LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This change can only benefit everyone in the industry including, designers, tradespersons, and most importantly, consumers.

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Designs Design Law Contracts 52

LexBlog IP

JULY 31, 2023

House Bill 19 (“ HB 19 ”) —signed by Governor Greg Abbott in June—creates a new “Business Court” system for the Lone Star State. HB 19’s passage comes after four previous legislative efforts to enact a business court system in Texas failed. What kinds of cases will the Business Courts hear?

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Business Contracts Government Law 52

LexBlog IP

AUGUST 18, 2021

It is inevitable in almost every business. Whether it’s a seasoned designer coming with plug-and-play experience or a fresh face just out of design school, sometimes it just doesn’t work out. Recently, several of my designer clients have had to fire an employee due to the employee’s misconduct.

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Advertising Advertising Art Law 86

IP Tech Blog

FEBRUARY 22, 2022

Subscription-based contracts are common. They provide certain benefits to businesses, such as offering predictable revenue. Following this investigation, the CMA released new practical Guidance ( Guidance ) for businesses offering subscription services, which is based on the CMA’s interpretation of consumer law.

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Law Contracts Business Marketing 62

The IPKat

APRIL 22, 2024

Trier, Germany The Katfriends at the Academy of European Law (ERA) in beautiful Trier (Germany) are always busy organizing and running IP courses. The European Patent Litigation Certificate (EPLC) is designed specifically for European patent attorneys in light of the particular needs of the profession.

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Intellectual Property Law Intellectual Property IP Litigation 60

Technology & Marketing Law Blog

MARCH 25, 2024

It’s a reminder of why Twitter will never be profitable again (it’s dissipating its cash on wasteful litigation instead of building a non-cesspool business), and that check will be yet another embarrassing confirmation of Musk’s hypocrisy and fragile ego. Breach of Contract Twitter’s TOS bans scraping.

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Litigation Contracts Advertising Advertising 87

LexBlog IP

FEBRUARY 22, 2022

Subscription-based contracts are common. They provide certain benefits to businesses, such as offering predictable revenue. Consumer law aims to protect consumers against unfair contract terms and notices. It is intended to reflect what a reasonable person should be able to expect from a fair dealing business.

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Law Contracts Business Marketing 52

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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Cease and Desist Contracts Privacy Business 111

Technology & Marketing Law Blog

MARCH 10, 2022

As alleged in the complaint, plaintiffs operated a bakery known as “La Baguette,” and hired defendants to manage aspects of the business. Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. It had approximately 4,000 followers.

Social Media 81

Social Media Contracts Ownership Business 81

Kluwer Copyright Blog

APRIL 18, 2024

that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. If a 3 -step test is included, it could be designed to expand the flexibility, not shrink it. But the present draft clearly reaches such content. [2]

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Public Domain Contracts Copyright Licensing 61

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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Blogging Law Contracts Cease and Desist 118

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman opened both accounts after she entered into the employment contract with JLM. The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well. We blogged this case twice before.

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Social Media Ownership Branding Brands 100

43(B)log

FEBRUARY 18, 2022

Mostly small/emerging businesses. Goodman: Startup Law clinic: incorporation, TM, contract formation. FDA, HIPAA, privacy, patents, FAA drone rules, etc. FDA, HIPAA, privacy, patents, FAA drone rules, etc. Designed to make students feel that they have access to attorneys, separate from university.

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IP Contracts Business Privacy 60

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.”

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False Advertising Advertising Advertising Business 57

TorrentFreak

OCTOBER 11, 2021

He has not transacted any business in Virginia or contracted to supply services or things in Virginia.” “Within 30 days of entry of this order, the Wicked Entities are ORDERED to use their best efforts to implement technological measures designed to prevent subscribers of the VPN.ht Looking at the VPN.ht

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Settlement Technology IP Copyright 144

IP and Legal Filings

MAY 29, 2022

Trade secrets uphold the secrecy of integral information of an enterprise relating to its strategies, programs, designs, patterns, or more. circles that usually contend with the type of info in question; (b) has business worth as a result of its secret; and. (c) DEFINITIONS UNDER VARIOUS ACTS. (1) 1) In Burlington Home looking Pvt.

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Contracts Confidentiality Copyright Law Law 52

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. Second, even if businesses treated all consumers (i.e.,

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Privacy Designs Design Business 139

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.

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Publishing Government Contracts Law 96

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.

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Contracts Blogging Advertising Advertising 80

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. The VPN review business is flourishing as well. 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.

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Privacy IP Technology Reporting 137

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies.

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Intellectual Property IP Registration Copyright 114

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. Normally trademark owners aren’t third-party beneficiaries of that contract. A new frontier for a trade war.].

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Trademark False Advertising Advertising Advertising 138

IP Tech Blog

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. NFTs also may embody or use trademarks. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

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Trademark Non-Fungible Tokens Branding Brands 62

Art Law Journal

AUGUST 18, 2022

For example, California has special laws designed to limit paparazzi photographs, thanks to its high number of celebrity residents. Also, if you are creating an image on behalf of a company, then the use by the company would likely be seen as a commercial purpose, merely because they are a commercial business.

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Publishing Art Contracts Artwork 85

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.” ” Imagine a reframing: “can for-profit businesses encourage greater customer loyalty using product marketing?”

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Social Media Publishing Designs Design 71

LexBlog IP

OCTOBER 27, 2022

In Matthews , the plaintiff, a manufacturer, designer, installer, and servicer of cremation equipment, asserted “claims of trade secret misappropriation [under both federal and state law] and breach of contract against several of its former employees and two of the entities where they are now employed.” Lacayo , 16 F.4th

Confidentiality 52

Confidentiality Contracts Law Designs 52

The IPKat

SEPTEMBER 3, 2022

In advancing a feminist reading of the industry, the chapter exposes the invasions of privacy and other abuses involved in the effort to recruit Nellie Melba (1861–1931), darling of the opera season at Covent Garden and the New York Metropolitan Theatre, and what she received from the arrangement.

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Copyright Music Intellectual Property Marketing 95

LexBlog IP

SEPTEMBER 29, 2021

NDAs are especially essential when sharing information with another business, such as during a joint venture or potential merger. In August 2011, the plaintiff, an English data center design company, drafted an NDA in connection with negotiations over its potential sale to a competitor. Ninth Circuit’s Decision in Bladeroom.

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Confidentiality Contracts Public Domain Designs 52

LexBlog IP

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. NFTs also may embody or use trademarks. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Michael Geist

MARCH 21, 2023

That response was once called a business choice by Canadian Heritage Minister Pablo Rodriguez, but is now referred to as intimidation and subversive. The Poilievre government brands the protests “subversive” and an act of intimidation designed to stop legislation from moving forward.

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Government Journalism Contracts Branding 85

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The International Business Machine (IBM) company was granted almost 4000 patents in 2017 for AI related advancements which included blockchains. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The International Business Machine (IBM) company was granted almost 4000 patents in 2017 for AI related advancements which included blockchains. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

The International Business Machine (IBM) company was granted almost 4000 patents in 2017 for AI related advancements which included blockchains. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

LexBlog IP

NOVEMBER 28, 2023

Taken together with other EU digital and privacy regulations – such as the Digital Services Act, Digital Operational Resilience Act and General Data Protection Regulation – the interlocking effect of such regulation will be challenging to navigate.

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LexBlog IP

MAY 9, 2022

Affirmative proof likely requires disclosing sensitive business information, research and development, or corporate strategy. Last year, the Fifth Circuit Court of Appeals affirmed summary judgment against a terminated employee/plaintiff in an action for breach of contract and fraud. Not necessarily, at least not in the Fifth Circuit.

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Confidentiality Litigation Privacy Contracts 52

Traverse Legal Blog

NOVEMBER 11, 2020

Airbnb hosts rely on their ability to control their rental terms within the Airbnb platform to build their STR business. Use of Airbnb.com allows users to see all listing information and associated web pages under a ‘browser wrap’ arrangement with the terms of service and privacy policies linked in the footer. TOS; Section 3).

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Litigation Contracts Business Marketing 69