SAD Scheme Plaintiff Gets Default Win But Blows the Layup on Damages–Shenzen Huajie v. Shenzen Leyibei
This is a rare Seventh Circuit opinion on the SAD Scheme (it’s nonprecedential). The defense didn’t contest the appeal, but even without opposition, the rightsowner still whiffs. The court contextualizes the case: Intellectual property lawsuits like this one have flooded…
Remember When the Ninth Circuit Rejected Classpass’ TOS Formation? About That…–Blackburn v. Classpass
Last year, the Ninth Circuit issued a blockbuster TOS formation case, Chabolla v. Classpass. The court rejected Classpass’ TOS formation despite Classpass deploying multiple screens where Classpass seemingly got close to formation. The Chabolla case, combined with the Godun case…
What Does a Hologram Trademark Signify When the Hologram Isn’t There?–Upper Deck v. Pixels
Pixels is a print-on-demand vendor. Pixels’ users have uploaded various images associated with Michael Jordan sports trading cards. Here’s an example: If this were a framed original of the trading card, the First Sale doctrine should apply. If it were…
Photobucket’s Attempted TOS Amendment Mostly Fails–Pierce v. Photobucket
Photobucket is a venerable photo hosting service whose best days are far behind it. In 2017, its management imploded the service by imposing above-market hosting fees. Most users stopped using Photobucket, but Photobucket kept their photos. In 2024, Photobucket emailed…
SAD Scheme Copyright Plaintiff Must Compensate Defendants–Shenzhen Langmi v. Schedule A Defendants
Shenzhen Langmi Technology is a Chinese-based vendor of cosmetics and hair products. It claims that the defendants used its copyrights as part of their products. Initially, it sued 36 defendants, but eventually it reduced that to just eight defendants. The…
A “But They’re ‘Counterfeiters’!” Argument Doesn’t Clinch a SAD Scheme TRO–Emojico v. Schedule A Defendants
I blog SAD Scheme cases when they catch my attention, not necessarily because they are the most consequential ones. I’m blogging this one mostly out of schadenfreude. Emojico–the company that has been menacing legtimate users of the word “emoji” for…
Ninth Circuit Allows TOS Amendment by Email–Ireland-Gordy v. Tile
[This is a non-precedential opinion, and the court unhelpfully cuts many factual and doctrinal corners.] The plaintiffs claim that bad actors misused Tile’s tracking devices to stalk them. The plaintiffs (as a class action) sued Tile for how it designed…
If You Don’t Keep Good Records, Don’t Be Surprised if Your TOS Formation Fails in Court–White v. PayPal
“Plaintiffs allege that Honey “misrepresents its ability to find the ‘best discount codes’ for consumers” and instead “prioritizes coupon codes from Honey’s partner merchants,” giving users “inferior discounts, or no discounts at all, while Honey and its merchant partners profit.””…
A SAD Scheme Plaintiff Unsuccessfully Plays an IP Privilege Card–Price v. Schedule A Defendants
All SAD Scheme cases are, by definition, sad. This case achieves even greater depths: it’s Flori-dumb level SAD. * * * The plaintiff, Price, has a trademark registration in the phrase “White Privilege Card,” for novelty plastic identification cards. Ugh….
The Sixth Circuit Wades Into Online TOS Formation (and Leaves Me More Confused Than Ever)–Dahdah v. LowerMyBills
TL;DR: The court provides this overview: LowerMyBills.com refers internet users who are interested in refinancing their home mortgages to affiliated lending partners, including Rocket Mortgage. The website tells users that they will agree to its hyperlinked “Terms of Use”—including a…