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

LexBlog IP

JANUARY 4, 2022

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Franken-contracts can ruin your business. reportAd: {.

Contracts 52

Contracts Business Confidentiality Privacy 52

The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. Paragraph 31]. Paragraph 43].

Privacy 97

Privacy Personality Rights Advertising Advertising 97

LexBlog IP

JANUARY 10, 2024

” The FTC’s settlement with X-Mode/Outlogic marks its first with a “data broker concerning the collection and sale of sensitive location information.” ” The FTC’s complaint alleged that Outlogic failed to put reasonable and appropriate safeguards in place regarding the use of the data by third parties.

Privacy 52

Privacy Settlement Marketing Marketing 52

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 136

Privacy False Advertising Contracts Advertising 136

Technology & Marketing Law Blog

JUNE 9, 2022

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. BrandTotal’s initial software proactively pinged Facebook and collected responsive information.

Contracts 105

Contracts Privacy Social Media Advertising 105

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. 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.

Litigation 87

Litigation Contracts Advertising Advertising 87

LexBlog IP

JANUARY 19, 2023

According to the Alert: Here are a few ways to spot the scammers who might try to take your money or personal information after a weather emergency: Spot imposter scams. Download the FEMA Mobile App to get alerts and information. Visit FEMA.gov for more information. Spot home improvement and debris removal scams.

Privacy 40

Privacy Reporting Contracts Advertising 40

LexBlog IP

JULY 26, 2023

It does not compel individuals to use electronic documents without consent, and certain information may be exempt from the obligation to save documents. Electronic signatures are recognized as equivalent to handwritten signatures, and contracts remain valid and enforceable if made using electronic documents. Federal Law No.

Business 52

Business Advertising Advertising Contracts 52

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

Contracts 84

Contracts Privacy Blogging Litigation 84

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 80

Blogging Copyright Contracts Cease and Desist 80

LexBlog IP

OCTOBER 1, 2021

The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Contract lawyers know that to be enforceable a promise must be supported by consideration. One-size-fits-all contracts always need fine-tuning. Application. reportAd: {.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

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. False Advertising. ” This is a highly defense-favorable reading of the contract provision. ” Publisher/Speaker Claims. ” Oops.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

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.

Privacy 91

Privacy Contracts Marketing Marketing 91

IPilogue

JULY 28, 2021

Since Roderique was unaware of the advertisement and was not doing work for The Bay, she tweeted the following: “ Hey @hudsonsbay, it would have been a good idea for you to get my permission to use my face and associated activism to solicit donations ‘to support employment and empowerment of IBPOC’, no? Roderique’s Response.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

43(B)log

FEBRUARY 22, 2022

Previously, the court denied Robinhood’s motion to dismiss claims for negligence and violations of the California Consumer Privacy Act (CCPA), the constitutional right to privacy, and the unlawful and unfair prongs of the Unfair Competition Law (UCL). Was it plausible that plaintiffs relied on the Financial Privacy Notice?

Privacy 52

Privacy Contracts Law False Advertising 52

Technology & Marketing Law Blog

JULY 26, 2023

In addition to providing Chegg’s for-pay services online for free, Homeworkify has used and continues to use Chegg’s name in Google Advertising. 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. The horror!

Cease and Desist 87

Cease and Desist Blogging Contracts Privacy 87

IP and Legal Filings

AUGUST 19, 2022

They are a powerful search engine that makes information easily accessible. The company bases its entire business model on the purchase of such a database and earns money from advertising, royalties, or client payments. The Indian Contract Act may be invoked by including a separate clause in the contract for database confidentiality.

Copyright 52

Copyright Database Right Privacy Technology 52

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. & Prof. Section 230.

Contracts 93

Contracts Social Media Advertising Advertising 93

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 138

Trademark False Advertising Advertising Advertising 138

Technology & Marketing Law Blog

DECEMBER 9, 2022

And since I like to go outside, I figured I’d save everyone some time and provide a condensed takedown of the some of the more common but less-informed perspectives about the laws related to web scraping in the United States. [FN] Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 118

Blogging Law Contracts Cease and Desist 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 137

Privacy IP Technology Reporting 137

LexBlog IP

OCTOBER 5, 2021

The Seventh Circuit Court of Appeals recently upheld a preliminary injunction prohibiting a former distributor and its parent company from selling a spine implant device that incorporated trade secret information. Plaintiff Life Spine, Inc. had created a device to correct spinal spacing issues during surgery.

Confidentiality 52

Confidentiality Patent Contracts Intellectual Property 52

LexBlog IP

JULY 8, 2022

The Freelance Isn’t Free Act (the “Act”) if signed, would amend the New York Labor Law to establish rights for covered freelance workers such as the rights to receive a written contract, receive timely and full payment, and freedom from retaliation. 866)734-2568 and David [at] adler-law.com. Independent Contractors.

Designs 52

Designs Design Law Contracts 52

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts 80

Contracts Blogging Advertising Advertising 80

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. The court also considered that in general and practical terms, the university was not a profit-making enterprise.

Copyright 118

Copyright IP Music Ownership 118

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

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

Privacy 100

Privacy Marketing Marketing Social Media 100

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 114

Ownership IP Non-Fungible Tokens Technology 114

Olartemoure Blog

OCTOBER 3, 2023

Specifically, the personal data processing activities disapprove by the German antitrust authority, were those related to the massive collection and processing of information from users of the social network Facebook, both directly on the platform and on other websites or applications (so-called “off-Facebook” data).

Law 105

Law Privacy Contracts Marketing 105

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

The IP Law Blog

JANUARY 12, 2023

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. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

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.” Therefore, Defendants here cannot be analogized to mere publishers of information. Snap and Dyroff.]

Social Media 71

Social Media Publishing Designs Design 71

LexBlog IP

JANUARY 12, 2023

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. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

JANUARY 2, 2022

Further, the Court specifically addressed the use of social media platforms by citizens to voice their grievances and stated that such use during a crisis can in no way be termed misinformation and it noted that it would treat any clampdown on free exchange of information as contempt of court. Sun Pharmaceuticals Industries Ltd.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

AUGUST 17, 2021

It stores both PII and Protected Health Information from its customers’ donors, patients, students, and congregants. In its July 2020 disclosures, Blackbaud asserted that the cybercriminals did not access credit card information, bank account information, or SSNs. This litigation followed.

Privacy 57

Privacy Business Litigation Confidentiality 57

Technology & Marketing Law Blog

MAY 25, 2022

The court explains (bolding added): social-media platforms aren’t ‘dumb pipes’ : They’re not just servers and hard drives storing information or hosting blogs that anyone can access, and they’re not internet service providers reflexively transmitting data from point A to point B. The panel answers that question decisively yes.

Social Media 99

Social Media Law Blogging Publishing 99