Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

In addition to educating the public and helping develop policies, the agency can bring legal actions against people or businesses that have allegedly violated consumer protection laws. The Consumer Protection Law Center at Justia provides more details about how the FTC helps protect consumers from deceptive and unfair business practices.

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Mediator Dispute resolution Law Law 244

Eric Goldman

DECEMBER 4, 2023

In the lawsuit I’m covering today, Roblox named over 250 defendants. If that’s true with the other 18 cases, Roblox may have sued 4,000+ defendants using the SAD Scheme. Hierl was the lead counsel on the Emojico case I opined on in 2021.] * * * Jurisdiction The defendant Bigfinz sells t-shirts. Seriously, Roblox?

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Defendant Judge Lawsuit Court 116

Justia Legal Marketing & Technology blog

FEBRUARY 27, 2024

A lawsuit usually starts with a complaint , which the plaintiff files with the court and serves on the defendant. In the complaint, the plaintiff explains the basis for their claim and the remedy that they are seeking, such as money or an order to tell the defendant to do or not do something.

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Lawyer Mediator Lawsuit Defendant 264

Eric Goldman

FEBRUARY 26, 2025

In other words, the plaintiffs are trying to use venerable legal doctrines to create a common-law notice-and-takedown scheme. Thus, to remedy the alleged defect, Defendants would have to change the content posted on their platforms. Such allegations fail to state a claim under products liability law. Strict Products Liability.

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Court Defendant Failure-to-appear Lawsuit 59

Justia Legal Marketing & Technology blog

MAY 4, 2023

As exciting as generative AI can be, it raises certain questions involving copyright law. Federal copyright law protects “original works of authorship [that are] fixed in any tangible medium of expression,” ranging from books and movies to paintings, architecture, and music. However, the U.S.

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Lawsuit Intellectual Property Court Defendant 246

Brett Trout

FEBRUARY 11, 2025

Brett Trout Patent litigation is often complex and high-stakes, but the case involvingLeigh Rothschild, Starbucks, and attorney Rachael Lamkinhas taken an unusual turn, morphing from a patent infringement lawsuit into allegations of fraud, and now, a defamation battle? from defendants through AT.

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Intellectual Property Lawsuit Defendant Litigator 52

Eric Goldman

FEBRUARY 16, 2025

Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , 2024 WL 4532937 (N.D. Combined with prior rulings, in the October 24, 2024 ruling, the court summarizes where the various claims stand: It’s even more complicated, because several of the plaintiffs’ claims are based on state laws.

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Defendant Court Litigation Litigator 59

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.

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LawSites

JUNE 29, 2022

Today brings news that Gavelytics , a seven-year-old litigation analytics company, is closing its doors effective tomorrow. We earned the loyalty of many of the world’s largest law firms and insurance companies. We patented multiple elements of our technology. The reason, he said, is “a long story.” In 2018, the company raised $3.2

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Analytics Litigation Litigator Judge 98

Brett Trout

FEBRUARY 18, 2025

What This Means for Patent Holders Nintendos legal strategy serves as a reminder that securing patent is only half the battle defending those patents is just as crucial. A well-drafted patent can deter infringement before litigation even begins.

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Intellectual Property Lawsuit Litigator Litigation 52

Technically Legal

MAY 9, 2024

Studies determined that at least one litigant does not have a lawyer in 75% of civil cases in the United States. The number is even higher when it comes to family law, domestic violence, housing, and small claims matters. But organizations like Oregon’s Commons Law Center are doing something about it.

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Estate planning Law firm Law Law 111

Debevoise Data Blog

NOVEMBER 12, 2024

Judge Colleen McMahon of the Southern District of New York dismissed plaintiffs’ suit in its entirety, holding that plaintiffs had no cognizable claim for damages or injunctive relief because they failed at this stage of litigation to demonstrate that they had been harmed in any way by OpenAI’s actions. See, e.g. , Kirk Kara Corp.

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Intellectual Property Defendant Failure-to-appear Litigator 52

Debevoise Data Blog

FEBRUARY 14, 2025

Interestingly, the change in outcome was not due to a change in law or fact rather, as the case proceeded after the initial summary judgment ruling, the court (according to the new opinion) studied the case materials more closely and invited the parties to renew their summary-judgment briefing rather than proceed immediately to trial.

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Court Intellectual Property Defendant Legal research 52

Debevoise Data Blog

FEBRUARY 4, 2025

1] The Tremblay plaintiffs, a proposed class of artists and authors, alleged that GPT-4 was trained on datasets containing the plaintiffs copyrighted works, and that the training of GPT-4 directly infringed plaintiffs copyrights and amounted to unfair competition under California law. OpenAI, Inc. cases since last February). [1] OpenAI, Inc.

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Intellectual Property Defendant Court Judge 52

Eric Goldman

OCTOBER 17, 2023

But if you really want Kiwi Farms gone, have you considered using copyright law for its censorial power? 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.

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Defendant Failure-to-appear Law Law 115

Brett Trout

FEBRUARY 5, 2025

They possess the expertise to navigate the complexities of patent law, draft robust claims, and provide detailed descriptions to reduce the likelihood your patent eventually gets thrown out of court for lack of adequate disclosure.

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Litigator Litigation Court Lawsuit 52

Martindale-Avvo

FEBRUARY 7, 2025

In my last post , I discussed how evolving technology will continue to influence our relationships and thus, impact family law. In response, Baldoni released additional messages in an attempt to defend himself. This is often the case in family law matters. Brandt at www.cozen.com.

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Court Attorney Defendant Lawsuit 64

Eric Goldman

MARCH 8, 2024

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

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Defendant Judge Failure-to-appear Court 111

Eric Goldman

JUNE 8, 2024

In 2014, the defendant launched a website called “The Texas Tamales Warehouse” but was driven off of that. ” That prompted this litigation. .'” ” That prompted this litigation. Normally, in a situation like this, I ask the question: “Who owns the right to the name ‘Texas Tamale’?”

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Lawsuit Defendant Court Litigator 129

Eric Goldman

MAY 18, 2023

Today was the 2023 Super Bowl of Internet Law at the U.S. FN: I say the 2023 Super Bowl because the Supreme Court necessarily will be taking Internet Law cases every term for the foreseeable future, and each new Internet Law case they take has the capacity to rock our world.] Supreme Court [FN]. Taamneh and Gonzalez v.

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Defendant Court Failure-to-appear Lawsuit 142

Brett Trout

JANUARY 14, 2025

Consult a patent lawyer to discuss enforcement options, which may include sending a cease-and-desist letter or pursuing litigation. Patent law is intricate, and mistakes in your application can lead to delays or even rejection. If you suspect patent infringement: Gather evidence of the infringement.

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Intellectual Property Legal advice Lawyer Litigator 59

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.

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Court Defendant Judge Lawsuit 133

Eric Goldman

MAY 13, 2023

This is another lawsuit between personal injury law firms over competitive keyword ads. The plaintiff is Nicolet Law, based in Hudson, Wisconsin with 14 offices in Wisconsin and Minnesota. The defendant is the Bye, Goff firm, based in River Falls, Wisconsin with other in-state offices. Case citation : Nicolet Law Office S.C.

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Law firm Lawsuit Law Law 105

Legal Talk Network

OCTOBER 31, 2019

In these episodes, they discussed updates in specific areas of law as well as shared upcoming events and programs within their sections. Last and definitely not least, we had the opportunity to catch up with my legal hero Erwin Chemerinsky, the Dean of Berkeley Law, as we discussed his topic presented at the Alexander F.

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Intellectual Property Lawyer Judge Workers Compensation 235

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

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?

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Defendant Intellectual Property Court Judge 116

Eric Goldman

FEBRUARY 11, 2024

Instead, citing possibly deprecated law from Goldman v. A liberal interpretation of the Copyright Act, therefore, could open the floodgates to endless litigation. But the defendant no-showed, so all of these concerns go out the window. But the defendant no-showed, so all of these concerns go out the window.

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Defendant Court Litigation Litigator 115

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. Craigslist and Godwin v.

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Defendant Judge Court Litigator 111

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. For a fuller description of the litigation genre and its problems, see my paper.

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Court Defendant Judge Litigator 98

Eric Goldman

JUNE 12, 2024

In 2014, California enacted AB2365 , sometimes called the “Yelp law,” codified at Cal. The law prohibits businesses from suppressing consumer reviews (on Yelp or elsewhere). Thus, more likely, this law is one of thousands of laws that the California legislature passes with some hype but then gets widely ignored.

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Court Defendant Law Law 75

Brett Trout

JANUARY 30, 2025

Three proposed billsthePREVAIL Act, RESTORE Act, and PERA (Patent Eligibility Restoration Act)aim to fix longstanding issues in patent law, making iteasier for inventors to obtain patents, defend them in court, and monetize their innovations. This law would give inventors a real weapon against infringers? Brett Trout The U.S.

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Intellectual Property Court Litigator Litigation 52

Eric Goldman

MARCH 3, 2025

The plaintiff brought a putative class action lawsuit against Capital One based on Washington’s anti-spam law and related claims. Capital One defended on Section 230 grounds (among others). Section 230 wasn’t a main issue in most of those litigation battles, and it doesn’t work here. See this roundup.

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Martindale-Avvo

APRIL 28, 2023

Congratulations on graduating from law school ! Some of the most popular areas of practice in Chicago, IL include: Corporate law : This involves representing businesses in a variety of legal matters, such as mergers and acquisitions, contracts, and regulatory compliance. Chicago is a vibrant city with a diverse legal market.

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Intellectual Property Dispute resolution Criminal trial Defendant 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.

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Court Litigation Litigator Defendant 123

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.

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Defendant e-discovery Court Lawsuit 98

Eric Goldman

JULY 30, 2024

“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.” Google appeared first on Technology & Marketing Law Blog. ” Fraud. ” Constitutional Violations.

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Defendant Lawsuit Court Litigation 107

Eric Goldman

OCTOBER 23, 2023

The legislature passes a law that’s likely unconstitutional, but the law doesn’t provide for enforcement by any state actors. Instead, the law creates a “bounty” system that rewards bounty hunters for privately enforcing the law. 9:2800.29, effective Jan. 1, 2023.

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