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

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

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. In the US, the Constitution only restricts the action of government actors, not private entities.

Publishing 97

Publishing Government Contracts Law 97

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). I posted a chapter from the book: Online Contracts. NetChoice LLC v.

Editing 91

Editing Social Media Blogging Advertising 91

LexBlog IP

JULY 26, 2023

Two key laws governing e-commerce in the UAE are Federal Law No. Electronic signatures are recognized as equivalent to handwritten signatures, and contracts remain valid and enforceable if made using electronic documents. These contracts are legally valid and enforceable. 46/2021 Electronic Transactions and Trust Services.

Business 52

Business Advertising Advertising Contracts 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

But if I stopped what I was doing to write a personal message every time I saw a blogger with no legal background shilling for a web-scraping company or a half-asleep aggregator journalist [FN] spewing ignorance online about the laws that govern web scraping, I wouldn’t get out much.

Blogging 120

Blogging Law Contracts Cease and Desist 120

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Normally trademark owners aren’t third-party beneficiaries of that contract.

Trademark 139

Trademark False Advertising Advertising Advertising 139

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well.

Social Media 102

Social Media Ownership Branding Brands 102

IP and Legal Filings

AUGUST 19, 2022

The company bases its entire business model on the purchase of such a database and earns money from advertising, royalties, or client payments. Every Indian citizen has the fundamental right to liberty and the right to privacy thanks to the protections provided by Article 21 of the Indian Constitution. Picture Credit: Shutterstock].

Copyright 52

Copyright Database Right Privacy Technology 52

The IPKat

DECEMBER 13, 2022

The court’s decision was hinged on the fact that the applicant had misrepresented to the respondent that there was a name change when in fact, the company with whom the respondent had earlier contracted was liquidated. There is no such defence (of non-commercial purpose) in Ghana’s Copyright Act.

Copyright 118

Copyright IP Music Ownership 118

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

Kluwer Copyright Blog

JANUARY 26, 2022

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. Blockchain-powered timestamps coupled with smart contracts could help address complex copyright and other IP-related problems (patents, trademarks, etc.)

Ownership 115

Ownership IP Non-Fungible Tokens Technology 115

SpicyIP

NOVEMBER 8, 2023

Nevertheless, with the increasing impact of copyright and privacy on the flow of information, the path of transparency seems to be becoming more and more turbulent, warranting more attention and closer scrutiny than before. Only then does Google need to take action against the advertisement and not otherwise.

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

JUNE 14, 2024

That exception doesn’t apply here because “the School Districts are not individual consumers of Defendants’ platforms who need special protections but are not protected by contract.” As a legal matter, Section 230 does more than just govern the publish/don’t-publish decision. Snap and Dyroff.]

Social Media 72

Social Media Publishing Designs Design 72

Olartemoure Blog

OCTOBER 3, 2023

This processing is a contravention of the principles governing the GDPR and in the absence of a legal basis that would legitimize or justify such processing. Considering the above, the main basis for the processing by Meta of the referred data would be informed consent, granted through the acceptance of the service contract.

Law 105

Law Privacy Contracts Marketing 105

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. Many sites have multiple overlapping governance documents with similar names, so it’s fair for consumers to expect accurate specificity. sought to send the case to arbitration. The district court disagreed. Warner Bros.

False Advertising 85

False Advertising Government Privacy Designs 85

SpicyIP

JULY 19, 2021

She notes that the most controversial provision in the new Bill is the re-introduction of revisionary powers of the Central Government to direct the CBFC Chairman to reexamine an already certified film. Serious Comparative Advertising: Broadening the Definition. Thematic Highlights. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Previously , the right had been discussed in the context of individual’s names appearing in judgments.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

FEBRUARY 20, 2024

Let’s give you some insights as to What constitutes such infringement, what can be done against this, and the relevant laws governing such situations . Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Interesting right? Puttaswamy v.

Personality Rights 63

Personality Rights Privacy Social Media Copyright 63

Technology & Marketing Law Blog

MAY 25, 2022

In other words, the panel recognizes that “common carriage” is just another name for “government censorship.” ” Thus, the label does not give the government regulation a free pass around the First Amendment. McManus ruling, which rejected some mandatory disclosures about political advertising.

Social Media 101

Social Media Law Blogging Publishing 101

43(B)log

FEBRUARY 24, 2023

New facts: Many doctrinal foundations—comparative advertising, LOC where market structure and expectations of consumer behavior have changed. Contract law: recently, Adidas decided Ye was too toxic to work with and cancelled deal. Worried about trusting 1A to do good work here. Often works to scientize a doctrine. TM and ROP, maybe.]

Trademark 49

Trademark Branding Brands Branding 49

Intepat

FEBRUARY 7, 2023

WEB3.0 – Decentralized Similar to the real world, the metaverse is not built or operated by a single entity, there are many stakeholders which include individuals, companies, governments etc. has a certain level of regulation and control imposed by the governments depending upon the jurisdiction, Web3.0

IP 52

IP Law Invention Licensing 52

43(B)log

FEBRUARY 3, 2024

Harms: speech, consumer protection (false advertising/disappointed expectations), competition/antitrust, innovation/fair use, interoperability, accessibility, security and privacy, environmental harms of unrepairable devices. Bruce Boyden: Privacy cases about the privacy torts also do so. Cablevision.

Privacy 59

Privacy Fair Use Fanworks Government 59

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Business frame obscures broader privacy harms. If the law says that Google is a common carrier, expecting more speech governance is irrational. What are you going to do instead, advertise on Bing? A: quite likely.

Law 119

Law Branding Brands Branding 119

Technology & Marketing Law Blog

JANUARY 24, 2023

There is widespread belief that the major incumbents are too big, too rich, and too capricious to avoid pervasive government control. I have explained in detail how mandatory editorial transparency laws enable government censorship, both by prospectively channeling publisher behavior and through post hoc enforcement threats.

Law 116

Law Social Media Government Privacy 116