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. SF Design Group.

Social Media 101

Social Media Ownership Branding Brands 101

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. If the latter, then the definition will pick up smallish online retailers that have small marketplace components.

Trademark 138

Trademark False Advertising Advertising Advertising 138

LexBlog IP

MARCH 15, 2022

Defendants are five former network salespeople of Belle Cosmetics, who plaintiff alleges, helped design and launch a competing product line for a company called Juvanae LLC. This will be an interesting case to follow, in particular what the court considers “reasonable efforts” with respect to materials posted in a Facebook group.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

43(B)log

AUGUST 12, 2022

Possible solutions to reduce cost/human hours: AI assistance should be designed to provide better understanding of appropriate context. Appropriation of Data-driven Persona Zahra Takhshid Should extend privacy to cover data about us. Data privacy as the new frontier. Misrecognition of audio and video may occur.

Privacy 59

Privacy Inventor IP Government 59

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.” collectively.”

False Advertising 59

False Advertising Advertising Advertising Business 59

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. What’s Required.

Privacy 140

Privacy Designs Design Business 140

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. Definitely don’t try to replicate Disney’s narrow escape if you can avoid it! But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this.

Contracts 74

Contracts Law Reporting Blogging 74

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.” Someone ALWAYS experiences “adverse effects” from publishing content; by definition, publication makes winners and losers.

Social Media 72

Social Media Publishing Designs Design 72

Technology & Marketing Law Blog

JANUARY 10, 2024

Obviously, these definitions reach most user-generated content (UGC) services, not just “social media” in the classic sense. 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. ” It’s not a close call in my mind.

Social Media 86

Social Media Law Contracts Designs 86

Technology & Marketing Law Blog

JUNE 17, 2023

Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims. Plaintiffs’ claims for breach of the GitHub Privacy Policy and Terms of Service, violation of the CCPA, and negligence are dismissed with leave to amend. But not so, says the court.

Blogging 129

Blogging Licensing Privacy Copyright Notice 129

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

IPilogue

SEPTEMBER 23, 2021

Does that definition apply here so as to disturb the apparent pattern of paras. (a) The defendant lost at trial and on appeal because he failed to prove the contrary, i.e., that he employed the plaintiff under a contract of employment ( Choko , QCCA at [13]). 2, definition of “collective society”). a) and (b)? 2 inapplicable?

Ownership 92

Ownership Copyright Intellectual Property Designs 92

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. She argues that the law should broaden the definition of serious comparative advertisement (where the owner of the mark advertises his product reference to his competitor’s product based on scientific study) by allowing multiple comparisons. Thematic Highlights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

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

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 101

Copying Copyright Law Copyright Social Media 101

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 64

Personality Rights Privacy Social Media Copyright 64

LexBlog IP

NOVEMBER 15, 2023

Notably, in a Fact Sheet published alongside the Order, the President sends a clear directive to Congress to “pass bipartisan data privacy legislation to protect all Americans, especially kids.”

Privacy 40

Privacy Intellectual Property Government Technology 40

SpicyIP

JANUARY 2, 2022

Particularly, it was argued that against the backdrop of the pandemic, the medicines produced were in high demand due to their characteristics of relieving some of the major symptoms exhibited by the patients who had contracted the Covid-19 virus. The petitioner sought to exercise the right to privacy on behalf of her late aunt, J.

IP 136

IP Intellectual Property Copyright Trademark 136

43(B)log

FEBRUARY 24, 2023

Session 1: Identifying and Explaining Anachronisms Introduction: Mark McKenna: Every year, a TM exam could be written differently: one a very conventional exam question with Company A using one mark and Company B using a similar mark/similar goods, conventional walk through confusion factors in the way the test was designed to deal with.

Trademark 49

Trademark Branding Brands Branding 49

43(B)log

FEBRUARY 22, 2021

There are other policy concerns about research such as privacy, human subjects rules. Lunney responds, fairly enough, that this characterization might limit © fair use to the overly limited patent definition.] A: He definitely doesn’t want a commercial/noncommercial divide categorically. using data to do what?

IP 40

IP Fair Use Copying Intellectual Property 40

Technology & Marketing Law Blog

MAY 25, 2022

This requirement is similar to many privacy law requirements to provide users with the ability to access, delete, or port their data, so I’m guessing many privacy lawyers were relieved to see this. Nevertheless, the panel says that the plaintiffs can still make a showing on remand that this requirement is unduly burdensome. .”

Social Media 100

Social Media Law Blogging Publishing 100

Trading Secrets

DECEMBER 29, 2022

Practical measures should also be taken to protect confidential information and trade secrets, including limiting access to sensitive information, using exit interviews, and (provided that applicable privacy laws are followed) monitoring use of company IT resources and conducting forensic investigations of departing employees’ computer devices.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

It is not enough to simply assume that the new hire will know and abide by his or her obligations, and requires a proactive approach, which may require the company to consider its hiring paperwork (are your current contracts sufficient to protect your interests?), Employee Mobility & Its Effects on Trade Secrets and Non-Competes.

Confidentiality 40

Confidentiality Business Law Contracts 40

Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. Gutman gave JLM the “exclusive” right to use her name in connection with bridal wear for the term of the agreement and two years following (provided she participated in the design of such clothing).

Social Media 92

Social Media Ownership Contracts Privacy 92

43(B)log

FEBRUARY 23, 2024

Only if you believe they’ll stick with their statement about the definition of “use in commerce.” I think you could say that when you claim to have a “mark” subject to 43(a), you use the relevant definition, but when you’re asserting some other claim under 43(a), you don’t have to do so.] Standing makes him nervous b/c of privacy.

Trademark 45

Trademark Law Branding Brands 45

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. Coakley’s threats prompted Wagging Tails—successor to Virtuoso and affiliated with Harvey Berger—to file its breach of contract and copyright infringement lawsuit against Coakley in federal court in Los Angeles.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

Technology & Marketing Law Blog

SEPTEMBER 21, 2021

However, any online account registration that lets users publish content to anyone, including the world, seems to meet the definition. ” (What does the word “functionally” do in this definition?). MAU doesn’t have a single well-accepted definition, so it can be gamed.

Social Media 144

Social Media Law Publishing Government 144

Technology & Marketing Law Blog

JULY 31, 2022

Definition of “Hateful conduct” means “the use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.”

Social Media 112

Social Media Reporting Government Law 112

43(B)log

FEBRUARY 19, 2022

Business frame obscures broader privacy harms. Role definitions can render certain interpretations “irrational.” Essential facilities is designed to deal w/a specific kind of bottleneck—telecom, bridge, road—a channel that’s needed. Amazon may also be able to redefine information by contract. A: they are very close.

Law 119

Law Branding Brands Branding 119