Brett Trout

MARCH 11, 2025

Although the case was just settled, this lawsuit was not Nikes first foray into patent infringement litigationnor is it likely to be its last. In its lawsuit, Nike sought both damages and a permanent injunction to stop Lululemon from producing the allegedly infringing designs. The lawsuit was settled in 2021.

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Intellectual Property Lawsuit Defendant Litigator 90

Justia Legal Marketing & Technology blog

OCTOBER 31, 2023

Simpson next faced a civil lawsuit under a wrongful death theory. Someone exploring this chapter of American legal history might want to know more about what the prosecution needs to prove in a murder case, or how a defendant can beat the charge. Types of Homicide Charges People sometimes use “homicide” and “murder” interchangeably.

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Defendant Law Law Lawsuit 264

Eric Goldman

MARCH 28, 2025

Last year, the Ninth Circuit said that plaintiffs could get around Section 230 in their lawsuit against the app maker YOLO because the app maker said it would ban users for inappropriate statements and would unmask harassers. This opinion raised numerous Section 230 jurisprudential issues. The court disagrees. ” What?

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Defendant Lawsuit Court Judge 83

Justia Legal Marketing & Technology blog

AUGUST 13, 2024

When a victim suffers preventable harm, they usually can bring a claim or lawsuit for compensation. This means that a plaintiff will need to prove four main elements: a duty of care owed by the defendant to the plaintiff, a breach of that duty, causation , and damages. Many of these events could have been foreseen and avoided.

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Workers Compensation Defendant Law Law 264

Justia Legal Marketing & Technology blog

OCTOBER 8, 2024

Negligence involves showing that the manufacturer or other defendant failed to use appropriate care. Sometimes punitive damages also may be available if the defendant engaged in egregious misconduct. What Happens When a Defendant Cannot Pay? Defendants tend to fight these cases vigorously whenever possible.

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Defendant Law Law Lawsuit 264

Justia Legal Marketing & Technology blog

JUNE 18, 2024

Medical malpractice cases may pose more challenges than a typical personal injury lawsuit, though. The expert may discuss what the standard of care required, explain how the defendant failed to meet the standard, and describe the connection between their negligence and the injuries.

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Lawsuit Law Law Defendant 264

Justia Legal Marketing & Technology blog

FEBRUARY 27, 2024

Stages of a Lawsuit Even if they are working with an attorney, someone considering a lawsuit (or already involved in a lawsuit) may want to know about how the court process unfolds. A lawsuit usually starts with a complaint , which the plaintiff files with the court and serves on the defendant.

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Lawyer Mediator Lawsuit Defendant 264

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. at issue here.

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Defendant Judge Lawsuit Court 116

Eric Goldman

FEBRUARY 15, 2025

The defendant runs a Florida horse ranch. In 2016, the defendant licensed the plaintiff’s Equine Boarding Forms Package, consisting of form releases for adults and minors. The license permitted the defendant to “copy, email and otherwise distribute the” forms but not post them to the web.

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Lawsuit Defendant Court Judge 52

Eric Goldman

APRIL 28, 2024

299 limits joinder in patent cases to defendants who infringe using “the same accused product or process.” ” Congress enacted this requirement to restrict patent trolls who were filing lawsuits against defendants who had nothing in common but the allegation that they were infringing the same patent.

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Defendant Judge Lawsuit Court 98

Eric Goldman

DECEMBER 12, 2023

Every SAD Scheme lawsuit is problematic, though the specific reasons may differ. Each lawsuit creates dozens or hundreds of individual dramas, few of which receive any public scrutiny, and usually comes at the cost of due process and the rule of law. As usual, the Schedule A provides threadbare information about each defendant.

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Defendant Lawsuit Judge Court 96

Justia Legal Marketing & Technology blog

NOVEMBER 10, 2023

While medical malpractice generally does not lead to criminal charges, it can result in a lawsuit against a healthcare provider. For example, a victim or their family may need to hire an expert witness or file additional documents with their lawsuit. Proving a Malpractice Claim Not every mistake warrants a malpractice lawsuit.

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Lawsuit Law Law Prosecutor 264

Trellis.Law Blog

JULY 31, 2024

Since 1985, the firm has defended corporate clients in high-exposure and technically intricate lawsuits… Continue reading → The post Deep Trellis State Court Capabilities Help Bowman and Brooke Track Trends and Defend Mass Tort Litigation in State Courts first appeared on Trellis.Law Blog.

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Defendant Court Litigator Litigation 100

Eric Goldman

JULY 21, 2024

Recapping a couple of doomed-from-inception lawsuits. “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. Benedict v. Google LLC , 2024 WL 3427161 (D. ” Defamation. .

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Lawsuit Failure-to-appear Defendant Court 98

Eric Goldman

MAY 22, 2023

The court dismisses the lawsuit on summary judgment. 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. LoanStreet v.

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Lawsuit Defendant Court Lawyer 111

Brett Trout

FEBRUARY 19, 2025

The real challenge often lies in defending that patent. But if you want a patent that encourage your competition to avoid court, finding a patent attorney well-versed in bothpatent prosecution(the process of obtaining a patent) andpatent litigation(enforcing or defending against infringement claims) can return large dividends.

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Litigator Litigation Intellectual Property Attorney 59

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

JULY 14, 2023

This long-running lawsuit started in 2019. When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. Case citation : Divino Group LLC v. Google LLC , 2023 WL 4372701 (N.D.

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Lawsuit Court Machine learning Defendant 98

Law Technology Today

AUGUST 29, 2023

Over 18 class-action lawsuits have been filed against hospitals and counting, alleging they are sharing health data via online trackers. Besides healthcare, we’ve seen plaintiffs’ attorneys bring class-action lawsuits related to sharing video streaming data from websites to Facebook via the Meta pixel under the Video Privacy Protection Act.

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Defendant Lawsuit Software Lawyer 75

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.

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Lawsuit Defendant Court Software 98

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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Defendant Judge e-filing Lawsuit 98

Eric Goldman

SEPTEMBER 28, 2024

The plaintiff claims that the defendant company is engaging in a form of corporate identity theft, trading on its license number, and that Angi promoted the interloper as a certified contractor without doing proper verification. Angi unsuccessfully defends on Section 230 grounds. It matches contractors with homeowners.

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Lawsuit Failure-to-appear Defendant Court 105

Eric Goldman

MARCH 9, 2023

” The abstract: This paper describes a sophisticated but underreported system of mass-defendant intellectual property litigation called the “Schedule A Defendants Scheme” (the “SAD Scheme”), which occurs most frequently in the Northern District of Illinois as a way to target Chinese online marketplace vendors.

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Intellectual Property Lawsuit Defendant Judge 105

Legal Talk Network

OCTOBER 2, 2024

for his misconduct and still has 33 lawsuits pending. The National Registry of Exonerations compiled a list of defendants subjected to unjust treatment by the detectives, available here. Mulero is just one of the many people harmed by these unqualified and manipulative detectives.

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Defendant Lawsuit Hearing Attorney 264

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

MARCH 25, 2024

This well-publicized lawsuit is an example of Musk waging lawfare over a critic’s speech. He calls out Twitter for its bad choice: This case is about punishing the Defendants for their speech…X Corp. He calls out Twitter for its bad choice: This case is about punishing the Defendants for their speech…X Corp.

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Defendant Court Litigator Litigation 105

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.

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Lawsuit Defendant Court Litigator 129

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. “both the plaintiff and the defendant rely on the internet as a sales tool.” ” Defendant intent.

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Lawsuit Court Defendant Litigator 98

Justia Legal Marketing & Technology blog

NOVEMBER 28, 2023

Most (but not all) states have enacted dram shop laws that provide specific rules for when a victim may bring this type of lawsuit. Civil Statutes of Limitations: 50-State Surveys When someone is considering bringing a lawsuit, they will need to account for the statute of limitations.

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Lawsuit Defendant Prosecutor Court 264

Eric Goldman

AUGUST 27, 2024

Plaintiff further alleges that Defendants knew they were collecting biometric data from Illinois citizens, including children, in violation of Illinois state law.” May 29, 2024) The post AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v. Case Citation : Mayhall v. Amazon Web Services Inc.,

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Lawsuit Defendant Court State law 98

Justia Legal Marketing & Technology blog

DECEMBER 27, 2024

A class action is a type of lawsuit in which many consumers (or other types of plaintiffs) can pursue compensation from the same defendant after suffering the same or similar harm. However, a lawsuit must meet certain criteria provided by rules of civil procedure to get certified as a class action.

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Bankruptcy Law Law Lawsuit 264

Eric Goldman

FEBRUARY 26, 2025

This lawsuit purports to focuses on the allegedly defective operation of the services’ reporting tools, but the plaintiffs’ goal was to hold the services accountable for their alleged inaction in response to some reports. .” These arguments revisit well-trodden legal ground, but the plaintiffs tried a modest innovation.

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Court Defendant Failure-to-appear Lawsuit 59

Eric Goldman

FEBRUARY 7, 2024

This lawsuit seeks to hold Letgo liable for the murders. It said 230 was not available to Letgo because, per Accusearch , “Plaintiffs have sufficiently pleaded, for a motion under Rule 12(b)(6), that Defendants contributed in part to the allegedly offending ‘verified’ representation.” Negligence. Case Citation : Roland v. Letgo, Inc.

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Lawsuit Machine learning Court Defendant 111

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.” Cites to McCarthy v. Amazon , Ratermann v. Pierre Fabre , Eberhart v.

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Lawsuit Defendant Failure-to-appear Court 95

Debevoise Data Blog

JANUARY 13, 2025

The past year was marked by many more filed cases than decisions, and those decisions that were issued largely demonstrated how well-known pitfalls will also hamper this new wave of AI lawsuits. 1] Proving Defendants Use of Training Data Inputs. In Millette v. OpenAI, Inc., Showing Substantial Similarity of Generative AI Outputs.

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Litigator Litigation Intellectual Property Defendant 52

Eric Goldman

MARCH 4, 2025

Based on this ruling, Viral DRM’s earlier SAD Scheme lawsuit also may have been deficient on copyright standing grounds. Schedule A Defendants Judge Rejects SAD Scheme JoinderToyota v. Schedule A Defendants Another Judge Balks at SAD Scheme JoinderXie v. Schedule A Defendants My Declaration Identifying Emoji Co.

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Defendant Judge Lawsuit Court 52

Brett Trout

FEBRUARY 18, 2025

Recently, the companys aggressive enforcement of its intellectual property (IP) has taken center stage, with high-profile lawsuits targeting game modders, emulator developers, and companies like Pocketpair, the creators of Palworld. The lawsuit seeks damages and an injunction against the games continued distribution?

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Intellectual Property Lawsuit Litigator Litigation 52