Technology & Marketing Law Blog

MAY 13, 2024

By Kieran McCarthy Elon Musk may have done more to open the Internet to web scraping than any person or public interest advocacy group. This creates powerful new precedent that will make it easier for web scrapers to prevail in litigation and will make it much harder for websites to prevent scraping. He was trying to do the opposite.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

Technology & Marketing Law Blog

DECEMBER 13, 2023

If nothing else, litigants know where they stand in these jurisdictions. In return for users agreeing to the TOU, Craigslist provides services to its users “including but not limited to classified advertising, forums, and email forwarding.” But normative judgments aside, ProCD v. TOU at 6-7. ” TOU at 1. at 976-977.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. Amazon is a key player in this litigation, but the court doesn’t address its responsibility at all. A New 512(f) Plaintiff Win! So what did it win?

Registration 113

Registration Fair Use Copyright Designs 113

The IP Law Blog

JANUARY 12, 2023

An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Such inventions may be protectable under federal patent laws. However, there are precautionary steps a company can take to prevent unintended liabilities.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

JUNE 21, 2023

Moreover, the Court clarified that trial courts can dispose of frivolous trademark infringement claims as a matter of law on a motion to dismiss under the Rogers test and the standard likelihood of confusion test: “That is not to say (far from it) that every infringement case involving a source-identifying use requires full-scale litigation.

Trademark 101

Trademark Blogging Trademark Law Fair Use 101