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 132

Blogging Licensing Privacy Copyright Notice 132

Olartemoure Blog

NOVEMBER 11, 2022

This definition is specific and does not refer to other matters. The PIPL expressly excludes anonymized information from this definition. Sensitive Data is defined as the personal data that affects the privacy of the Data Subject or whose inadequate use may lead to discrimination against the Data Subject. Sensitive Data v.

Privacy 52

Privacy Law Intellectual Property Business 52

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.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

The IP Law Blog

MAY 4, 2023

The district court held that the DPLA at issue was not a contract that fell within the scope of section 1 of the Sherman Act and that even if it did, the court found that Epic could not satisfy the Rule of Reason in that it had not identified less restrictive alternatives to Apple’s business approach.

Marketing 98

Marketing Marketing Privacy Contracts 98

IP and Legal Filings

NOVEMBER 23, 2023

[iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit. Going ahead in this fast-forwarding world, publicity rights concerning sports in India will develop and can reach a high of excellent dominance like European countries.

Intellectual Property 105

Intellectual Property Privacy Brands Branding 105

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. But the present draft clearly reaches such content. [2] 3] The current chair’s draft contains a national treatment clause (article 5.2) See Love 2023. 12–Tech.

Public Domain 69

Public Domain Contracts Copyright Licensing 69

LexBlog IP

OCTOBER 1, 2021

For the first time, Illinois will have statutory requirements for mandatory review periods, definitions of adequate consideration and legitimate business interests, as well as specific salary minimums for employees subject to restrictive covenants. Contract lawyers know that to be enforceable a promise must be supported by consideration.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

Technology & Marketing Law Blog

FEBRUARY 14, 2024

The Florida legislature (bless their hearts) amended the statute in 2023 (after Lindsey’s rental) to broaden the definition of a livery. Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S.

Contracts 98

Contracts Advertising Advertising Privacy 98

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage.

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

AUGUST 29, 2022

We are still developing our travel plans (not as much fun in the COVID era), but we will definitely take advantage of our freedom!]. I posted a chapter from the book: Online Contracts. Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Other Articles and Advocacy. 18, 2022.

Social Media 98

Social Media Editing Blogging Advertising 98

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

.” Clearly, the second part of that definition targets Amazon and other major marketplaces, such as eBay, Walmart Marketplace, and Etsy. The first part of the definition includes services with “publicly interactive features that allow for arranging the sale or purchase of goods.” Who Cares About Privacy?

Trademark 144

Trademark False Advertising Advertising Advertising 144

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had.

Social Media 98

Social Media Contracts Ownership Business 98

The IP Law Blog

JANUARY 12, 2023

In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data. 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

Technology & Marketing Law Blog

AUGUST 5, 2022

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. Still, the court acknowledges that its resolution while definitive is only as between the two parties (i.e., it still depends on whether “Ms.

Social Media 119

Social Media Ownership Business Brands 119

43(B)log

JUNE 26, 2023

In Virginia, insurance contracts are interpreted according to general principles of contract law; any ambiguity is construed against the insurer. “In Oral or written publication, in any manner, of material that violates a person’s right of privacy; f. The Virginia ROP “protects both a property interest and a right to privacy.”

Advertising 56

Advertising Advertising False Advertising Intellectual Property 56

IP and Legal Filings

AUGUST 19, 2022

Every Indian citizen has the fundamental right to liberty and the right to privacy thanks to the protections provided by Article 21 of the Indian Constitution. The Indian Contract Act may be invoked by including a separate clause in the contract for database confidentiality.

Copyright 52

Copyright Database Right Privacy Technology 52

43(B)log

AUGUST 4, 2023

Maybe it’s a sense of breach of contract, but the book describes more tolerance for reuse. Also intersects a great deal w/contracts. Pro photographers agree to onerous contracts from longstanding clients in order to retain them. One lesson: Threats to privacy are threats to communities and practices that sustain creativity.

Public Domain 52

Public Domain Contracts IP Privacy 52

IP and Legal Filings

NOVEMBER 9, 2022

But needless to say, the Metaverse brings into picture several aspects of the law such as Copyright law , Contract law, Tort law and Criminal law. Contract Law . Section 2(h) of the Indian Contract Act,1872 defines ‘Contract’ as “An agreement enforceable by law”. Defamation Law .

Contracts 52

Contracts Law Technology Privacy 52

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 143

IP Intellectual Property Copyright Trademark 143

The IPKat

DECEMBER 13, 2022

The court’s decision was hinged on the fact that the applicant had misrepresented to the respondent that there was a name change when in fact, the company with whom the respondent had earlier contracted was liquidated. The court also considered that in general and practical terms, the university was not a profit-making enterprise.

Copyright 122

Copyright IP Music Ownership 122

LexBlog IP

AUGUST 11, 2021

In support of its trade secret misappropriation claims under both the Defend Trade Secrets Act (“DTSA”) and California Uniform Trade Secrets Act (“CUTSA”), the law firm identified the trade secrets as “contracts, document templates, and other work-product, as well as [the law firm’s] client list and database.”

Confidentiality 52

Confidentiality Contracts Business Litigation 52

Technology & Marketing Law Blog

DECEMBER 2, 2023

Noshirvan’s videos forced Garramone to terminate contracts with surgeons who worried about reputational harm. As you may recall, a South Korean woman didn’t pick up her dog poop on a public train–definitely a social faux pas, and perhaps a crime. Patients canceled scheduled procedures.

Editing 96

Editing Publishing Reporting Contracts 96

IP and Legal Filings

MAY 29, 2022

DEFINITIONS UNDER VARIOUS ACTS. (1) Contract Law- the supply regarding restraint of commerce in Section 27 of the Indian Contract Act makes this clear. If this contract is desecrated, hefty penalties area unit bound to be charged to the vitiator. 1) In Burlington Home looking Pvt. vs chemical action Equipments P.

Contracts 52

Contracts Confidentiality Copyright Law Law 52

LexBlog IP

MAY 4, 2023

The district court held that the DPLA at issue was not a contract that fell within the scope of section 1 of the Sherman Act and that even if it did, the court found that Epic could not satisfy the Rule of Reason in that it had not identified less restrictive alternatives to Apple’s business approach.

Marketing 52

Marketing Marketing Privacy Contracts 52

LexBlog IP

MARCH 15, 2022

In particular, defendants argued that because Belle Cosmetics made the information available to thousands of network salespeople on Facebook, “the world’s largest social media website,” that information was by definition non-confidential, and could not be a trade secret.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

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 116

Social Media Law Blogging Privacy 116

LexBlog IP

JANUARY 12, 2023

In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data. 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

Traverse Legal Blog

MARCH 6, 2024

This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well. Some influencers have contracted away their rights to their likeness for AI simulation, possibly in exchange for lucrative deals. The allure of AI personas is undeniable.

Cease and Desist 52

Cease and Desist Licensing Brands Branding 52

43(B)log

JUNE 6, 2023

This also required reversal of the NYGBL §349 false advertising claim and tortious interference with business relations claim, though the tortious interference with contractual relations claim still failed for want of specific allegations of interfered-with contracts. So too with “malicious.” So too with “malicious.”

False Advertising 59

False Advertising Advertising Advertising Business 59

LexBlog IP

MARCH 6, 2024

This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well. Some influencers have contracted away their rights to their likeness for AI simulation, possibly in exchange for lucrative deals. The allure of AI personas is undeniable.

Cease and Desist 52

Cease and Desist Licensing Technology Brands 52

43(B)log

AUGUST 9, 2024

But deeply troubled by algorithmic fair use cases that allowed lots of exploitation—iParadigms (plagiarism detection) and Perfect 10 (exposing women to public view when they contracted for more restricted nudity). Codifying this definition is risky. Antitrust has a thicker definition. What about Congress? This is wrong.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

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 102

Social Media Publishing Design Designs 102

IPilogue

JUNE 1, 2022

Prior to the Covid-19 pandemic, academic discussions indicated that artificial intelligence (AI) would signify the fourth industrial revolution with tangible economic benefits and potential privacy concerns. Nowadays, privacy concerns exceed personal information protection. . No specific definition or limit on electronic monitoring.

Privacy 104

Privacy Social Media Ownership Business 104

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy. What’s Required.

Privacy 145

Privacy Design Designs Business 145

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.

Non-Fungible Tokens 105

Non-Fungible Tokens Advertising Advertising Intellectual Property 105

Technology & Marketing Law Blog

MARCH 1, 2025

define the -wrap terminology but use different definitions than the Ninth Circuit articulated in the Nguyen case. The latest Ninth Circuit definitions: I’ve updated my standard Internet Law slides to reflect these new definitions. Compared to the definitions from Nguyen or the Second Circuit’s Meyer v.

Contracts 52

Contracts Privacy Design Designs 52

The IPKat

AUGUST 29, 2021

Upon that, The IPKat is delighted to host the following guest post co-authored by Anja Geller (PhD candidate at Ludwig-Maximilians-Universität and Junior Research Fellow at the Max Planck Institute for Innovation and Competition) and Zihao Li (PhD candidate at CREATe, University of Glasgow, on privacy and data protection in the Chinese Civil Code).

Law 97

Law Art Privacy Government 97