Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 131

Blogging Law Contracts Cease and Desist 131

Technology & Marketing Law Blog

AUGUST 24, 2023

In the context of web scraping, the question is whether, once a web scraper gets its authorization revoked (usually via cease-and-desist letter, but often in the form of various anti-bot protections), whether any further scraping and use of a website’s data is “without authorization” within the meaning of the CFAA.

Blogging 98

Blogging Contracts Intellectual Property Social Media 98

Technology & Marketing Law Blog

OCTOBER 28, 2022

As usual in these types of cases, Ryanair sent cease-and-desist letters to Booking telling it to stop. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Needless to say, it didn’t stop. When Booking didn’t stop, Ryanair sued for five different violations of the CFAA. hiQ Labs II at 43.

Blogging 111

Blogging Cease and Desist Business Litigation 111

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 98

Blogging Contracts Cease and Desist Confidentiality 98

Technology & Marketing Law Blog

MAY 2, 2022

Our blog post on the original Ninth Circuit ruling: “ Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts ”.). CFAA : The key question is whether hiQ’s continued access following receipt of LinkedIn’s cease-and-desist letter was “without authorization” under the CFAA.

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

TorrentFreak

FEBRUARY 7, 2024

This includes a detailed blog post the operators published on the matter, encouraging the public to use the scraped data. Before taking legal action, OCLC sent cease-and-desist requests via various email addresses and the X account of Anna’s Archive, which has since been removed.

Cease and Desist 138

Cease and Desist Contracts Publishing Copying 138

Technology & Marketing Law Blog

APRIL 1, 2023

As for the tortious interference claim, App Star alleges that by submitting the DMCA notification to service providers, Bar-Z interfered with App Star’s contracts with certain chambers of commerce. Here, the Court has already found that Bar-Z had a legal right to interfere with App Star’s contracts with the chambers of commerce.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

IPilogue

APRIL 11, 2022

She received a cease-and-desist notice from the photographer Michael Halsband, directing her to destroy the artwork. The crossover with IP rights is unreliable at best, and breach of obligations by buyer or seller in the trade can only be mitigated through breach of contract remedies.

Non-Fungible Tokens 105

Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 105

SpicyIP

SEPTEMBER 4, 2023

Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Eminem sends cease and desist notice to Vivek Ramaswamy. Wondering what IP developments took place last week? Highlights of the Week Image from here Microsoft Corporation V.

Cease and Desist 105

Cease and Desist Patent Prosecution Trademark Derivative Work 105

Technology & Marketing Law Blog

DECEMBER 15, 2021

As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure. A few plaintiffs have won default judgments (including one I blog below). Some other 512(f) cases I’ve not previously blogged: * Paul Rudolph Foundation v. Diebold from 2004, which led to a $125k damages award.

Registration 132

Registration Fair Use Copyright Design 132

The IP Law Blog

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Trading Secrets

JANUARY 24, 2024

And, as we previously blogged , the SEC historically had limited enforcement activity for Rule 21F-17(a), with roughly 14 enforcement actions between 2015 and 2021. As part of the order, JPM agreed to pay an $18 million file and to cease and desist from any further violations of Rule 21f-17(a).

Confidentiality 52

Confidentiality Cease and Desist Settlement Social Media 52

LexBlog IP

JANUARY 24, 2024

And, as we previously blogged , the SEC historically had limited enforcement activity for Rule 21F-17(a), with roughly 14 enforcement actions between 2015 and 2021. As part of the order, JPM agreed to pay an $18 million file and to cease and desist from any further violations of Rule 21f-17(a).

Confidentiality 52

Confidentiality Cease and Desist Settlement Social Media 52

IIPRD

FEBRUARY 6, 2024

Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill. This entails a diligent search for copyright violations using tools including cease-and-desist letters, legal action, and requesting injunctions to prevent unauthorized use.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

FEBRUARY 10, 2022

Other cases continue to be filed and settled administratively, such as the latest Fashion Nova matter that we discussed a few weeks ago and that inspired this blog entry. A Commission opinion in that case was issued in October 2021. Well, it’s time-consuming – and the process of getting money makes it even more time-consuming.

Cease and Desist 52

Cease and Desist Litigation Law Contracts 52

LexBlog IP

JANUARY 12, 2023

When looking into company assets protectable under federal copyright laws, one should check the company’s website, marketing materials, manuals, YouTube videos, podcasts, posted content on Instagram, TikTok, and the like, photos, software, blog posts, articles, white papers, etc.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

The IP Law Blog

MARCH 2, 2021

Expect more cease and desist letters referencing the Supreme Court’s explicit clarification in Romag when threatening to seek profits against merely knowing, reckless, or even innocent infringers. company contracting with Chinese manufacturers, after insurance, 32 will be contracts. 31 Such improvements may give U.S.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

LexBlog IP

NOVEMBER 11, 2022

delivered by a Michigan federal jury for the breach of its contract with Versata Software and the misappropriation of Versata’s trade secrets. million for Ford’s breach of contract. Isaiah Weedn has a good summary of the case in Sheppard Mullin’s Trade Secrets Law Blog. million verdict against Ford Motor Co.

Cease and Desist 40

Cease and Desist Journalism Blogging Law 40

Intepat

FEBRUARY 12, 2025

This may include any recipe, strategy, or player contracts. Legal Actions: – Cease and Desist Letters: This is often the first step to resolve issues before resorting to the courts. The rights holder may then issue cease-and-desist letters to infringers demanding that they stop using the protected mark.

IP 52

IP Cease and Desist Intellectual Property Confidentiality 52

Technology & Marketing Law Blog

JANUARY 14, 2025

Capitol Records (the successor to EMI) sent its first cease-and-desist letter to Vimeo in 2008 and sued Vimeo for copyright infringement in 2009. They are painful to blog and make it impossible to reliably anticipate how these holdings would apply to slightly different facts. Yes, this is a 15-year-old lawsuit.[FN] Vimeo, Inc.

Music 92

Music Fair Use Copyright Cease and Desist 92