Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 81

Social Media Ownership Designs Design 81

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design.

Trademark 94

Trademark Contracts Blogging Fair Use 94

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. ” OK boomer.

Privacy 92

Privacy Contracts Marketing Marketing 92

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws. Going Forward.

Ownership 103

Ownership Intellectual Property Artwork Copyright Law 103

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

Technology & Marketing Law Blog

APRIL 16, 2022

The court even finds fault with the way the hyperlink is presented: A web designer must do more than simply underscore the hyperlinked text in order to ensure that it is sufficiently ‘set apart’ from surrounding text. See blog posts on those rulings here and here.). Lawyers who advise website designers and companies, take note!

Contracts 112

Contracts Designs Design Law 112

Velocity of Content

SEPTEMBER 9, 2021

This is the sixth (and, for now, final) post in this series, where we’ve looked at the copyright requirements and options for digital content creators, such as blogs and podcasts. For the more easy-going as to rights, there is always the Creative Commons licensing option. YouTube, an IP Regime unto itself? Explore your options.

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Copyright Social Media Licensing Publishing 113

Technology & Marketing Law Blog

MARCH 5, 2024

The print-on-demand service at issue is Pixels, who has appeared on this blog before. On the other end are brick and mortar stores that sell trademark-infringing items directly to consumers, regardless of whether the stores design or manufacture those items. Pixels appeared first on Technology & Marketing Law Blog.

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Artwork Trademark Publishing Marketing 99

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). “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. ” Oops.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Names through IPR Celebrities commonly demand a licensing fee for the utilization of their name, image, or other distinctive attributes in advertising or merchandising endeavours. This unauthorized usage may also give rise to breaches of confidence or violations of privacy.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. Age-Appropriate Design Code.

Privacy 139

Privacy Designs Design Business 139

Barry Sookman

MAY 3, 2020

Neutron – Technology & Marketing Law Blog [link] 2020-04-26 Changes Result in the Alberta Electronic Transactions Act Applying to Employment and Other Records [link] 2020-04-26 Redbox’s Terms of Use Fail (OUCH)-Wilson v.

Privacy 52

Privacy Cease and Desist Technology Copyright 52

Intepat

JUNE 15, 2023

However, this flourishing industry brings forth a multitude of legal challenges, encompassing privacy concerns and intellectual property protection. Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement. What is copyright protection?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

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 ”.). The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles.

Cease and Desist 112

Cease and Desist Contracts Privacy Business 112

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. 4] Andrew L.

IP 52

IP Artwork Contracts Intellectual Property 52

Technology & Marketing Law Blog

JUNE 14, 2024

[Warning: this is a 5,600 word blog post]. Despite the importance of those Fall 2023 rulings, I never blogged either. I then pivoted to cover both in the same blog post, but that was too big a project for my time window and it stalled out. My coverage of the federal court non-dismissal will forevermore remain in blog purgatory.

Social Media 72

Social Media Publishing Designs Design 72

IP Tech Blog

JULY 18, 2023

Other considerations for legal professionals abound, privacy being salient among them. For example, photo licensing company Getty Images filed suit in the Northern District of California against AI company Stability AI Inc. Will its intelligence license it to be cruel? To wipe us out?

Business 52

Business Law Social Media Reporting 52

Technology & Marketing Law Blog

MARCH 10, 2022

It’s helpful to compare and contrast this case with a pair of cases I blogged about last year. Maryland enacted a social media privacy law in 2021. The Spectacular Failure of Employee Social Media Privacy Laws. SF Design Group. Fredman Design Group. In United Federation of Churches v. Christou v.

Social Media 82

Social Media Contracts Ownership Business 82

Technology & Marketing Law Blog

MARCH 25, 2024

RIPTwitter. * * * Most readers should stop reading the blog post here. ” As the court notes, such tactics are exactly what anti-SLAPP laws are designed to combat. “Any failure by Brandwatch to secure the Licensed Materials was a precondition to CCDH’s access.” Anti-SLAPP laws end pernicious cases early.

Litigation 87

Litigation Contracts Advertising Advertising 87

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. 9, 2024) The post Boat Rental Marketplace Defeats Lawsuit Over Offline Boating Accident–In re Chaves appeared first on Technology & Marketing Law Blog. LEXIS 23688 (S.D.

Contracts 75

Contracts Advertising Advertising Privacy 75

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. appeared first on Biswajit Sarkar Blog.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. appeared first on Biswajit Sarkar Blog.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. appeared first on Biswajit Sarkar Blog.

Technology 52

Technology Patent IP Invention 52

JIPEL Copyright Blog

MARCH 9, 2022

For instance, AR could be designed to allow a visitor to access additional information about a particular piece of work, while VR could enable individuals who are unable to physically visit a museum to peruse its collections from the comfort of their own homes, at their own pace.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

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 other words, the law simply wasn’t designed to redress the plaintiffs’ concerns.

Publishing 96

Publishing Government Contracts Law 96

Technology & Marketing Law Blog

JANUARY 23, 2024

“In the context of web-based contracts, clarity and conspicuousness are a function of the design and content of the relevant interface.” First, he fails to cite evidence or relevant authority that would allow the Court to find that Defendant’s form was intentionally designed to distract or mislead a reasonable consumer.

Contracts 80

Contracts Blogging Advertising Advertising 80

LexBlog IP

JUNE 7, 2023

Where there is a single provider of the database containing content to be used for training (such as Getty Images), the developer of a generative AI system could seek to negotiate a license; in instances where the content is owned by hundreds (or more) of different copyright holders, this quickly becomes impracticable (and likely cost-prohibitive).

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

The IP Law Blog

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. . 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

APRIL 27, 2024

The court also says the disclosure was sufficiently conspicuous: Directly beneath the operative Play button is the following: “By tapping ‘Play’ I agree to the Terms of Service” or “By tapping ‘Play’ I accept the Terms of Use and acknowledge the Privacy Policy,” depending on the app’s version. Obviously, Warner Bros. could have done better.

False Advertising 84

False Advertising Government Privacy Designs 84

SpicyIP

JANUARY 23, 2023

here are our summaries for our blog posts, 15 case summaries and other national and international IP developments. This post was originally published in Bill of Health , the blog of Petrie-Flom Center at Harvard Law School. After a week full of interesting IP developments and some very interesting orders (!),

Designs 102

Designs Design Invention Registration 102

Technology & Marketing Law Blog

JANUARY 10, 2024

The reality is that most websites are likely to have some 15-year-old users, even if the site isn’t designed to appeal to that audience. 9, 2024) Selected Related Blog Posts * Louisiana’s Age Authentication Mandate Avoids Constitutional Scrutiny Using a Legislative Drafting Trick–Free Speech Coalition v. Yost , No. Kuklinski v.

Social Media 86

Social Media Law Contracts Designs 86

IPilogue

OCTOBER 12, 2021

Its AI is designed to detect and prevent crimes. Instagram’s terms of service include a non-exclusive limited license to use anything individuals post on their site — but that doesn’t allow AI programs like Clearview to swoop in and take what they need. The Problem With Clearview. By itself, this doesn’t sound like a bad thing.

Social Media 110

Social Media Privacy Technology Reporting 110

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 137

IP Intellectual Property Copyright Trademark 137

IPilogue

DECEMBER 5, 2022

Synthetic data as a workaround for privacy issues. As a potential means for government to provide easy access to data, Dr. Gaon proposed using synthetic data to facilitate access to data and solve privacy problems, citing a government-led project in Israel. From the audience, Prof. David Vaver put forth concerns about IP ownership.

Privacy 120

Privacy Ownership Government IP 120

LexBlog IP

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. 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

JULY 19, 2021

Nishtha emphasises that in determining whether the deceased possessed personality rights enforceable by his heirs, the Court based its reasoning on the intertwining between privacy and publicity rights. She criticises the judgment because the Court based its reasoning solely on privacy without any justifications rooted in property rights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Kluwer Copyright Blog

MAY 15, 2024

This blog post focuses on a balanced solution for the emerging problems on the input and output sides of generative Artificial Intelligence (AI), mostly from the perspective of U.S. It is arguably a matter of “law by design” (see here , here and here ). copyright law. However, this does not have to be the case.

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Copyright Fair Use Copyright Law Editing 54