The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

JD Supra Law

OCTOBER 4, 2023

Private civil laws relating to contract, tort, IP and data privacy all bite, as do criminal and regulatory laws. Good morning to everyone in Santa Marta, Magdalena, Colombia, this 15th day of February 2023.” The laws that govern the metaverse are grounded in those of Planet Earth.

Privacy 82

Privacy Contracts Government IP 82

The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts 77

Contracts Artistic Work Copyright Copyright Law 77

Technology & Marketing Law Blog

JUNE 17, 2023

2023 WL 3449131 at *1 (N.D. May 11, 2023). Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims. Sharing Plaintiffs’ and the Class’s personal data with unauthorized third parties in violation of the GitHub Privacy Statement; b.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

LexBlog IP

MAY 12, 2023

On May 10, 2023, the Texas State Senate passed H.B. 4 , titled the Texas Data Privacy and Security Act (“TDPSA”), sending the bill to Governor Abbott’s desk for final signature. If signed into law, Texas will join a growing contingency of states enforcing comprehensive data privacy laws for their residents.

Privacy 52

Privacy Law Business Contracts 52

Trading Secrets

FEBRUARY 6, 2023

Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook , in which our nationally-recognized team provides insights about litigation issues and trends to expect in 2023. The likely continuing global tumult and increasing chances for a recession will weigh heavily on the litigation outlook for 2023.

Litigation 64

Litigation Privacy Contracts Government 64

TorrentFreak

MAY 29, 2023

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

Copyright 145

Copyright Privacy Settlement Copyright Infringement 145

LexBlog IP

MAY 12, 2022

Connecticut Governor Ned Lamont signed the Personal Data Privacy and Online Monitoring Act (CPDPA) into law on May 10, 2022, making Connecticut the most recent state to pass its own privacy law in the absence of comprehensive federal privacy legislation.

Privacy 40

Privacy Law Higher Education Contracts 40

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. You can find the full report here.

Copyright 135

Copyright Ownership Social Media Licensing 135

LexBlog IP

AUGUST 4, 2021

More states, including Ohio, are working on comprehensive consumer privacy laws that could impact how companies share data. In our August 2021 Privacy and Security Roundup , we cover the nuances in the various legislation, more ransomware and supply chain attacks and news of a messaging app used as a Trojan horse by the FBI.

Privacy 52

Privacy Law Business Higher Education 52

Technology & Marketing Law Blog

NOVEMBER 11, 2023

Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front. Although Meta contends that it posted its term updates on users’ Facebook pages, there is no indication that those terms related to anything other than privacy concerns. 2023 WL 7325109 (N.D. Meta Platforms, Inc.

Trademark 115

Trademark Contracts Blogging Fair Use 115

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 98

Blogging Contracts Copyright Law Copyright 98

Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy. June 22, 2023).

Privacy 98

Privacy Contracts Marketing Marketing 98

LexBlog IP

MAY 6, 2023

independent contractor status when there is a written contract. independent contractor status when there is a written contract.

Law 52

Law Contracts Reporting Privacy 52

LexBlog IP

FEBRUARY 10, 2023

The complaint, filed on January 20, 2023, alleges that State Farm illegally submitted personal and confidential information about Plaintiffs’ insurance claims, including medical treatment information, to Verisk / ISO for inclusion in an immense database it maintains. .” Privacy is the control over knowledge about oneself.

Privacy 40

Privacy Confidentiality Contracts Law 40

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 105

Litigation Contracts Advertising Advertising 105

LexBlog IP

NOVEMBER 3, 2022

California law will soon require businesses to treat their employees and business partners as consumers under the California Consumer Privacy Act (CCPA). While the legislature may pass a new exemption in its next legislative session, businesses subject to the CCPA should prepare to process employee CCPA requests as of January 1, 2023.

Privacy 40

Privacy Business Contracts Law 40

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

LexBlog IP

FEBRUARY 6, 2023

Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook , in which our nationally-recognized team provides insights about litigation issues and trends to expect in 2023. The likely continuing global tumult and increasing chances for a recession will weigh heavily on the litigation outlook for 2023.

Litigation 52

Litigation Privacy Contracts Government 52

Technology & Marketing Law Blog

JULY 26, 2023

Breach of Contract As is common with scraping cases in 2023, just because the scraper prevails on the CFAA claim doesn’t mean the scraper is going to prevail. When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked. The terms prohibited scraping.

Cease and Desist 98

Cease and Desist Blogging Contracts Privacy 98

IP and Legal Filings

AUGUST 10, 2024

It talks about the matters like employment being at stake, efficiency and transparency, worker privacy, inclusive technological adoption and collective bargaining in contemporary world. The labour contract that unites a union representing employees and the employer, or management. 2023, March 31). 2023, March 31).

Social Media 94

Social Media Privacy Technology Contracts 94

Kluwer Copyright Blog

APRIL 18, 2024

that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. See Love 2023. See Hugenholtz 2023 Delete Article 6. and Love, James, “The Trouble With the WIPO Broadcasting Treaty” (2023).

Public Domain 69

Public Domain Contracts Copyright Licensing 69

The IP Law Blog

MAY 4, 2023

On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. As mentioned above, the Ninth Circuit found that the trial court made an error in holding that “a non-negotiated contract of adhesion like the DPLA falls outside the scope of Section 1.” Apple, Inc. ,

Marketing 98

Marketing Marketing Privacy Contracts 98

Technology & Marketing Law Blog

AUGUST 29, 2022

While that is pretty sweet, I will pay for it next year when I teach Internet Law in both Spring and Fall 2023. [FN: I posted a chapter from the book: Online Contracts. Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Regulation of Political Advertising (2022 Edition).

Editing 98

Editing Social Media Blogging Advertising 98

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

43(B)log

JUNE 26, 2023

3d -, 2023 WL 2720805, No. 30, 2023) This is fallout from one of the many right of publicity etc. In Virginia, insurance contracts are interpreted according to general principles of contract law; any ambiguity is construed against the insurer. “In The Virginia ROP “protects both a property interest and a right to privacy.”

Advertising 56

Advertising Advertising False Advertising Intellectual Property 56

Technology & Marketing Law Blog

FEBRUARY 14, 2024

The Florida legislature (bless their hearts) amended the statute in 2023 (after Lindsey’s rental) to broaden the definition of a livery. 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.

Contracts 98

Contracts Advertising Advertising Privacy 98

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage. 2023); but see Princeton Express v.

Advertising 64

Advertising Advertising Settlement Contracts 64

LexBlog IP

JANUARY 19, 2023

The Federal Trade Commission (FTC) receives so many complaints about these fraudsters that it issued a warning on January 18, 2023, entitled “ How to spot, avoid, and report weather-related scams.” Walk away if they demand cash payments up front, or refuse to give you copies of their license, insurance, and a contract in writing.

Privacy 40

Privacy Reporting Contracts Advertising 40

Technology & Marketing Law Blog

DECEMBER 2, 2023

Noshirvan’s videos forced Garramone to terminate contracts with surgeons who worried about reputational harm. Noshirvan , 2023 WL 8280955 (M.D. Garramone responded to a negative review by stating that it was not from a former or current patient. Patients canceled scheduled procedures. Case Citation : Couture v.

Editing 96

Editing Publishing Reporting Contracts 96

LexBlog IP

AUGUST 17, 2023

Another targets The Center for Countering Digital Hate (CCDH), a UK nonprofit known for scraping the platform to quantify the proliferation of hate speech, for breach of contract, intentional interference with contractual relations, inducing breach of contract, and civil violations of the Computer Fraud and Abuse Act (CFAA).

Social Media 40

Social Media Contracts Privacy Advertising 40

LexBlog IP

JANUARY 26, 2023

On January 22, 2023, T-Mobile was sued in federal court in California alleging negligence, unjust enrichment, breach of express contract, breach of implied contract, and invasion of privacy over the recently-disclosed data breach of more than 37 million postpaid and prepaid customer records.

Contracts 40

Contracts Privacy Intellectual Property 40

LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This month’s issue of Ping® highlights recent changes in State laws in Illinois and New York. Independent Contractors.

Designs 52

Designs Design Law Contracts 52

LexBlog IP

SEPTEMBER 7, 2023

On September 8, 2023, the California Privacy Protection Agency (CPPA) will discuss the two new sets of proposed California Privacy Protection Act (CCPA) regulations.

Privacy 40

Privacy Business Technology Contracts 40

Patently-O

NOVEMBER 27, 2023

It would be a shame if premature overselling of risky policies or settlement disputes led to a bubble popping and a painful contraction. [1] 14, 2023). [3] 14, 2023). [3] 14, 2023). [4] 1] See Aviva Will & David M. Disclosure is required when the insurer “may be liable” on part or all the judgment.

Settlement 83

Settlement Litigation Brands Branding 83

Technology & Marketing Law Blog

JUNE 20, 2024

It then went further and used the photo to promote the robe: In 2023, Sunny Khachatryan obtained a copyright registration for “Brave’s” photo. After receiving “Brave’s” “consent,” the hotel shared the photo on its Instagram account.

Social Media 105

Social Media Copyright Licensing Advertising 105

LexBlog IP

JUNE 7, 2023

In January 2023, the same lawyers who brought the class action suit against Copilot on behalf of the Doe plaintiffs filed a complaint in the Northern District of California ( Andersen v. Getty Images filed a similar lawsuit in January 2023 in the UK High Court and in February 2023 in the District of Delaware ( Getty Images (US), Inc.

Licensing 52

Licensing Copyright Notice Copyright Privacy 52