Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff sued HDR for ECPA and common law privacy violations. Plaintiff had no authority over the Groups’ privacy settings and no voice in the screening process used to determine membership. While the court’s opinion is appropriately grounded in the precedent, it was tone-deaf to the privacy invasion. Implications.

Privacy 137

Privacy False Advertising Contracts Advertising 137

Technology & Marketing Law Blog

OCTOBER 16, 2022

The plaintiff alleged negligence, negligent infliction of emotional distress, and invasion of privacy based on third-parties posting her private information and allowing users to threaten her with murder and rape. ” Contract Breach. 2022 WL 4913347 (N.D. Facebook appeared first on Technology & Marketing Law Blog.

Government 99

Government Privacy Blogging Publishing 99

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 93

Blogging Contracts Copyright Law Copyright 93

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business. 7, 2022) can be found here.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. 2022 WL 1459568 (N.D.

Contracts 126

Contracts Publishing Licensing Editing 126

43(B)log

AUGUST 4, 2023

Maybe it’s a sense of breach of contract, but the book describes more tolerance for reuse. Also intersects a great deal w/contracts. Pro photographers agree to onerous contracts from longstanding clients in order to retain them. One lesson: Threats to privacy are threats to communities and practices that sustain creativity.

Public Domain 52

Public Domain Contracts IP Privacy 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

“plaintiffs’ computer fraud and privacy claims are based on Apple’s reproduction of an app, Toast Plus, intended for public consumption, via the App Store. ” This is a highly defense-favorable reading of the contract provision. 2022 WL 4021776 (N.D. ” Publisher/Speaker Claims. ” Oops.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

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 82

Blogging Copyright Contracts Cease and Desist 82

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

Contracts 107

Contracts Privacy Social Media Advertising 107

Technology & Marketing Law Blog

MARCH 23, 2022

March 18, 2022). Related posts : “ Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post)”. appeared first on Technology & Marketing Law Blog. Case Citation: Callahan v. PeopleConnect, Inc. ,

Privacy 103

Privacy Contracts Personality Rights Litigation 103

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service. 2022 WL 4372349 (N.D. Case citation : Shared.com v.

Contracts 95

Contracts Social Media Advertising Advertising 95

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * 30, 2022): Tofurky prevails on the merits of its argument that that [sic] the speech it not inherently misleading. 2022 WL 17248983 (9th Cir. Parker, 2022 WL 17403220 (D.D.C. “ Privacy. * In re Meta Pixel Healthcare Litigation, 2022 WL 17869218 (N.D. Comptroller , No. C-02-cv-02-10509 (Md.

Privacy 102

Privacy Marketing Marketing Social Media 102

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”).

Contracts 52

Contracts Branding Brands Branding 52

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 102

Social Media Ownership Branding Brands 102

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.

Cease and Desist 113

Cease and Desist Contracts Privacy Business 113

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. The Amended Complaint, filed on March 2, 2022, provides additional background and context for Hermès’ claims. NFTs also may embody or use trademarks.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

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.

Social Media 83

Social Media Contracts Ownership Business 83

IP and Legal Filings

NOVEMBER 9, 2022

A report by Citibank published in March, 2020 observes that the Metaverse economy could be a thirteen trillion dollar total addressable market by the year 2030. But needless to say, the Metaverse brings into picture several aspects of the law such as Copyright law , Contract law, Tort law and Criminal law. Contract Law .

Contracts 52

Contracts Law Technology Privacy 52

IP and Legal Filings

MARCH 10, 2023

[i] The primary objective behind such a regulation is to deal with new and emerging challenges in digital lending landscape such as unbridled engagement of third parties, mis-selling, breach of data privacy, unfair business conduct, charging of exorbitant interest rates, and unethical recovery practices used by lending platforms.

Privacy 78

Privacy Marketing Marketing Reporting 78

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. The Amended Complaint, filed on March 2, 2022, provides additional background and context for Hermès’ claims. NFTs also may embody or use trademarks.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

The IPKat

JUNE 26, 2022

Marques - CELEBRATING MARKS: How sustainability and technology will shape the future of brands - 20 to 23 September 2022 - Madrid, Spain The 2022 MARQUES Annual Conference will be held in Madrid from 20 to 23 September 2022. Registration is open and more details can be found here. Further information is available here.

Intellectual Property 114

Intellectual Property IP Registration Copyright 114

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels appeared first on Technology & Marketing Law Blog.

Artwork 100

Artwork Trademark Publishing Marketing 100

Patently-O

NOVEMBER 27, 2023

A policy that large held by a publicly traded company whose total revenue in 2022 was, by comparison, $468 million, turned heads. Perhaps there’s a sales volume that justifies that risk, and many more policies than estimated are being written; or perhaps we are riding an insurance bubble in this niche market. There, the $47.5m

Settlement 83

Settlement Litigation Branding Brands 83

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.

Web Development 59

Web Development Social Media Copying Copyright 59

The IPKat

SEPTEMBER 3, 2022

Chapter 4, ‘Imperial copyright and its costs’, focuses on how copyright came to be exploited internationally, leading to the division of publishing markets into two spheres ruled from London and New York. Chapter 6, ‘Why does a gramophone maker deserve a copyright?

Copyright 95

Copyright Music Intellectual Property Marketing 95

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.

Privacy 138

Privacy IP Technology Reporting 138

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.

Contracts 45

Contracts Intellectual Property Technology Privacy 45

Herbert Smith Freehills

AUGUST 2, 2022

FTI Consulting is a market-leading global consultancy that has assisted clients with many of the world's largest, highest-profile antitrust investigations. 1 Michael Grenfell, the Executive Director of Enforcement at the UK Competition and Markets Authority ("CMA"), has also publicly warned of more home raids.

Editing 52

Editing Privacy Business Technology 52

Intepat

JUNE 15, 2023

Introduction With the rise of the mobile application industry, India emerges as a highly profitable market, witnessing over twenty-eight billion downloads in 2022, accounting for 5% of the total global downloads. The nature and extent of both parties’ usage of the contract subject-matter post termination should be detailed.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. Once effective, it will govern your use and enjoyment of your Disney+ or ESPN+ subscription.”

Contracts 74

Contracts Law Reporting Blogging 74

Technology & Marketing Law Blog

AUGUST 7, 2022

June 29, 2022). The post Lawyer’s Agreement to Online Terms if Investigating a Claim May Bind a Client appeared first on Technology & Marketing Law Blog. Surprisingly, Knapke did not file a request for rehearing. Case citation: Knapke v. PeopleConnect, Inc. , 21-35690 (9th Cir. Whitepages.

Blogging 83

Blogging Reporting Advertising Advertising 83

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.

Privacy 140

Privacy Designs Design Business 140

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Corruption in IP Offices, Anything New?

Trademark 59

Trademark Publishing Journalism Copyright 59

TorrentFreak

MAY 29, 2023

By June 2022, Bungie had a $13.5 By June 2022, Bungie had a $13.5 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.

Copyright 126

Copyright Privacy Settlement Copyright Infringement 126

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 74

Blogging Contracts Cease and Desist Confidentiality 74

LexBlog IP

DECEMBER 30, 2022

As 2022 comes to a close, we review Big Molecule Watch’s top five biosimilar regulatory developments of the year: USPTO Outlines New Initiatives Regarding Drug Pricing. The post Year in Review: Top Biosimilars-Related Regulatory Developments of 2022 appeared first on Big Molecule Watch.

Reporting 52

Reporting Patent Application Intellectual Property Marketing 52

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. I posted the 2022 version. Contracts Meyer v. Privacy Review: 16 C.F.R. PhotoPlaza (9th Cir.)

Editing 52

Editing Law Contracts Privacy 52