Remove 2019 Remove Cease and Desist Remove Contracts Remove Litigation
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Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

Technology & Marketing Law Blog

On January 9th, American Airlines sent TPG a cease-and-desist letter. Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. Of course, Facebook objected and sent a cease-and-desist letter.

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Elon Musk’s Gifts to Web Scrapers (Guest Blog Post)

Technology & Marketing Law Blog

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

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.

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Once Again, LinkedIn Can’t Use CFAA To Stop Unwanted Scraping–hiQ v. LinkedIn

Technology & Marketing Law Blog

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. CFAA : The key question is whether hiQ’s continued access following receipt of LinkedIn’s cease-and-desist letter was “without authorization” under the CFAA. LinkedIn lawsuit started in 2017. Was this inevitable in light of Van Buren ?

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The FTC Administrative Process: Get Prepared for an Extended Engagement

LexBlog IP

One of the post- AMG predictions about Federal Trade Commission (FTC or Commission) law enforcement is that we will see more administrative litigation. And what are the three matters in administrative litigation? Fleetcor is a case that was originally filed in federal court in 2019 but was then brought administratively post- AMG.

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Watch Communications Sues Ex-Employees for Alleged Trade Secret Misappropriation

Indiana Intellectual Property Law

In February 2019, Watch claims Jarman approached the President and Chief Executive Officer, Ken Williams (“Williams”) with an opportunity to assist in a project in Tennessee. According to the Complaint, Mosby had been the Chief Operating Officer of a company acquired by Watch in 2019. Todd Mosby (“Mosby”).

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Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

The IP Law Blog

Will it incentivize more trademark litigation since it clearly establishes that a showing of willfulness is not required to obtain a profits award? But we believe the decision is unlikely to have much of a practical effect on trademark litigation other than in situations substantially similar to Romag.