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 94

Defendant Judge Lawsuit e-filing 94

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.

Lawsuit 95

Lawsuit Court Machine learning Defendant 95

Eric Goldman

NOVEMBER 27, 2024

That’s a litigation strategy, I guess. 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. Given that track record of futility, it’s surprising to see any of these cases gain any traction at all.

Defendant 68

Defendant Law Law Court 68

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 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.

Intellectual Property 105

Intellectual Property Lawsuit Defendant Judge 105

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. The litigants directly compete. “both the plaintiff and the defendant rely on the internet as a sales tool.”

Lawsuit 97

Lawsuit Court Defendant Litigation 97

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

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.

Lawsuit 88

Lawsuit Intellectual Property Court Defendant 88

Eric Goldman

JUNE 14, 2024

It is an all-out brawl in federal court, with no-expense-spared battles over each and every picayune litigation issue. 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.

Lawsuit 84

Lawsuit Court Defendant Failure-to-appear 84

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 109

Lawsuit Machine learning Court Defendant 109

MatterSuite

MARCH 14, 2024

Whether you are a business person dealing with contractual disputes or an individual who has been injured by a defective product, the high cost of litigation– attorney fees –can quickly prevent you from seeking legal redress. This is where litigation finance (also known as litigation funding or legal financing) comes in.

Litigation 52

Litigation Litigator Lawsuit Defendant 52

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 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’?”

Lawsuit 114

Lawsuit Defendant Court Litigation 114

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.” They have raised a total of $150 of their $500k goal.

Lawsuit 76

Lawsuit Defendant Failure-to-appear Court 76

The North Carolina Journey of Law and Technology

FEBRUARY 19, 2024

Understanding Litigation Finance Litigation finance is when a third-party invests in a lawsuit in hopes of sharing in the profits of a successful verdict. litigation finance companies exist. billion in capital to litigation matters. billion in capital to litigation matters.

Litigation 52

Litigation Litigator Machine learning Court 52

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. Understanding the key differences between these two types of lawsuits could be extremely helpful if you ever find yourself in a difficult circumstance.

Litigation 52

Litigation Litigator Dispute resolution Criminal trial 52

Eric Goldman

OCTOBER 9, 2024

Warby Parker, part of 1-8oo Contacts’ irrepressible efforts to revive the litigation genre. I hope this ruling will be persuasive to other courts so that we can finally and permanently put this chapter to rest after 2+ decades of pointless litigation. the dollar value of the clicks at issue is well below the costs of litigation).

Lawsuit 97

Lawsuit Defendant Court Litigation 97

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.

Defendant 89

Defendant Lawsuit Court Litigation 89

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 110

Defendant Judge Failure-to-appear Court 110

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.

Defendant 89

Defendant e-discovery Lawsuit Court 89

Eric Goldman

OCTOBER 6, 2024

Are the parties seriously going to litigate this to a trial? Remember: the only winnners of keyword ads lawsuits are the lawyers. Defendant Intent. Adler v McNeil * Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. It should be dispositive. Mark Strength. Product Similarity. LoanStreet v.

Lawsuit 85

Lawsuit Court Failure-to-appear Defendant 85

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 96

Lawsuit Defendant Court Judge 96

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.

Lawyer 89

Lawyer Mediator Lawsuit Defendant 89

Brett Trout

JULY 22, 2024

Brett Trout The New York Times (NYT) has sued Defendants Microsoft and various OpenAI companies for allegedly using its copyrighted material to train their Copilot and ChatGPT products respectfully. In response to this lawsuit, Defendants have requested to see copies of any documents NYT used to create the Works.

Defendant 52

Defendant Lawsuit Court Law 52

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 104

Law firm Lawsuit Law Law 104

Eric Goldman

JUNE 23, 2023

Jason Fyk’s recent litigation campaign reminds me of the classic story Moby Dick, with Fyk in the Captain Ahab role and Section 230 as his white whale. His lawsuit against Facebook was dashed by Section 230 in the district court. The Netflix documentary of his story will be called “Moby Fyk.” Freedom Def.

Lawsuit 97

Lawsuit Defendant Court Litigation 97

Eric Goldman

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” ” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts.

Intellectual Property 69

Intellectual Property Defendant Litigation Litigator 69

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.

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Judge Defendant e-records Court 103

Eric Goldman

JUNE 12, 2024

In the last year, a team of California litigators (from Singleton Schreiber in Sacramento and Law Offices of Thomas Leary from San Diego) has launched 1670.8 I don’t know how many lawsuits they’ve filed because the team is filing many (all?) the defendant’s home court. After a decade of relative dormancy, 1670.8

Court 73

Court Defendant Litigation Law 73

Eric Goldman

OCTOBER 28, 2023

In 2016, Congress enacted the Defend Trade Secret Act (DTSA). The parties are already in litigation. The generic manufacturer is already under a litigation hold. Violating that hold will lead to adverse consequences in the litigation as well as possible criminal punishment.

Defendant 94

Defendant Court Litigation Litigator 94

MatterSuite

DECEMBER 11, 2023

Pleadings are vital legal documents that initiate and define lawsuits. When a lawsuit is filed, it is the complaint (or the equivalent initial pleading) that outlines the plaintiff’s grievances or claims against the defendant. This gives the defendant an opportunity to prepare a response and defend themselves.

Defendant 52

Defendant Lawsuit Law Law 52

MatterSuite

DECEMBER 11, 2023

Pleadings are vital legal documents that initiate and define lawsuits. When a lawsuit is filed, it is the complaint (or the equivalent initial pleading) that outlines the plaintiff’s grievances or claims against the defendant. This gives the defendant an opportunity to prepare a response and defend themselves.

Defendant 52

Defendant Lawsuit Law Law 52

CaseFox

OCTOBER 13, 2023

They serve as a formal written document for communication between the parties that are involved in the lawsuit. A pleading is a formal written document that lawyers file within the courtroom as a part of the lawsuit. Answer The answer document follows the complaint, and it is basically the defendant’s written response.

Defendant 52

Defendant Lawsuit Court Law 52

Eric Goldman

OCTOBER 23, 2023

It is theoretically possible that bounty-based private litigation is the best way to enforce a law, but in practice those situations are rare or non-existent. The costs of defending those lawsuits is a financial punishment with censorial consequences, even if the defendant never violated the law.

Defendant 93

Defendant Time-tracking Court Litigation 93

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 132

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.

Court 95

Court Defendant Judge Litigation 95

Eric Goldman

JANUARY 11, 2024

I summarized: This lawsuit involves the freemium videogame “ Forge of Empires.” These allegations do not treat Defendants as publishers or speakers and therefore are not covered by the CDA. I previously blogged this case in 2022. The plaintiff, Penny Quinteros (a/k/a TwoCents), claims she became addicted to the game.

Defendant 90

Defendant Court Litigation Litigator 90