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.

Intellectual Property 90

Intellectual Property Lawsuit Defendant Litigator 90

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.

Workers Compensation 264

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

Eric Goldman

APRIL 11, 2025

Redbubble and the Sunfrog cases because the defendants in those cases exhibited sufficiently more indicia of controland presented more opportunity for consumer confusion by using their own tags and labels. Schedule A Defendants Judge Rejects SAD Scheme JoinderToyota v. Schedule A Defendants My Declaration Identifying Emoji Co.

Defendant 52

Defendant Court Judge Lawsuit 52

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

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?

Defendant 83

Defendant Lawsuit Court Judge 83

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

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.

Defendant 98

Defendant Judge Lawsuit Court 98

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.

Defendant 100

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. .

Lawsuit 98

Lawsuit Failure-to-appear Defendant Court 98

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.

Litigator 59

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.

Intellectual Property 52

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.

Lawsuit 98

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.

Defendant 75

Defendant Lawsuit Software Lawyer 75

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

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.

Lawsuit 105

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.

Intellectual Property 105

Intellectual Property Lawsuit Defendant Judge 105

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.

Lawsuit 98

Lawsuit Defendant Court Software 98

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.,

Lawsuit 98

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.

Bankruptcy 264

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

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.

Lawsuit 95

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.

Litigator 52

Litigator Litigation Intellectual Property Defendant 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?

Intellectual Property 52

Intellectual Property Lawsuit Litigator Litigation 52

Brett Trout

APRIL 10, 2025

While many patent attorneys focus solely on prosecution (getting patents granted), those who have stood in court to enforce or defend patents gain insights that dramatically shape how they draft them. It gives you leverage in partnerships, confidence in investment conversations, and real options if competitors cross the line.

Litigator 64

Litigator Litigation Attorney Intellectual Property 64

Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

They can bring a civil lawsuit against whoever was responsible for the improper practice, seeking the damages that they sustained as a result. This allows a large number of consumers who have suffered the same type of harm caused by the same defendant to pursue their claims as a group.

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Mediator Dispute resolution Law Law 244

Brett Trout

JANUARY 17, 2025

Brett Trout The Cost of Defending Your Patent As an inventor or patent holder, your intellectual property represents years of hard work, creativity, and financial expenditures. But what happens when another party infringes on your patent rights? The average cost of taking your patent infringement case to a jury is $2.8

Litigator 52

Litigator Litigation Attorney Intellectual Property 52

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.

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Defendant Judge Court Hearing 78

Eric Goldman

MAY 7, 2025

The defendant Nivoda is an online retailer[FN] that displays how its prices are discounted compared to the Rapaport prices (see screenshot). ”] This lawsuits raises one of the venerable but surprisingly vexing copyright law questions: when is a price copyrightable? This lawsuit was filed in early January. May 2, 2025).

Lawsuit 52

Lawsuit Defendant Judge Court 52

Eric Goldman

MARCH 6, 2024

If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels). Note: this case is functionally moot because the defendant, Sunfrog, is already defunct.

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Defendant Judge Lawsuit Court 119

Eric Goldman

JANUARY 30, 2024

The court says that Printify took appropriate steps when it learned of infringing items via Atari’s lawsuit: First, Printify searched its own database for the 70 URLs identified by Atari in ECF No. RedBubble * IP Lawsuits Against Print-on-Demand Vendors Continue to Vex the Courts–OSU v.

Lawsuit 98

Lawsuit Court Judge Defendant 98

Eric Goldman

APRIL 12, 2025

Shockingly, the plaintiff didnt contest any of the other 512 elements, so Joybuy defeats the lawsuit. This switcheroo doesn’t answer the question on the table, because the 512(c) defense requires the defendant to BOTH not have the requisite supervisory ability AND not have a direct financial interest in the infringements.

Defendant 59

Defendant Court Lawsuit e-filing 59

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.

Defendant 52

Defendant Judge Lawsuit Court 52

Eric Goldman

FEBRUARY 16, 2025

A reminder: this lawsuit is a battle royale. This core theory of injury focuses on the impact of compulsive use itself, irrespective of third-party content, defendants protected publishing activity and defendants protected first-party speech. 7, 2024) The plaintiffs named Zuckerberg as a defendant individually.

Defendant 59

Defendant Court Litigator Litigation 59

Eric Goldman

MAY 31, 2024

He then sued the court document repository websites (and other defendants) for defamation, false advertising, and more. The trial court anti-SLAPPED that lawsuit. In dismissing the case, the court says sardonically: In most respects, O’Kroley didn’t accomplish much in suing Google and the other defendants. The O’Kroley v.

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Court Defendant Lawsuit Legal research 105

lennyesq

FEBRUARY 6, 2025

District Court for the District of Columbia, in response to a lawsuit from a coalition of labor unions against the Treasury Department and Secretary Scott Bessent, wrote in her ruling that the defendants cannot provide access to any payment record or payment system of records maintained by or within the Bureau of the Fiscal Service.

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Judge Defendant Lawsuit Court 56

Eric Goldman

MAY 18, 2023

The rulings should put a decisive end to the genre of lawsuits over social media supporting terrorists; and the Twitter ruling will cast a negative shadow over other cases alleging that social media services facilitate illegal activity. Twitter, Inc. Taamneh , No.

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Defendant Court Failure-to-appear Lawsuit 142