Michael Eshaghian, Esq.
@LAIPAttorney
Followers
932
Following
739
Media
280
Statuses
1,451
IP attorney (patent, trademark, copyright, trade secret), ex- @kirkland_ellis . Racquetball and board game design in my free time.
Los Angeles
Joined December 2021
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Since I started my firm last year, I've spoken to a lot of potential clients who wanted to protect their IP but couldn't afford legal help, or whose damages from infringers were too small to justify hiring an attorney.
I decided to write something to
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@BillAckman
@MIT
I'm not a defamation lawyer but I do know that for "public figures" the standard is much harder to meet. Neri would have to show that BI acted with malice. In any potential lawsuit, the "public figure" question will be the central question since it is difficult to prove malice.
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Gotta say...if it's true that
@yugalabs
essentially stole its BAKC logo from a how-to-draw book, that is not a great look, esp. in its ongoing TM lawsuits against
@ryder_ripps
and
@Pauly0x
.
Trying to withhold judgment for now until we get a statement from Yuga.
Learn How to Draw a Wolf Skull: Easy Step-by-Step Drawing Tutorial for Kids and Beginners.
#Wolf
#Skull
#drawingtutorial
#easydrawing
. See the full tutorial at .
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When you get tired of paying $700/hour for a first-year associate that doesn't know wtf he's doing, let me know.
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.
@ryder_ripps
and
@Pauly0x
were successful in making the 308-page deposition of Ryan Hickman public. Court ordered Yuga to provide a public transcript within 7 days from today.
The court also ordered Ryder and Jeremy to make public the docs that were
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@BillAckman
@MIT
@NeriOxman
Bill, like I said in a different post, I think I agree. The best argument BI would have is that Neri was a "limited purpose public figure." But I'm sure your attorneys are on top of this--good luck!
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The court granted
@ryder_ripps
and
@Pauly0x
's motion.
@yugalabs
must produce Thomas Lehman's settlement agreement w/in 3 days.
🚨 Emergency motion filed by
@ryder_ripps
and
@Pauly0x
this afternoon asking the court to force
@yugalabs
to produce the settlement agreement b/w Thomas Lehman (RR/BAYC developer) and Yuga in advance of Lehman's deposition in this case, scheduled for 3/2.
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1/ The
@CopyrightOffice
will be publishing a new regulation tomorrow regarding the copyrightability of AI-created works.
Let’s dive in.
Tweets 2-6 give background, 7-14 go into the meat of the guidance, and 15 gives the steps copyright applicants must take.
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@ryder_ripps
and
@Pauly0x
just filed a motion seeking to make the deposition of Ryan Hickman (RR/BAYC developer) public. Hickman agrees it should be public, but Yuga is opposing the effort...
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@SpencerJJoseph
Your argument is more complicated than it needs to be.
The colonial argument against Israel fails because Jews are indigenous to the land.
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@BillAckman
@MIT
Seems like a lot of people aren't aware of what "malice" means in this context, which, I don't blame them--it's a legal term of art. It doesn't mean ill will. It means that statement must be made with actual knowledge of its falsity or with reckless disregard for its truth.
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Big settlement. I worked on the similar Arizona case that settled last October for $85m. Google also settled with 40 states last November for $392m.
Next time just disclose to users how you use location data.
The California Attorney General just announced a $93 million settlement against Google based on location privacy practices.
The complaint alleges that Google falsely told users that if they turned off the “Location History” setting, Google wouldn’t store their location data.
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🚨The court has ruled on
@yugalabs
' motion to strike
@ryder_ripps
and
@Pauly0x
's counterclaims for intentional infliction of emotion distress (IIED) and negligent infliction of emotional distress (NIED) and its motion to dismiss copyright claims.
👇
4th counterclaim: intentional infliction of emotional distress. Lol.
5th counterclaim: negligent infliction of emotional distress. Lol.
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@ItsMattsLaw
After 10 years of practice, I STILL don’t understand how some lawyers can input their time weekly or, God forbid, monthly.
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🚨Yesterday,
@Hermes_Paris
filed a motion for permanent injunction against
@MasonRothschild
. The jury already found Rothschild liable for TM infringement and dilution and cybersquatting, and awarded $133k. Now, Hermes is asking for non-monetary relief.
It's a looooooooong list:
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🚨 Emergency motion filed by
@ryder_ripps
and
@Pauly0x
this afternoon asking the court to force
@yugalabs
to produce the settlement agreement b/w Thomas Lehman (RR/BAYC developer) and Yuga in advance of Lehman's deposition in this case, scheduled for 3/2.
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In the midst of trial, the court finally issues its opinion denying both
@Hermes_Paris
and
@MasonRothschild
's motions for summary judgment.
We already knew the judge denied both motions a month ago, but now we have the reasoning.
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Wrong. According to Gary and the SEC, if you don’t
Have a net worth of at least $1m (excluding primary residence) or
Have an income of $200k (indiv)/$300k (w/ spouse) in each of the past 2 years, and an expectation of the same for the current year
you are not “kenough”.
Whether a seasoned investor or just entering the world of investing, you are
#Kenough
.
Go to for more!
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In one of the first trademark cases applying Rogers after the Supreme Court's decisions, a California federal court held that
@netflix
's use of "The Confession Killer" as the title of a documentary doesn't infringe the name of the band A Killer's Confession.
"The title has
🚨We have the Supreme Court opinion in the Jack Daniels dog toy trademark case. It was unanimous and gave a narrow win to Jack Daniels.
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🚨Big news for AI artists
Copyright Office affirms registration of AI-created comic book. A bit surprised at this outcome since works must be created by a human to be registered. I suppose they were convinced that inputs into the AI model was sufficient.
Curious how this will
I received the Copyright Office's decision today about Zarya of the Dawn. The great news is that they affirmed my copyright, so Zarya of the Dawn will stay officially registered.
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Today is the 1-year anniversary of quitting my job and starting my own law firm. At the time, leaving my job was a scary decision—I was leaving a steady paycheck, interesting work, and good colleagues. But one year out, I have no regrets.
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My wife requested I update Twitter that she completed the puzzle.
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On the heels of the latest guidance from the
@CopyrightOffice
regarding AI-generated works,
@icreatelife
submitted a copyright registration application for an image created by Stable Diffusion.
1/ The
@CopyrightOffice
will be publishing a new regulation tomorrow regarding the copyrightability of AI-created works.
Let’s dive in.
Tweets 2-6 give background, 7-14 go into the meat of the guidance, and 15 gives the steps copyright applicants must take.
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I spent some time reading the decision ().
Here are four takeaways...
🚨Big news for AI artists
Copyright Office affirms registration of AI-created comic book. A bit surprised at this outcome since works must be created by a human to be registered. I suppose they were convinced that inputs into the AI model was sufficient.
Curious how this will
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Oh boy. Another discovery motion in
@yugalabs
v.
@ryder_ripps
and
@Pauly0x
filed this afternoon (those attorneys' fees! 😱)
This one is intense: Yuga is accusing Ripps/Cahen of destroying evidence. These accusations aren't lightly thrown around in federal court...
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Pros of having my own firm:
- I only do the type of work I want to do
- I don't take clients that I don't want to take
- I keep all the money I earn
- I have greater control over my professional destiny
Cons:
- Marketing. Not my strength, and something I didn't have to worry
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A huge day for IP: the Supreme Court decided four IP-related cases today.
Here’s a summary:
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@Jayinvgenius
@BillAckman
@MIT
I think I agree. But it’s at least arguable enough to make it a litigious issue.
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@yashar
This is why the Geneva Conventions requires combatants to be in uniform. Yet another war crime committed by Hamas.
May their memory be a blessing.
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@SinaiLawFirm
The bar exam is not a good filter. It is underinclusive bc people who are bad lawyers can (easily) pass it.
It is overinclusive bc people who would be great attorneys fail over and over.
It tests mostly memorization, not the skills needed to be an attorney.
The bar is what
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Ripps and
@Pauly0x
filed their response to
@yugalabs
' request to hold them in contempt. They say:
⭕️Ripps destroyed the private keys and seed phrases for the two relevant wallets
⭕️There is no third wallet that Ripps controls that has additional RR/BAYC NFTs
⭕️They can't satisfy
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@RobertFreundLaw
Are they asking for statutory damages? Winston’s argument on that front seems convincing.
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All attorneys should download the RECAP extension for Chrome. Whenever you download (and pay for) a PACER filing, it automatically uploads it to the RECAP archive, where others can access it for free. Likewise, you can search for filings on the archive instead of paying for it.
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This was the defendants' only win, although it may be a big one since it may open the door to analyzing whether copyrights exist in the BAYC images. Given the uncertainty around (1) Yuga's terms and (2) the role of AI in their creation, this could be a pain in Yuga's neck.
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Fun fact: once a song has been recorded and released to the public, anyone can record a cover as long as they pay a fee set by law. Current rates:
- 12 cents per physical copy sold/permanent download, or 2.31 cents per minute, whichever is more.
- 24 cents per ringtone
-
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Looks like the
@yugalabs
v.
@ryder_ripps
and
@Pauly0x
trial lasted only one day. Makes sense since essentially the only issue for the jury to decide is how much in damages and attorneys' fees the defendants owe Yuga.
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Yuga claims that the reason it marked the depo as Attorneys' Eyes Only is bc Hickman discusses docs that *Ripps/Cahen* insist should be confidential. But Ripps/Cahen refuse to make the docs public.
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🚨🚨The court issued its ruling on
@yugalabs
' motion for summary judgment against
@ryder_ripps
and
@Pauly0x
.
It’s technically granted-in-part and denied-in-part, but it’s almost a complete victory for Yuga.
Order is linked at the end of thread.
🚨
@yugalabs
has filed a motion for summary judgment against
@ryder_ripps
and
@Pauly0x
, asking the court to find in their favor on all claims based on the submitted evidence.
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1/Time to talk about the enforceability of NFT projects’ Terms of Service (to the extent they even exist). I’d wager a lot of these TOSs are unenforceable as applied to a large number of buyers (depending on the jurisdiction).🧵
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It likely won't become public unless defendants fight for it.
@ryder_ripps
and
@Pauly0x
, are you planning on trying to make it public?
Read the order here:
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@petergyang
Further evidence for getting rid of homework altogether and increasing the school day by 2-3 hours.
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In probably the most important copyright case that's going on right now, the plaintiff today filed a motion for summary judgment, asking the court to rule that AI-created works are copyrightable.
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My banker at First Republic has an OOO reply until he’s “back in the office” tomorrow lol.
I’m all seriousness, I’m gonna miss them. They were a great bank.
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My guess is that they outsourced the logo design and the artist just found this on the web. Happens a lot.
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Trial is just a week away in
@Hermes_Paris
v.
@MasonRothschild
.
The parties just filed their motions in limine, asking the court to exclude certain things from trial.
Let's dive in!
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The irony is that the establishment of the state of Israel is the greatest anti-colonial story in human history (for those that care about such things).
An indigenous people was forced out of their ancestral land in the 2nd century by the biggest colonial power at the time, the
All wars end with negotiation, but it's hard to negotiate when the other side's bargaining position is "you all die and disappear."
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The Supreme Court recently held that a trademark owner can never recover damages for infringing foreign sales.
In one of the first trial court decisions after that case, a court says that infringing foreign sales can be introduced as circumstantial evidence that infringing sales
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This case is wild and a perfect example of how difficult it sometimes is working with
@amazon
's Brand Registry.
The plaintiff is a trademark attorney who took over some pending trademark applications from previous counsel.
The previous counsel was sanctioned by the USPTO for
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@Mdmandel
@RobertFreundLaw
Time and expense is minimal. I think around $65 fee to the copyright office and if you’re experienced with filing copyright apps, maybe 10 minutes.
They only registered the copyright after they found out about infringement, it seems.
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Sorry, that link is paywalled. Read it here free:
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It's important for musical artists to understand the difference between a copyright in a sound recording (what you hear) and a copyright in a musical composition (what you see on the page).
The court granted the defendant $80k in attorneys' fees bc the plaintiff claimed
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To summarize, the court:
1⃣ Struck def's IIED/NIED claims and awarded Yuga fees
2⃣Dismissed def's counterclaim of declaration of no copyright
3⃣Dismissed def's counterclaim of no defamation
4⃣Denied Yuga's motion to dismiss counterclaim for submitting false DMCA takedown notice
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A month ago
@yugalabs
asked the court to sanction
@ryder_ripps
and
@Pauly0x
for destroying evidence. The court just came out with its order...
Oh boy. Another discovery motion in
@yugalabs
v.
@ryder_ripps
and
@Pauly0x
filed this afternoon (those attorneys' fees! 😱)
This one is intense: Yuga is accusing Ripps/Cahen of destroying evidence. These accusations aren't lightly thrown around in federal court...
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3 THINGS TO LOOK FOR IN IP IN 2024
🤖AI. Biggest stakes, especially for copyright. Biggest question is to what extent LLMs using copyrighted content in their training materials is considered fair use. Smaller question (imo) is to what extent GenAI-created works are protectable.
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Yes, it’s that time again…the weekly Web3 IP News Roundup!
👇
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Today,
@GeneralBrnovich
announced a historic $85 million settlement with
@Google
over the company's deceptive practices surrounding its location tracking. I'm proud to have been involved in the investigation and litigation. Short 🧵
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Yuga is also asking for sanctions against the defendants bc they failed to confer with Yuga in good faith before filing the motion and bc of their refusal to make the docs public.
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But Yuga needs to have a copyright *registration* (which is different from a copyright) to sue someone for copyright infringement.
Yuga admitted it didn't have any registrations so there isn't any imminent threat of a copyright infringement suit, so there's no case/controversy.
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These are the questions that Ryder Ripps and
@Pauly0x
are proposing be asked to potential jurors.
1. How do you get your news?
2. What kind of social media do you use?
3. Do you use Twitter?
4. Have you ever bought or sold cryptocurrency?
5. Have you ever bought or sold a
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Microsoft's motion to dismiss the NY Times' copyright infringement lawsuit re OpenAI starts off...aggressively.
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🚨The court just denied
@ryder_ripps
and
@Pauly0x
's motion to pause the lawsuit.
Short🧵
1⃣
@ryder_ripps
and
@Pauly0x
ask the court to pause
@yugalabs
' lawsuit against them. Two months ago the court denied their motion to strike Yuga’s 7 state law claims under CA’s anti-SLAPP law, and the defendants appealed…
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@TheFIREorg
@SyracuseU
Is FIRE's objection that "intifada" isn't a call for genocide, or that even if it is, that's still protected speech? I've been a donor to FIRE over the past years and I'd like to understand its position.
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My dad grew up in Iran. When he was young, he helped my grandfather in the bazaar.
Many Muslim merchants refused to directly accept money from my father; instead, they forced him to drop the money in a pan so they didn’t have to touch the dirty Jews’ money.
When it rained,
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Protip: if you have a court appearance, don't use traffic as an excuse for not showing up, or else you may have to pay opposing counsel $6,300.
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Favorite quote from
#NFTLA
today:
Technology unlocks creative potential - after the invention of the calculator, the most creative architect no longer also has to be the best mathematician.
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Two judges (so far, that I'm aware of) have mandated attorneys appearing in their court make declarations regarding their use of generative AI: District Court Judge Brantley Starr in N.D. Tex. and Magistrate Judge Gabriel Fuentes in N.D. Ill.
I think these are unnecessary.
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🚨
@yugalabs
has filed a motion for summary judgment against
@ryder_ripps
and
@Pauly0x
, asking the court to find in their favor on all claims based on the submitted evidence.
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@MagnumIP
The former implies capability: the valve can control the flow, but doesn’t have to.
The latter implies purpose: the reason for the valve is to control the flow.
But would also depend on the spec.
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The owner of Toys R Us sued to stop the use of ZAZA R US as a trademark for cannabis products.
The magistrate judge recommended denying the claim for trademark infringement because of the difference in goods (toys versus weed), and because it was "unlikely that Toys R Us will
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On January 1, 2024, the first version of Mickey Mouse (the "Steamboat Willie" version) will lose its copyright and enter the public domain.
This means anyone can use that version (and only that version).
BUT
the phrase MICKEY MOUSE is still protected by trademark, and will
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Looks like the Copyright Office cancelled the copyright to an AI-created comic book. No surprises here. Copyright Office’s long-held position is that works need to be human-created.
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The owner of this patent, Unstoppable Domains, announced this week that it's not going to enforce it against other members of the Web3 Domain Alliance.
Sigh. Low quality patents are a big problem. The full claim is attached. This should've been rejected as an abstract idea, or as obvious, at a minimum.
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@AlchemistOG69
@yugalabs
@Pauly0x
He’s on the run in Thailand? lol I had no idea. Do you have a source for that?
I don’t know for sure, but I think the judgement was joint and several, which means that Yuga can collect from one, the other, or both.
Yuga can request reimbursement of fees for this. It’s up to
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🚨🚨🚨 Hermes wins!
HERMES TRADEMARK TRUMPS FIRST AMENDMENT:
#Hermes
Wins in
#MetaBirkins
#NFT
Trademark Case, No 1st Amendment for (but $133,000 from) Mason Rothschild - Inner City Press story:
@SubstackInc
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Today,
@yugalabs
filed its anti-SLAPP motion/motion to dismiss
@ryder_ripps
and
@Pauly0x
's counterclaims. One big takeaway:
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If you are a masochist, you can read the filing here:
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I know I’m a good attorney, but this just makes me blush.
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I forget where I heard this, but it stuck with me:
When it comes to new technology, most people overestimate the short-term effects and underestimate the long-term effects.
I think the same is true for AI.
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If you're a brand owner, licensing your trademark can be powerful:
-create a franchise
- generate new revenue streams
- enter new markets cheaply
- increase price of product
- build brand's strength
- settle litigations and other disputes
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To get a certificate of good standing from the CA Supreme Court you need to MAIL a written request and include a $1 bill as the fee.
The internet only became widespread 23 years ago, so give it time.
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I learned this past year that clients want attorneys who not only know the law, but also know their business. I don’t think I would have really appreciated that if I continued to be an associate.
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Wife: A lot of people think I’m 10 yrs younger than I am. I think that means I’m attractive.
Me: I already knew that.
Wife: I know, but I just wanted to give you supporting evidence.
This is what happens when 2 lawyers are married to each other.
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Trial briefs have been filed in
@yugalabs
v.
@ryder_ripps
and
@Pauly0x
. This is where the parties summarize their positions for the judge before trial.
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The patent owner in the lawsuit against
@MakerDAO
filed its opposition to Maker's motion to dismiss. Maker argued that it couldn't be sued because
1. it doesn't have the capacity to be sued since it's not a person or business entity and
2. the complaint failed to state a claim
Looks like
@MakerDAO
is going to argue that it can't be sued because it's not "a natural person," "a partnership, limited liability partnership, limited liability company, or other unincorporated association," or "a corporation."
IMO this is a losing argument, but we'll see how
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Journalists reporting about IP
every time you use patent as a synonym for trademark, an IP lawyer cries
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