LexBlog IP

OCTOBER 18, 2021

In the October edition of our Privacy and Security Roundup , we dive into the latest details surrounding OFAC’s efforts to stifle ransomware attacks, how organizations should carefully assess the new Personal Information Protection Law in China, the new EU Standard Contractual Clauses requirement effective Sept. 27, and more.

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Technology & Marketing Law Blog

JULY 12, 2022

You might also check out (1) my Internet Law course page , which includes a quarter-century of syllabi and old exams with sample answers, (2) my article on “ Teaching Cyberlaw ,” (3) my blog post on teaching Internet Law as an online-only course , and (4) my Canvas modules for my Fall 2021 online-only course. Primer on FOSTA. Jurisdiction.

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Editing Law Social Media Privacy 141

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. 9, 2021, No. See, e.g., Britt v.

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Blogging Contracts Law Privacy 102

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Oof. BrandTotal sought summary judgment that Section 3.2.3

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Contracts Privacy Social Media Advertising 105

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet).

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Editing Social Media Blogging Advertising 90

Technology & Marketing Law Blog

MAY 2, 2022

The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles. With that said, the Ninth Circuit did some serious hand-waving on the privacy issues.

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Cease and Desist Contracts Privacy Business 111

LexBlog IP

AUGUST 9, 2022

NBA star Zion Williamson has more to celebrate than his recently announced five-year maximum rookie contract extension with the New Orleans Pelicans , worth up to $239 million. Williamson was also victorious in a lawsuit he filed against his former agent Gina Ford, and her agency Prime Sports Marketing LLC (“Prime Sports”).

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Contracts Branding Brands Branding 52

Technology & Marketing Law Blog

FEBRUARY 14, 2024

Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S. .'” Publisher/Speaker Claim. In this respect, GMB functioned as a payment processor, nothing more. LEXIS 23688 (S.D.

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Contracts Advertising Advertising Privacy 74

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. When we finalized our dataset in early 2021, we found 62 opinions. Section 230.

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Publishing Government Contracts Law 96

Technology & Marketing Law Blog

OCTOBER 11, 2021

Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. Southwest relied on its breach of contract claim when requesting an injunction. Kiwi appeared first on Technology & Marketing Law Blog. Case citation : Southwest Airlines Co. Kiwi.com , 3:21-cv-00098-E (N.D.

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Cease and Desist Contracts Trademark Blogging 114

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had.

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Social Media Contracts Ownership Business 81

IP Tech Blog

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. Rothschild began selling his METABIRKINS NFTs in December 2021. Also consider international markets. NFTs also may embody or use trademarks.

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Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MAY 9, 2022

In fact, the labor market is so fluid that pundits and experts often refer to it as the “Great Resignation.” For example, many employers do not know they may still be liable for interference with an unenforceable contract when hiring an employee subject to a restrictive covenant like a non-compete. Progressive N.

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Contracts Law Marketing Marketing 52

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * 15th, 2021 – Get your tickets for ‘American Skin’ in the following theaters,” Nathaniel Parker (@origi_nate), Instagram, [link] plaintiffs do not offer any other instances in which the defendants engaged in D.C. Hovermann , 2021 WL 9032222 (E.D.N.Y. “ Privacy. * Comptroller , No. C-02-cv-02-10509 (Md.

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43(B)log

DECEMBER 7, 2023

Things eventually went bad, resulting in contract/trade secret claims and copyright/ROP counterclaims. Because of Bartlett’s popularity, McCandless used her, among other personalities, to market his services and asked her to provide a “testimonial” video for him to use, which she provided and he posted to his Instagram.

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Web Development Social Media Copying Copyright 57

Technology & Marketing Law Blog

DECEMBER 17, 2021

2021 WL 5910071 (S.D.N.Y. Xandr appeared first on Technology & Marketing Law Blog. I also invite your speculations about why the plaintiffs chose to litigate in the US and are fighting to stay here. Case citation : Finch v. Xandr, Inc., The post New York Court Is the Wrong Venue for UK GDPR Class Action–Finch v.

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LexBlog IP

SEPTEMBER 15, 2021

In an important decision on August 19, 2021, the Ninth Circuit Court of Appeals in Aya Healthcare Services, Inc. Aya filed suit in 2017 alleging that the non-solicitation provision in the parties’ contract was an unreasonable restraint on trade in violation of Sections 1 and 2 of the Sherman Antitrust Act, 15 U.S.C. §§1,

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Marketing Marketing Contracts Law 52

LexBlog IP

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. Rothschild began selling his METABIRKINS NFTs in December 2021. Also consider international markets. NFTs also may embody or use trademarks.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words. The VPN review business is flourishing as well.

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Privacy IP Technology Reporting 137

JIPEL Copyright Blog

NOVEMBER 16, 2021

Trade secret law is credited with fostering innovation in the market and allowing entities to include a vast array of intellectual property rights under its umbrella. From an entity’s perspective, public participation enhances trust and helps them reach a larger and diverse market. Informed consent of all parties is equally important.

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Contracts Intellectual Property Technology Privacy 45

Kluwer Copyright Blog

JANUARY 26, 2022

To give a bit of a context, it is worth noting that in July 2021, Andreesen Horowitz confirmed their commitment to crypto by announcing the launch of their $2.2 Besides, creators can benefit from smart contracts and determine that a certain percentage of the sales price goes to the original creator each time the work is resold.

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Ownership IP Non-Fungible Tokens Technology 114

LexBlog IP

OCTOBER 1, 2022

and Papa Texas LLC – entered into a development deal with Papa John’s and began acquiring pizza franchises in early 2021. 4] In addition to its federal and state trade secrets claims, CiCi Enterprises alleged a breach of contract. Mucho Pizza affiliates – Sun Holdings Inc.

Confidentiality 52

Confidentiality Intellectual Property Litigation Ownership 52

43(B)log

AUGUST 4, 2023

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? But none reached the market despite millions in R&D from National Institute of Justice. Costly inefficiencies in supply and demand.

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Copyright Fair Use Marketing Marketing 52

LexBlog IP

DECEMBER 2, 2021

22, 2021) A159749 (Cal. Shi then left Elation to start a business marketing “similar, if not identical software” using replicated source code. Fenn Bridge LLC , the appellate court confirmed the application of Section 3360 to a breach of a non-disclosure agreement despite the jury’s finding of no actual damages.

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Confidentiality Settlement Publishing Contracts 52

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. Here’s wishing all our readers a very happy, safe, and healthy new year! b) Top 10 IP Judgments/Orders (Jurisprudence/Legal Lucidity) and.

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IP Intellectual Property Copyright Trademark 143

43(B)log

FEBRUARY 24, 2021

Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service. Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. Chemence, Feb.

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Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy.

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Privacy Designs Design Business 139

43(B)log

JUNE 29, 2023

GDPR has become a gold standard but how much do we know about whether it’s enforced or whether it makes any difference in people’s actual level of privacy? US pushes to provide alternative standards—crossborder privacy regulation as an alternative. Europeans don’t think the regulators will be unreasonable. Intended or not?

Law 52

Law Privacy Litigation Social Media 52

Technology & Marketing Law Blog

SEPTEMBER 22, 2021

So here’s what I’ve done in 2021 since I finished my Fall 2020 teaching obligations: Internet Law: Cases & Materials (12th edition 2021). Five Things to Know About Section 230 , Centre for International Governance Innovation (CIGI), June 21, 2021. May 2021 (with Jess Miers). Online 176 (2021).

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Blogging Editing Privacy Contracts 99

TorrentFreak

MAY 29, 2023

The lawsuit began in August 2021 with the aim of shutting down the ‘Wallhax’ cheat. Bungie Asks Court For More Time Earlier this month, Bungie was awarded over $16 million against a single defendant, with claims spanning copyright law, breach of contract, and civil RICO violations. By June 2022, Bungie had a $13.5

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Copyright Privacy Settlement Copyright Infringement 130

SpicyIP

JULY 19, 2021

The Cinematograph (Amendment) Bill 2021: Overbroad, Disproportionate and Unnecessary. In this post , Adyasha analyses the Cinematograph (Amendment) Bill 2021 (‘Bill’) which seeks ‘ to tackle the menace of film piracy ’, and is a revision of the Cinematograph (Amendment) Bill 2019. Topical Highlight. Thematic Highlights.

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Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Kluwer Copyright Blog

MAY 11, 2023

Missed deadline and transposition In the same way as many EU member states, Ireland missed the transposition deadline (7 June 2021). The Irish legislative transposition finally became law on 19 November 2021. The key element to note here is that the Regulations are a type of secondary legislation, known as a Statutory Instrument.

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Copying Copyright Law Copyright Social Media 102

LexBlog IP

JANUARY 6, 2023

labor markets. On July 9, 2021, President Biden signed an Executive Order encouraging the FTC to use its rulemaking authority “to curtail the unfair use of noncompete clauses and other clauses or agreements that may unfairly limit worker mobility.” ” [4].

Contracts 52

Contracts Business Publishing Ownership 52

Kluwer Copyright Blog

JULY 11, 2024

Looking back, the transfer of value from big tech to creators, infamously referred to as ‘the value gap’ problem, was a core issue for the Copyright in the Digital Single Market (CDSM) Directive to tackle. However, an offer of 220 EUR per year made by Le Figaro in 2021 was rejected, as was the offer of 3% of revenues made by 20 Minutes.

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Publishing Art Journalism Copyright 74

Technology & Marketing Law Blog

AUGUST 7, 2023

Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. I welcome your suggestions. * * * Over the years, I’ve posted a number of book excerpts, including: The entire chapter on online contracts. The chapter makes a nice module to add discussion about online contracts to another course. Contracts Meyer v.

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Editing Law Contracts Privacy 52

LexBlog IP

NOVEMBER 15, 2023

The Order places special focus on industries where infrastructure is provided as a service (IaaS), focusing on the susceptibility of AI-enabled IaaS to be used in malicious cyber-enabled activity, complementing the guidelines provided in prior Executive Order 13984 of January 19, 2021.

Privacy 40

Privacy Intellectual Property Government Technology 40

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

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Personality Rights Privacy Social Media Copyright 64