Technology & Marketing Law Blog

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. Meta sent Bright Data a series of cease-and-desist notices telling it to stop.

Blogging 126

Blogging Cease and Desist Contracts Marketing 126

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. Now, the primary vehicle to stop web scraping is with breach of contract claims. Lawyers are increasingly confident that courts will enforce the breach of contract claim against scrapers and obtain the relief thy want.

Blogging 98

Blogging Contracts Intellectual Property Social Media 98

IPilogue

APRIL 11, 2022

Lehv is a senior litigation counsel at Fross Zelnick Lehrman & Zissu, P.C. She received a cease-and-desist notice from the photographer Michael Halsband, directing her to destroy the artwork. My biggest takeaway from the discussion was the range of possibilities that NFTs’ creation and trade present.

Non-Fungible Tokens 105

Non-Fungible Tokens Cease and Desist Intellectual Property Artwork 105

Technology & Marketing Law Blog

JANUARY 25, 2024

LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation. Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. Bright Data responded by closing its Meta accounts and terminating its online contracts with Meta. Meta Platforms, Inc.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

Technology & Marketing Law Blog

OCTOBER 28, 2022

Ryanair has a long history of litigating against OTAs in Europe and the United States. It has previously litigated against OTAs in Spain, France, Ireland, and Switzerland, with mixed results. It previously litigated against Expedia in Washington. The facts of the case are relatively simple, with a couple of twists.

Blogging 111

Blogging Cease and Desist Business Litigation 111

Trading Secrets

JULY 27, 2022

The letter further advised Macaroco that Vanity Lab would take legal action to enforce its rights in the event of a breach of her contract. Notably, the defendant employer in this case went beyond merely sending a cease-and-desist letter to Macaroco, instead allegedly using it to prevent others from doing business with her.

Cease and Desist 59

Cease and Desist Confidentiality Contracts Business 59

Traverse Legal Blog

SEPTEMBER 27, 2024

Your contracts with wholesalers, distributors, and retailers are the key to establishing an authorized sales channel to protect yourself against gray market sellers. If the cease and desist letter does not stop the sale of grey market goods, you may need to take the next drastic step by filing litigation.

Branding 52

Branding Branding Brands Marketing 52

Larson & Larson

SEPTEMBER 3, 2021

for litigation. However, you can stop infringement through the following: Use a Cease and Desist Letter. A lawyer can help you draft and send a cease and desist letter. A cease and desist letter is often a simple solution where the alleged infringer does so unintentionally. Bottom Line.

Intellectual Property 52

Intellectual Property Cease and Desist IP Contracts 52

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

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. Amazon is a key player in this litigation, but the court doesn’t address its responsibility at all. A New 512(f) Plaintiff Win! So what did it win?

Registration 132

Registration Fair Use Copyright Design 132

LexBlog IP

FEBRUARY 10, 2022

One of the post- AMG predictions about Federal Trade Commission (FTC or Commission) law enforcement is that we will see more administrative litigation. And what are the three matters in administrative litigation? Let’s walk through the FTC administrative litigation process and see what makes it particularly time-consuming.

Cease and Desist 52

Cease and Desist Litigation Law Contracts 52

Trading Secrets

JANUARY 24, 2024

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). In recent consent orders, the SEC normally included a notification requirement and obligation to revise non-compliant agreements.

Confidentiality 52

Confidentiality Cease and Desist Settlement Social Media 52

The IP Law Blog

JANUARY 12, 2023

Items that were developed or created through the use of independent contractors, such as consultants, photographers, website and application developers, software developers, advertising agencies, graphic artists, production companies, and the like, may be company assets depending on contract terms.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

JULY 5, 2022

First, after a full FTC administrative litigation that ends with a cease and desist order, the FTC can use Section 19 to go to federal court and seek monetary relief for fraudulent and dishonest conduct. Section 19 has two key uses.

Cease and Desist 52

Cease and Desist Contracts Law Litigation 52

Indiana Intellectual Property Law

JULY 12, 2021

While Watch has sent cease and desist letters to each of the co-defendants, they have allegedly not ceased their unlawful activities. Watch further claims Jarman did not disclose his departure from Watch to business partners of Watch and continued to use his position to garner business for GRiT.

Cease and Desist 52

Cease and Desist Confidentiality Business Design 52

IP.com

OCTOBER 2, 2024

This can include non-disclosure agreements (NDAs), confidentiality clauses in employment contracts, and secure data management practices. Take prompt action against unauthorized use through cease-and-desist letters, negotiations, or legal proceedings if necessary.

IP 52

IP Intellectual Property Cease and Desist Confidentiality 52

SpicyIP

MAY 15, 2023

Gaurangi Kapoor highlights the key aspects of the litigation and writes on the findings of the court. They further argued that they had issued a cease and desist notice on 6th November, 2020 to which no response was received.

Trademark 104

Trademark Registration Cease and Desist IP 104

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Brands 52

The IP Law Blog

MARCH 2, 2021

Will it incentivize more trademark litigation since it clearly establishes that a showing of willfulness is not required to obtain a profits award? But we believe the decision is unlikely to have much of a practical effect on trademark litigation other than in situations substantially similar to Romag.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52