Judge Kness: the SAD Scheme "Should No Longer Be Perpetuated in Its Present Form"--Eicher Motors v. Schedule A Defendants

When I first encountered the SAD Scheme, I felt like Alice entering Wonderland. The scheme was so obviously whacked that I felt like I had tumbled into an upside-down jurisprudential world. I was sure that the SAD Scheme’s illegitimacy was…

What's the Difference Between Copyright Takedown Notices and Spam?--Michael Grecco v. Fandom

The plaintiff in this case is Michael Grecco Productions, a photographer and serial copyright litigant who’s appeared on the blog before (e.g., 1, 2). The defendant is Fandom, which runs the Wikia platform for user-run fan-enthusiast wikis. Grecco alleges that…

This case involves two competitors in the industry of auto protection plans (VSCs). The rival’s affiliates bought the plaintiff’s trademark “CarShield” for competitive keyword ads. The plaintiff alleged: Defendant’s agents do not label or indicate that their generic ads direct…

SAD Scheme Lawyers Sanctioned for Judge-Shopping--Dongguan Deego v. Schedule A

This ruling involves two SAD Scheme patent cases brought by Dongguan Deego Trading Co., Ltd., represented by the Getech Law LLC law firm. The first action was filed before Judge Tharp in the Northern District of Illinois. Judge Tharp rightly…

University of Wisconsin-Madison Censored Animal-Rights Activist on Instagram and Facebook--Krasno v. UWM

Krasno is a critic of University of Wisconsin-Madison’s treatment of animals. She commented on UWM’s Instagram and Facebook posts. UWM’s social media managers hid her comments manually; some of her comments were blocked by UWM’s keyword filters. Prior blog post….

The Ninth Circuit Finds Two New Ways to Undermine Section 230--Doe v. Twitter

The Ninth Circuit swiss-cheesed Section 230 with two new exceptions. 📉 * * * This is a FOSTA case. The plaintiffs allege that “traffickers” coerced the victims to produce CSAM, then posted the materials to Twitter. The plaintiffs further allege…

Comments on Setting Patent Fees Based on Their Value

The Trump administration is floating the idea of tying patent fees to the value of the patent. Details are sketchy right now, and who knows if this is a serious proposal or a one-news-cycle blip. In any case, some comments…

Does Anyone Still Care About NFTs? (Yuga Labs, LLC v. Ripps) — Guest Blog Post

By Guest Blogger Tyler Ochoa Four years ago, NFTs were the hottest collectibles on the market and were being touted as the NBT (Next Big Thing). People were paying tens of thousands, or in some cases millions, of dollars (or…

Announcing the 2025 Edition of My Internet Law Casebook

I’m pleased to announce the 2025 edition (16th edition) of my Internet Law casebook, Internet Law: Cases & Materials. The book is available in multiple formats: a PDF for $10, a Kindle ebook for $9.99, a softcover version for $20, and a hardcover version for $28….

Apply To Become My Colleague! Santa Clara Law Is Hiring Tenure-Line Faculty

An introductory note from my colleague Prof. Michelle Oberman, who is chairing our appointments committee: Excited to announce that SCU law is hiring both entry-level and lateral tenure stream faculty. See below for details about the scope of our search–it’s…