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Judge Reconsiders SAD Scheme Ruling Against Online Marketplaces–Squishmallows v. Alibaba

Eric Goldman

You may have heard about Squishmallow’s recent lawsuit against Build-a-Bear over plushy knockoffs. I previously blogged about one such case, where Squishmallow sued 90 e-commerce merchants in a sealed complaint and got a TRO. The judge subsequently held the marketplaces in contempt for violating the injunction.

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A Judge Enumerates a SAD Scheme Plaintiff’s Multiple Abuses, But Still Won’t Award Sanctions–Jiangsu Huari Webbing Leather v. Schedule A Defendants

Eric Goldman

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. 5 at 4 (“[A]ddresses provided on the e-commerce stores indicate that the registrants are in China and other neighboring countries.”). Then, the case fell apart. See ECF No.

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Supreme Court Fixes One Problem with the Copyright Statute of Limitations, But Punts Another — Warner Chappell Music v. Nealy (Guest Blog Post)

Eric Goldman

The entire purpose of the discovery rule is to allow a plaintiff to recover damages that occurred more than three years before the date the lawsuit was filed. That company recorded and released one album and several singles, including the works at issue. Two years later, in Starz Entertainment v. 4th 1236 (9th Cir. 4th 1325 (11th Cir.

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A South Carolina Legal Technology Case is Likely Headed to the Supreme Court – Why You Should Care

Law Technology Today

Public access to court data through automated collection of online court records is a fundamental First Amendment right and it is critical to meaningful access to the United States legal system. District Court Judge Henry E. The recent ruling in South Carolina State Conference of the NAACP v. While the developments in NAACP v.

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More Chaos in the Law of Online Contract Formation

Eric Goldman

Two top-line takeaways you might get from this post: A two-click formation process avoids the risk of judges moving the goalposts about formation, and If you are amending your TOS, have an airtight plan for building a credible evidentiary record. And I guess pink is overly distracting to this judge? HELLO UETA and E-SIGN.

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Don’t Be Late and Ineffective with Litigation Holds

Joshua Gilliland

The City of New York, 50 unnamed NYPD officers, and the former NYPD Commissioner are involved in a civil rights lawsuit over allegedly issuing summonses without probable cause, violating the First, Fourth, Fifth, Eighth, and Fourteenth Amendments to the U.S. Judge Robert Sweet granted the Plaintiff’s motion for sanctions.

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. There is no evidence in the record that Warhol was aware of the single-use restriction in the license. Oracle software case. (See Acuff-Rose Music, Inc. ,

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