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.

Lawsuit 111

Lawsuit Defendant Court Lawyer 111

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.

Defendant 105

Defendant Court Litigator Litigation 105

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

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

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

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.

Lawsuit 111

Lawsuit Machine learning Court Defendant 111

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

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.

Lawsuit 102

Lawsuit Court Defendant Failure-to-appear 102

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.

Lawsuit 129

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.

Lawsuit 98

Lawsuit Court Defendant Litigation 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

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

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.

Defendant 119

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

Justia Legal Marketing & Technology blog

MAY 4, 2023

Already, lawsuits involving AI-generated works have been filed in federal courts from coast to coast. This free database provides public records of lawsuits in federal trial and appellate courts. A pending lawsuit in the U.S. If it does not grant either motion, the lawsuit will continue toward trial. In Andersen v.

Lawsuit 84

Lawsuit Intellectual Property Court Defendant 84

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

MARCH 11, 2024

” “Aereo involved the removal of copyright-protected works from their usual channels of distribution by the defendant, even if that diversion was only completed when directed by an end user. Congress specifically outlawed something, and the defendant was doing more or less that precise thing, with a few superficial tweaks.”

Lawsuit 105

Lawsuit Court Defendant Hearing 105

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.

Court 105

Court Defendant Lawsuit Legal research 105

Eric Goldman

NOVEMBER 25, 2024

Toyota brought a SAD Scheme case against 103 defendants before Judge Daniel in the Northern District of Illinois. If these justifications sound familiar, it’s because these are the generic rotely-made defendant-unspecific allegations that are copied and pasted into most SAD Scheme complaints. Seriously, Toyota? Do better).

Defendant 52

Defendant Judge Court Lawsuit 52

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.

Defendant 142

Defendant Court Failure-to-appear Lawsuit 142

Eric Goldman

MARCH 12, 2023

The court says that conduct sounds like “traditional editorial functions,” and defendants have not “altered or in any way included its own views when displaying the consumer complaints… every complaint and review (which defendants display separately) are posted without comment and input from defendants.”

Defendant 122

Defendant Mediator Court Lawsuit 122

Eric Goldman

MAY 13, 2023

This is another lawsuit between personal injury law firms over competitive keyword ads. The defendant is the Bye, Goff firm, based in River Falls, Wisconsin with other in-state offices. May 10, 2023) More Posts About Keyword Advertising * Yet More Evidence That Keyword Advertising Lawsuits Are Stupid–Porta-Fab v. LoanStreet v.

Law firm 105

Law firm Lawsuit Law Law 105

Eric Goldman

NOVEMBER 27, 2024

violations; but I also think it’s clear this lawsuit is going to fail eventually. 25, 2024) The post Amazon Must Defend “Yelp Law” Claim–Ramos v. Amazon’s TOS would have benefited from a critical reread to think of how plaintiffs’ lawyers could minsterpret the contract to claim 1670.8

Defendant 77

Defendant Law Law Court 77

Eric Goldman

FEBRUARY 18, 2024

You may have heard about Squishmallow’s recent lawsuit against Build-a-Bear over plushy knockoffs. 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.” Typical SAD Scheme stuff.

Judge 111

Judge Defendant e-records Court 111

Eric Goldman

JUNE 7, 2024

The court dismisses Bloom’s lawsuit against US Weekly. But a desire to turn a profit does not in and of itself indicate a defendant acted with actual malice… plaintiff’s theory that defendant chose the photograph of plaintiff for its commercial appeal defies reason. Defamation.

Failure-to-appear 98

Failure-to-appear Defendant Lawsuit Court 98

Eric Goldman

SEPTEMBER 18, 2023

The defendants run a call-center service that attracts prospective legal clients and then makes compensated referrals of the prospective clients to lawyers. The defendants bought competitive keyword ads on Adler’s trademarks, which Adler objected to. The court redacts the denominator, so we can’t compute the fraction).

Lawsuit 98

Lawsuit Defendant Court Judge 98

Eric Goldman

JULY 30, 2024

The user took the matter to court (pro se), where the lawsuit failed: Contract Breach. “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.” ” Fraud.

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Defendant Lawsuit Court Litigation 107

CaseFox

NOVEMBER 27, 2023

Exposure lawsuits, a legal avenue that addresses harm resulting from exposure to hazardous substances or conditions, have witnessed a dynamic evolution over the years. In this blog post, we will take you on an interesting journey embarking on the trends, challenges, and future possibilities related to exposure lawsuits.

Lawsuit 52

Lawsuit Defendant Litigation Litigator 52

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. Schedule A Defendants Why Online Marketplaces Don’t Do More to Combat the SAD Scheme–Squishmallows v.

Defendant 111

Defendant Judge Failure-to-appear Court 111

Lawmatics

SEPTEMBER 13, 2023

There are more than 40 million lawsuits in the United states alone every year. And only 2% of those will ultimately proceed with a lawsuit. Contract and small claims cases comprise the bulk of the civil caseload, and unfortunately, most of these lawsuits are baseless claims, also known as frivolous lawsuits.

Lawsuit 52

Lawsuit Defendant Judge Court 52

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

LawSites

MARCH 26, 2024

In a lawsuit filed this week in federal court in Manhattan, the former chief operating office of a legal technology company claims she was fired after attempting to exercise stock options valued at over $1 million. The defendants have not yet filed an answer in the lawsuit.

Lawsuit 59

Lawsuit Defendant Legal tech Legal tech 59

Eric Goldman

JUNE 23, 2023

His lawsuit against Facebook was dashed by Section 230 in the district court. Fyk’s alleged injury has no connection whatsoever to any conduct by the United States, the only defendant in this lawsuit. Fyk’s lawsuit does not accurately describe Section 230.”] The Supreme Court denied cert.

Lawsuit 110

Lawsuit Defendant Court Litigation 110

Eric Goldman

OCTOBER 9, 2024

If you’re keeping score, 1-800 Contacts won 5 Polaroid factors (one only slightly) and 1 factor was irrelevant; while the defendant prevailed on 2 factors. In other words, if the defendant promoted the mimicry page using advertising beyond than keyword ads, the legal analysis would not change. The Consumer Survey Tangent.

Lawsuit 98

Lawsuit Defendant Court Litigation 98

Eric Goldman

JULY 19, 2024

Take a look at the numbers: Amazon restrained $155k+ of the defendant’s money. That’s just for one of the many defendants in this case. “Defendant admits that it profited $32.30 The defendant fought back with its own damages expert. Would fair use apply? This post focuses on the case economics.

Defendant 96

Defendant Judge Court Lawsuit 96