As a reminder, Ted Entertainment, Inc. (“TED”), the copyright holder of Ethan Klein’s Videos, filed a lawsuit against Kaceytron on June 19, 2025. Ted Ent., Inc. v. Caviness, No. 4:25-cv-00459-BCW (W.D. Mo. 2025). In this lawsuit, TED alleged that Kaceytron’s reaction of its videos failed to meet the standards of transformative fair use because it added no new insight or expression, essentially just acting as a commercial substitute for the original work.
August 15, 2025 Answer
On August 15, 2025, the defense filed an Answer. The pleading uses minimal narrative. It mostly admits or denies allegations. It preserves many defenses for later. See Answer to Complaint, Ted Ent., Inc. v. Caviness, No. 4:25-cv-00459-BCW (W.D. Mo. Aug. 15, 2025).
The Answer is bare bones, providing little factual details beyond admissions, denials, and many defenses. However, just because a defense is pled, does not mean that the defense will be utilized. It is common practice to provide defenses that are not always going to be used. They are included to preserve rights. That is standard federal practice after removal or service.
Of course, with the defenses, there are the common ones such as the fair use defense and unclean hands. These pleadings are common at this stage. Parties often state broad defenses to reserve issues. Evidence will decide whether these defenses matter. See Answer to Complaint, Ted Ent., Inc. v. Caviness, No. 4:25-cv-00459-BCW (W.D. Mo. Aug. 15, 2025).
September 26, 2025 Scheduling Order
On September 26, 2025, the Court entered a Scheduling and Jury Trial Order. The Order sets deadlines through trial. See Scheduling and Jury Trial Order, Ted Ent., Inc. v. Caviness, No. 4:25-cv-00459-BCW (W.D. Mo. Sept. 26, 2025).
A list of the Current Deadlines are below:
· Amend pleadings or add parties: January 31, 2026.
· Expert designations: February 18, 2026.
· Rebuttals due March 20, 2026.
· Additional designation April 3, 2026.
· Discovery closes: April 24, 2026.
· Dispositive motions deadline: July 16, 2026.
· Daubert motions deadline: July 16, 2026.
· Final pretrial conference: November 17, 2026 at 2:30 p.m., by teleconference.
· Trial: December 14, 2026 at 8:30 a.m., Kansas City, Missouri.
It is important to note that these deadlines are subject to change. The Court could modify this on their own initiative or at the request of either party.
What is the Future of this Lawsuit?
For the foreseeable future, without an update from either of the parties, the public will likely not see any updates in the court records. The case has a clear calendar. Motion practice, where the results of discovery will appear, will likely begin after discovery closes on April 2026. However, there is always the possibility of an out of court settlement will occur that will keep information out of the public knowledge. Theoretically, the TED might have filed this make a point that will eventually be pushed aside as emotions wane and the financial cost of litigation increases. However, Ethan Klein has made history in Fair Use Litigation before. Therefore, it is a possibility that he will try to do it again.
What to do if You have a Copyright Issue?
Twisdale Law helps creators handle copyright disputes. We manage strikes, takedowns, counter notices, and licensing strategy. We counsel on fair use before posting or responding. Contact us for practical next steps.