Business Cease and Desist Contracts Privacy 
Technology & Marketing Law Blog
JULY 26, 2023
Cases where someone is pilfering data and/or ripping off someone’s business wholesale, and the only question is which claims will be used to take them down. But if defendant scraped all the data before getting a cease-and-desist letter and while it still had valid access, no degree of subsequent misuse creates a CFAA claim.
Technology & Marketing Law Blog
MAY 2, 2022
It also sidesteps the dispute regarding whether hiQ is still in business. 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. Can LinkedIn enjoin hiQ’s scraping on non-CFAA grounds?
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Technology & Marketing Law Blog
OCTOBER 11, 2021
It sent Kiwi cease and desist letters and has implemented security measures, but “Kiwi has continued to hack the Southwest website and sell Southwest flights without permission.”. Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. AcademyOne. Eventbrite. Power Ventures.
LexBlog IP
OCTOBER 12, 2021
As part of the new Fair Consumer Contracts Act , [ Gesetz für Faire Verbraucherverträge ; published in the Federal Gazette (Part I) no. 53/2021, p. 3433 et seq., full text publicly available ( in German ) Germany will soon require specific cancellation/termination mechanisms for consumer subscriptions. Read the full client alert.
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.
LexBlog IP
MARCH 28, 2022
The contract included a one-year non-compete clause and a forum-selection and choice-of-law clause requiring contract disputes to be adjudicated in New Jersey under New Jersey law. . (“HOC”) and signed an employment agreement with HOC’s parent company, Stryker Corporation (“Stryker”). § 1404(a).
Technology & Marketing Law Blog
DECEMBER 9, 2022
Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. As with most things, the rules that apply to Google might not apply to your business. Just ask BrandTotal.
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