Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

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Technology & Marketing Law Blog

MAY 2, 2022

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. Are robots.txt, IP address blocks, or cease-and-desist letters still relevant to the CFAA at all? LinkedIn appeared first on Technology & Marketing Law Blog.

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Technology & Marketing Law Blog

MARCH 28, 2023

Meta sent Bright Data a series of cease-and-desist notices telling it to stop. Much digital ink has been spilled on online contract formation; much less on online contract termination. Fourth, Defendant agreed with Facebook to divide markets to ensure Facebook would not develop a competing product.

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TorrentFreak

AUGUST 21, 2021

Last year his Area 51 service was shut down following a cease-and-desist issued by the Alliance For Creativity and Entertainment (ACE). They also allege a breach of contract in respect of the settlement agreement while demanding an injunction to restrain Tusa moving forward. Early July in a California court, Warner Bros.,

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TorrentFreak

DECEMBER 6, 2022

Friend MTS offers dynamic, near real-time blocking of illegal IPTV streams and recent contract renewals ( 1 , 2 ) suggest that expectations are being met. Two years on from these operations, ACE executed a successful cease and desist action near Belgrade, Serbia. ACE Has Experience in Key Areas.

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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.

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Technology & Marketing Law Blog

APRIL 8, 2025

The court also rejects Viral DRM’s standing to bring a 1202 CMI claim because the contract trail was too confusing for the court. Maritas * 512(f) Plaintiff Must Pay $91k to the DefenseDigital Marketing v. Summit Entertainment * Cease & Desist Letter to iTunes Isnt Covered by 17 USC 512(f)Red Rock v.

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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.

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The IPKat

OCTOBER 8, 2024

In a case involving a patent for herbicide compositions, the UPC Munich Local Division was asked to consider whether the alleged infringer's marketing of a product within the Contracting Member States under the same brand name as a clearly infringing product sold outside the Member States created a risk of first (or imminent) infringement.

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LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced. The Bottom Line.

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Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. 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.

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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.

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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.

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Blogging Contracts Cease and Desist Confidentiality 98

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. As usual in these types of cases, Ryanair sent cease-and-desist letters to Booking telling it to stop. Needless to say, it didn’t stop. hiQ Labs II at 43. –RyanAir v.

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The IPKat

AUGUST 7, 2024

It enables the Respondent to make contact with potential customers and thus establish its own market presence. It is obvious that the exhibition of the contested embodiment at this trade fair can lead to a loss of sales or market share for the Applicant that can hardly be reversed. The penalty for this was set at 500.00

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The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Sometimes marketing departments and independent divisions spin out valuable intellectual property assets that, for one reason or another, never made it past the desk of general counsel or a responsible executive.

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SpicyIP

SEPTEMBER 4, 2023

on 21 August, 2023 (Delhi High Court) Considering, inter alia, that the appellant’s products were available in the market before the institution of the suit, a Division Bench of the Delhi High Court held that the appellant should have been accorded an opportunity to oppose the ad interim injunction application. Dabur India Ltd.

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BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos and St.

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43(B)log

JANUARY 3, 2024

CCM counterclaimed for abuse of process and for violations of the Lanham Act and related state laws; one ex-employee also brought counterclaims against loanDepot for breach of contract and breach of the implied covenant of good faith and fair dealing. The false association/coordinate state law claims survived. Dismissed without prejudice.

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Technology & Marketing Law Blog

DECEMBER 15, 2021

In making this finding I draw an adverse inference from Defendant’s failure to initiate litigation against Plaintiff…by November 19, 2018, Defendant was using the DMCA Takedown Notices to suppress a market competitor rather than to enforce a legitimate good faith claim of copyright infringement. MGA Entertainment.

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IP.com

OCTOBER 2, 2024

This audit should involve a thorough review of your products, services, marketing materials, and business processes to identify all forms of IP that need protection. This can include non-disclosure agreements (NDAs), confidentiality clauses in employment contracts, and secure data management practices.

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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. An identifiable sign, symbol, or statement that sets one product or service apart from competitors in the market is called a trademark.

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LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Sometimes marketing departments and independent divisions spin out valuable intellectual property assets that, for one reason or another, never made it past the desk of general counsel or a responsible executive.

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IP Intellectual Property Social Media Cease and Desist 52

Corsearch

NOVEMBER 28, 2023

They’re not always outside of your supply chain either – they can be ‘insiders’ creating more supply than contracted or selling outside of agreed markets. They thrive on the market of constantly changing offers and flash-sales, with fake products disguised among genuine discounted goods. Learn more about stopping the source.

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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.

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SpicyIP

MAY 15, 2023

After perusing the material on record, the court concluded that Brompton had no privity of contract with YSL and the Supply Agreement with Beverly from which Brompton claims to derive its rights was in contravention of the original Franchise Agreement with YSL. Case: Holyland Marketing Pvt. vs Vijay Pal Vineet Kumar And Co.

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Intepat

FEBRUARY 12, 2025

Introduction In recent decades, the rise in popularity of sports and esports has generated huge wealth, and with the drastic expansion of these markets comes a need for Intellectual property Rights protection. This may include any recipe, strategy, or player contracts. This plays an important role in having an edge in competition.

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Trading Secrets

DECEMBER 20, 2024

Guardian) to cease enforcement of no-hire provisions it included in customer service agreements with residential building owners and building management companies, prohibiting the hire of Guardians employees. On December 4, 2024, the Federal Trade Commission (FTC) ordered building services contractor Guardian Industries, Inc.

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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. Vimeo appeared first on Technology & Marketing Law Blog. Yes, this is a 15-year-old lawsuit.[FN] FN] [FN: This lawsuit is almost old enough to drive a car. Vimeo, Inc.

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