SAD Scheme Cases Are a Cesspool of IP Owner Overreaches–Nike v. Quanzhou Yiyi Shoe Industry
As part of their overall proclivity towards rights accretion, IP owners routinely stretch legal doctrines and request overreaching remedies. When IP owners proceed in court without opposition, they sometimes get away with those overreaches. But when a judge calls out…
Copyright Takedown Notices May Be Affecting Your Washing Machine Options–Ningbo Yituo v. GoPlus
The litigants are rival washing machine makers–GoPlus and Ningbo Yituo–who source their products from the same OEM, Ningbo Baike Electric Appliance. As a result, “the body patterns of Plaintiffs’ and Defendant’s washing machines are identical due to the shared use…
Section 230 Applies to Scammy Ads–Glazer v. Facebook
The plaintiff is octogenarian Barry Glazer, an attorney who has a fascinating history of running TV ads and who sells merch at his website that includes his tagline “Don’t urinate on my leg and tell me it’s raining.” [Note: If…
Online TOS Formation Cases Make My Head Hurt
Coverage of two TOS formation cases that hit my alerts this week. Walsh v. Dollar Tree Store, Inc., 2025 WL 2939229 (S.D. Cal. Oct. 16, 2025) Dollar Tree required all website visitors to navigate through an interstitial cookie wall before…
District of New Jersey Adopts SAD Scheme Standing Order
[A reminder that I am collecting SAD Scheme standing orders. If you have seen one, can you please email it to me even if you think I might have seen it before? TIA.] In re: “Schedule A” Cases Standing Order…
Court “Sanctions” SAD Scheme Judge Shopping—Crimpit v. Schedule A Defendants
Another SAD Scheme plaintiff has been caught judge-shopping. The court’s timeline: March 10, 2025: plaintiff files a SAD Scheme complaint in SDFla, Miami division, that is assigned to Judge Ruiz. March 12, 2025: plaintiff files the sealed Schedule A enumerating…
Court Fetishizes Facebook’s TOS Statement That It Takes “Appropriate” Content Moderation Actions–Calise v. Meta
This is the remand of the disastrous Ninth Circuit decision, where a TAFS judge launched a wrecking ball into the Ninth Circuit’s Section 230 jurisprudence. When the dust settled, the 9th Circuit ruling enables plaintiffs to plead around Section 230…
Chicago-Kent SAD Scheme Symposium TOMORROW
Tomorrow, the Chicago-Kent Law Review is hosting an online symposium entitled “Unsealing Schedule A.” Follow the link for free registration. I’m not speaking at the event, but I plan to attend and will likely be active during Q&A. I encourage…
512(f) Claim Sent to Trial (Which Didn’t Happen)–Leszczynski v. Kitchen Cube
[My standard lament that Westlaw’s indexing of Central District of California cases is unusually laggy.] Tomas Leszczynski claimed to have created the Bakercube Measuring Cube. He posted the 3D printing instructions for the cube to the Internet, subject to a…
Another TOS Formation Fails–Carruth v. Big Little Feelings
This is a Meta Pixels case. The plaintiff alleged VPPA violations. 🙄 The defense sought to send the case to arbitration per its TOS. The court disagrees. The Mobile Interface In its moving papers, the defense provided the following screengrab…