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My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry

Eric Goldman

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” Readers’ most common reaction to the paper is outrage/anger about how the system is being gamed in a way that undermines judicial integrity–in some cases, with the judges’ help.

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Print-on-Demand Services Face More Legal Woes–Canvasfish v. Pixels

Eric Goldman

In the Sid Avery lawsuit, Pixels ultimately won at trial that it was not sufficiently vertically integrated for copyright purposes, so we’ll see if the judge’s tone changes on summary judgment. March 1, 2024) Related posts * Atari’s Lawsuit Against a Print-on-Demand Service Fizzles Out–Atari v. Implications.

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Now Available: the Published Version of My SAD Scheme Article

Eric Goldman

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.

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Does IP Law Protect Influencers’ Aesthetics?–Gifford v. Sheil (Guest Blog Post)

Eric Goldman

Roberts Its become known as the sad beige lawsuit or the case that asks the question can you ever really own an aesthetic ? Surprisingly, the magistrate judge declined to dismiss the other challenged claims. Surprisingly, the magistrate judge declined to dismiss the other challenged claims. by guest blogger Alexandra J.

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Translating Legal Impropriety: Safeguarding Assets, Linguistic Diversity, and Legal Proceedings

CaseFox

They shield you against lawsuits, creditors, and other potential hazards. You protect your assets from creditors and lawsuits by creating this protective layer. Copyrights safeguard your intellectual property , such as books, music, or artwork, from unauthorized use. 8 Ways to Protect Assets 1.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Eric Goldman

It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. Which is probably a big part of the reason that many judges have been eager to distance themselves from it. Zeidenberg , 86 F.3d 3d 1447, 1454-55 (7th Cir.

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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Eric Goldman

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. 882 (2006).