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

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

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

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

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 98

Lawsuit Court Defendant Litigation 98

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.

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Lawsuit Court Defendant Failure-to-appear 102

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 84

Lawsuit Intellectual Property Court Defendant 84

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 95

Lawsuit Defendant Failure-to-appear Court 95

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. Even for smaller cases, where the damages are less than $1 million, the patent litigation costs average $700,000. What Is a Contingent Fee Structure?

Litigation 52

Litigation Litigator Attorney Intellectual Property 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

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 107

Defendant Lawsuit Court Litigation 107

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 110

Lawsuit Defendant Court Litigation 110

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

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.

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Law firm Lawsuit Law Law 105

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

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 111

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.

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Defendant Law Law Court 77

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 98

Lawsuit Defendant Court Litigation 98

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 Lawsuit Court 98

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

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

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

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.

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Lawsuit Defendant Legal tech Legal tech 59

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

LawSites

DECEMBER 1, 2021

They supplemented that review with an analysis of court approaches to virtual hearings, e-filing, and digital notarization, focusing on how these tools affected litigants in three of the most common types of civil cases: debt claims, evictions and child support. Disproportionate Impact.

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Court e-filing Notary Hearing 132

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

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 98

Lawsuit Court Failure-to-appear Defendant 98

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 84

Lawyer Mediator Lawsuit Defendant 84

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 98

Defendant Litigation Litigator Court 98

Eric Goldman

JULY 1, 2024

Plus, the Supreme Court made it clear that facial First Amendment challenges are hard to establish, increasing the likelihood that more lawsuits will be needed, and on narrower grounds that won’t lead to broad precedent.

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Court Defendant Lawsuit State law 115

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.

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Defendant Time-tracking Court Litigation 98

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

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 98

Court Defendant Judge Litigation 98

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 98

Defendant Court Litigation Litigator 98

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

MAY 15, 2024

If the Supreme Court upholds the discovery rule for copyright cases, or simply declines to address it, the decision will leave copyright defendants exposed to very large awards for years of infringing conduct (as they have been everywhere but the Second Circuit). Two years later, in Starz Entertainment v. 4th 1236 (9th Cir.

Court 105

Court e-discovery Defendant e-filing 105

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

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Court Defendant Litigation Law 75