Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

LexBlog IP

FEBRUARY 10, 2022

That matter settled in January 2009, and in November 2010, redress was sent to consumers. In 2009, the FTC made changes to the rules that govern administrative proceedings with the goal of streamlining the proceedings ; so in 2022, the process might be somewhat shorter, but not drastically so. Now, I should add one caveat.

Cease and Desist 52

Cease and Desist Litigation Law Contracts 52

SpicyIP

MAY 15, 2023

After perusing the material on record, the court concluded that Brompton had no privity of contract with YSL and the Supply Agreement with Beverly from which Brompton claims to derive its rights was in contravention of the original Franchise Agreement with YSL. The defendants applied for registration of their mark on 13th April 2009.

Trademark 104

Trademark Registration Cease and Desist IP 104

Technology & Marketing Law Blog

JANUARY 14, 2025

Capitol Records (the successor to EMI) sent its first cease-and-desist letter to Vimeo in 2008 and sued Vimeo for copyright infringement in 2009. We rarely see lengthy (this one clocks in at 46 pages), detailed, and philosophical Section 512(c) opinions any more, and we only get this one because of the case’s extreme age.

Music 92

Music Fair Use Copyright Cease and Desist 92