & Marketing Law Blog.

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Failure-to-appear Defendant Federal law Lawsuit 98

Eric Goldman

JUNE 17, 2023

On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. GitHub, Inc. is one of the first major class-action lawsuits to dive into questions of online collection of “public data” and generative AI training data sets. The court also held that plaintiffs were permitted to proceed pseudonymously.

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Defendant Lawsuit Machine learning Court 132

Eric Goldman

JUNE 4, 2024

The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. ” The TOS provides additional details about what YouTube considers impermissible animal abuse.

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Attorney at Work

MAY 24, 2022

It lives in the past and is the bastard child of perceived mistakes and failures. One quality is more important than any other in having the life you want: confidence. Confidence is ultimately more important than resilience, talent or even intelligence for having the life you want. Self-Doubt Is a Wrecking Ball to Confidence.

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Lawyer Failure-to-appear Attorney Defendant 89

Debevoise Data Blog

NOVEMBER 12, 2024

Developers of artificial intelligence (“AI”) systems notched a victory last week when a federal judge dismissed claims under the Digital Millennium Copyright Act (“DMCA”) premised on the use of copyrighted works in AI training data, holding that the plaintiffs had failed to show any concrete harm and therefore lacked standing to bring their claims.

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Intellectual Property Defendant Failure-to-appear Litigation 52

Attorney at Work

JUNE 23, 2022

In Iowa, the Client Security Board acts as a quasi-criminal body — and, in effect, accused attorneys are treated more or less as any criminal defendant would be. Unfortunately, that’s something I know from personal experience. An Ethics Sanction Needn’t Be a Professional Death Sentence. That is, not if you don’t allow it to become one.

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Failure-to-appear Attorney Defendant Lawyer 97

Eric Goldman

OCTOBER 6, 2024

Plaintiff does not show that the alleged Marks appear anywhere else on Walmart.com apart from where they are inputted as search terms. This seems like a great case for the court to issue a fee shift to Walmart given the trademark owner’s absolute failure to show any harm. Seriously, dude? Fire, ready, aim. Cites to Sen v.

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Lawsuit Court Failure-to-appear Defendant 98

Eric Goldman

MARCH 9, 2024

[This is one of those opinions that is a slog to blog because the court’s statutory analysis made my head hurt. If this opinion confuses you, welcome to the club. FWIW, “Slog to Blog” would make a good band name.] Stratics Networks offers ringless voicemail and VOIP services. ” [Note 1: I HATE getting voicemails. OK boomer.

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Court Failure-to-appear Defendant Software 105

Eric Goldman

APRIL 29, 2023

In addition, although the takedown notices state that the company contacting Defendants, Appdetex, is Yuga’s DMCA Agent, it does not state that the notice is a DMCA notice. I’ve documented dozens of ways that 512(f) claims have failed, so the failure of this claim isn’t surprising. Never has, never will.

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Court Failure-to-appear Lawsuit State law 105

Lawmatics

SEPTEMBER 13, 2023

It may even get to the point where the media covers the case which can change public perception of the defendant and negatively impact both personal and professional relationships. Not to mention, it’s costly to defend yourself against a frivolous claim. Not to mention, it’s costly to defend yourself against a frivolous claim.

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Lawsuit Defendant Judge Court 52

OpenText

SEPTEMBER 16, 2024

They must also learn of the risks and issues with AI and how to detect and defend when it is being used. They must also learn of the risks and issues with AI and how to detect and defend when it is being used. However, technology is moving at lightning speed, and keeping pace is no longer good enough in a Legal 3.0 What is Legal 3.0

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Failure-to-appear Machine learning Legal tech Legal tech 69

Eric Goldman

AUGUST 11, 2023

August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. The district court said that the buyers who made their purchases on the website had to go to arbitration, but the buyers who made their purchases on their mobile devices could stay in court. Citing Sellers v. The court sees it differently.

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e-records Court Law Law 98

Clio

MAY 31, 2024

While telephone appearances have been common for many years, the COVID-19 pandemic ushered in a new era for court proceedings with remote participants. Now, many courtrooms allow video conferencing and other mechanisms to enable virtual appearances by attorneys. And what are some best practices for attorneys making virtual appearances?

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Hearing Failure-to-appear Court Judge 69

Eric Goldman

MARCH 29, 2023

Koerner Endowed Professor of Law, Tulane University Law School [See part 1 about defendant opt-outs and part 2 about defendant defaults.] Eight months after filing, the first two Copyright Claims Board (CCB) Final Determinations have been handed down. Mitrakos, 22-CCB-0035 , February 15, 2023, and Oppenheimer v. Let’s take a look.

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e-filing Court Failure-to-appear Dispute resolution 105

Legal Tech Monitor

JULY 27, 2023

Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. Failure to do so may result in a range of unwanted consequences from the exclusion of evidence to disciplinary action. Lawyers have an ethical duty under Illinois Rule of Professional Conduct (ILRPC) 1.6 Id., ¶ 119.

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Lawyer Defendant Failure-to-appear Court 52

Debevoise Data Blog

JUNE 22, 2021

Since the implementation of the California Consumer Privacy Act (“CCPA”) 18 months ago, more than 75 lawsuits have been filed seeking damages using the Act’s private cause of action. The CCPA provides a cause of action to “[a]ny consumer whose nonencrypted and nonredacted personal information.

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Litigator Litigation Defendant Failure-to-appear 52

Attorney at Work

MAY 30, 2022

For example, an allegation of failure to act with competence might be that you failed to interview enough or certain witnesses in a case. Detailed notes of every contact, attempt to contact, conversation or correspondence with every witness in a case will help protect you when defending against such allegations. In all likelihood, no.

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MatterSuite

APRIL 24, 2024

The median cost of defending a legal malpractice lawsuit is $100,000. The median cost of defending a legal malpractice lawsuit is $100,000. Failure to comply with these regulations can result in severe penalties, including suspension or revocation of licensure. Lawsuits can happen to anyone, even the most skilled lawyers.

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Lawyer Lawsuit Failure-to-appear Defendant 52

CaseFox

JUNE 29, 2023

In this motion, the case gets dismissed on the grounds like an improper venue or failure to state claims. Motion practice shapes the case, and if you want to handle your cases more professionally, understanding motion practice is essential. Legal motion management is an essential aspect of the litigation process.

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Client Intake Court Failure-to-appear Defendant 52

MatterSuite

APRIL 24, 2024

The median cost of defending a legal malpractice lawsuit is $100,000. Failure to comply with these regulations can result in severe penalties, including suspension or revocation of licensure. Lawsuits can happen to anyone, even the most skilled lawyers. Here are the top 8 benefits of malpractice insurance for lawyers.

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Lawyer Failure-to-appear Lawsuit Compliance 52

AXDRAFT

FEBRUARY 9, 2023

Failure to fully understand legal processes and the value they bring to your organization may lead to incidentally blocking revenue growth or putting your organization at risk. Courtroom litigation If a lawsuit is initiated against your company, it’s up to legal to prepare all materials to defend the company and minimize damage.

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Failure-to-appear Compliance Lawyer Legal tech 52

Debevoise Data Blog

JANUARY 31, 2022

On January 5, 2022, the NYAG’s Bureau of Internet and Technology published a Business Guide for Credential Stuffing Attacks , which was the result of a months-long investigation uncovering widespread failures of companies to effectively combat credential stuffing attacks on their customers. What Is Credential Stuffing?

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Failure-to-appear Defendant Compliance Software 52

Eric Goldman

JUNE 20, 2023

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. This post is 11,000+ words long, so you may want to block out some time to enjoy this properly.] By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 21-869 (May 18, 2023).

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Debevoise Data Blog

OCTOBER 12, 2022

There has been significant regulatory attention recently to “dark patterns,” including FTC guidance , state privacy laws , and state and federal enforcement actions. Some of this activity involves new regulations, and some is based on decades-old consumer protection laws that prohibit unfair and deceptive practices.

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Failure-to-appear Attorney Defendant Law 40

Eric Goldman

JUNE 7, 2023

The plaintiffs asserted products liability and related claims against Snap, on the premise that Snap “is an inherently dangerous software product that Defendants deceptively advertise and promote in a way that facilitates sex crimes against children.” To get around Section 230, the plaintiffs attempted the Lemmon v.

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Failure-to-appear Defendant Lawsuit Court 118

Eric Goldman

DECEMBER 26, 2023

28, 2020): There are facts from which a jury could determine that Defendants created and/or developed website content making the immunity under Section 230 of the CDA inapplicable and thus summary judgment is not appropriate. There is evidence Defendants’ conduct exceeded standard publication decisions. ” * Doe v.

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Defendant Failure-to-appear Court Lawsuit 98

Eric Goldman

MARCH 12, 2024

This is a Video Privacy Protection Act (VPPA) case against the video streaming platform Tubi. Tubi sought to send the case to arbitration per its TOS. The court says no. The account signup page on mobile devices looked like this (Screen 1): Note the unusual “skip” link in the upper right–what happens if users select it?

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Court Failure-to-appear Defendant Law 97