Court Rejects Schedule A Claims Against Sellers of Compatible Parts/Accessories (Cross-Post)
[Cross posted with permission from Prof. Rebecca Tushnet’s Blog.] When they tell you that Schedule A cases are against counterfeiters, keep in mind that trademark owners are willing to call…
ACPA Doesn’t Apply to Vanity URLs–Athene Annuity v. Athene Group
The magistrate judge issued a default $2M+ ACPA damages award covering 160 allegedly violative “domain names.” On review, the supervising judge partially reverses, despite no objections from the defendants. In…
Google Search Isn’t a “Common Carrier” (DUH)–Ohio v. Google
State AGs undertake some of the stupidest and most MAGAlicious stunts, a form of vacuous theater to own the libs rather than better the lives of their constituents. In this…
Internet Access Providers Aren’t Bound by DMCA Unmasking Subpoenas–In re Cox
The DMCA online safe harbor is a notice-and-takedown scheme. Web hosts aren’t liable for copyright-infringing third-party uploads unless and until the copyright owner submits a proper takedown notice to the…
In 512(f), the “F” Stands for “Futility”–Shaffer v. Kavarnos
This 512(f) case reached a bench trial on the Lenz issue of what it means for a copyright takedown notice sender to consider fair use before sending their 512(c)(3) notices….
Google and Roblox Defeat Videogame Addiction Lawsuit–Courtright v. Epic Games
The plaintiff claims that “video games are designed, marketed, and sold in a way that creates and sustains addiction in users.” This becomes the anchor for a mondo 260 page…
Judge Kness: the SAD Scheme “Should No Longer Be Perpetuated in Its Present Form”–Eicher Motors v. Schedule A Defendants
…interest than to favor it. As Professor Goldman notes in Sad Scheme, the Schedule A mechanism works to ‘create an environment in which rightsowners can nominally follow the rules and…
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…
Lawsuits Over Competitive Keyword Advertising Are Still Stupid–NRRM v. American Dream Auto Protect
…do not label or indicate that their generic ads direct a customer to Defendant and other competitors who pay for the websites to send them consumer leads. The advertised websites…
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…