Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 81

Social Media Ownership Designs Design 81

Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy. ” OK boomer.

Privacy 92

Privacy Contracts Marketing Marketing 92

Technology & Marketing Law Blog

NOVEMBER 11, 2023

I see potential legitimate trademark defenses for the design. Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front. I don’t understand the shirt’s message, but it clearly has a message unrelated to Car-Freshner’s trademark rights.

Trademark 94

Trademark Contracts Blogging Fair Use 94

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. 6] Stuart D.

IP 52

IP Artwork Contracts Intellectual Property 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). “plaintiffs’ computer fraud and privacy claims are based on Apple’s reproduction of an app, Toast Plus, intended for public consumption, via the App Store. ” Oops.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

Technology & Marketing Law Blog

AUGUST 29, 2022

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. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Comments on CA AB 2273, The Age-Appropriate Design Code Act). NetChoice LLC v.

Editing 90

Editing Social Media Blogging Advertising 90

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. 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. .'” Publisher/Speaker Claim.

Contracts 75

Contracts Advertising Advertising Privacy 75

Technology & Marketing Law Blog

MAY 2, 2022

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. With that said, the Ninth Circuit did some serious hand-waving on the privacy issues.

Cease and Desist 112

Cease and Desist Contracts Privacy Business 112

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.

Blogging 119

Blogging Law Contracts Cease and Desist 119

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. Spartz, Inc.

Social Media 82

Social Media Contracts Ownership Business 82

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.

Publishing 96

Publishing Government Contracts Law 96

Intepat

JUNE 15, 2023

However, this flourishing industry brings forth a multitude of legal challenges, encompassing privacy concerns and intellectual property protection. Copyright for these packages cannot be assigned to the app developer and the software thus developed should also operate within the terms of the license for their use.

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

TorrentFreak

JULY 23, 2023

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

Privacy 139

Privacy IP Technology Reporting 139

Technology & Marketing Law Blog

MARCH 5, 2024

These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the marketing agent’s possible secondary liability exposure for the vendors’ activities.

Artwork 99

Artwork Trademark Publishing Marketing 99

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.

Contracts 80

Contracts Blogging Advertising Advertising 80

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.

Privacy 139

Privacy Designs Design Business 139

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

LexBlog IP

JULY 31, 2023

Ideally, specialized business courts also promote consistent interpretations of commercial laws and contracts, thereby leading to more predictable outcomes. If a contract between parties to a Business Court case contains a venue provision, the jury trial will be held in the county designated by the contract.

Business 52

Business Contracts Government Law 52

JIPEL Copyright Blog

MARCH 9, 2022

For instance, AR could be designed to allow a visitor to access additional information about a particular piece of work, while VR could enable individuals who are unable to physically visit a museum to peruse its collections from the comfort of their own homes, at their own pace.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

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.

Intellectual Property 114

Intellectual Property IP Registration Copyright 114

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

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. A model release form is basically a short-form contract between the artist (or other hiring parties) and the model. That’s understandable since the answer can vary from state to state! ENTIRE AGREEMENT.

Publishing 85

Publishing Art Contracts Artwork 85

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.

Copyright 95

Copyright Music Intellectual Property Marketing 95

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. ” What does the court want to see in the “to” field…? ” * Doe v.

Contracts 73

Contracts Law Reporting Blogging 73

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

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.” The fact that Snap pays users to license their content is irrelevant to Section 230). ” Connection.

Social Media 71

Social Media Publishing Designs Design 71

43(B)log

AUGUST 4, 2023

21 million in Louisiana to “harden” schools, half a billion in Texas; schools designed with curving walls to decrease damage done by active shooters; bulletproof backpacks. You see ratesetting and other key license provisions. Super-narrow © license. installation of Shot Spotter all over. $21 stair climing wheelchairs.

Copyright 52

Copyright Fair Use Marketing Marketing 52

LexBlog IP

SEPTEMBER 29, 2021

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. The recent decision in Bladeroom demonstrates what can happen when the drafter of an NDA tries to have it both ways. Ninth Circuit’s Decision in Bladeroom.

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52

43(B)log

FEBRUARY 24, 2021

Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service. Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing. Designed in US” can also work. This can include use of flags, eagles.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

JANUARY 10, 2024

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. Ohio AG Yost claims the law is about contracts, not censorship, i.e., the law helps parents supervise the contracts their kids enter into. Kuklinski v.

Social Media 86

Social Media Law Contracts Designs 86

LexBlog IP

JUNE 7, 2023

Where there is a single provider of the database containing content to be used for training (such as Getty Images), the developer of a generative AI system could seek to negotiate a license; in instances where the content is owned by hundreds (or more) of different copyright holders, this quickly becomes impracticable (and likely cost-prohibitive).

Licensing 52

Licensing Copyright Notice Copyright Privacy 52

The IPKat

JANUARY 21, 2022

The book covers the rights of performers, particularly the rights conferred under Part II of the Copyright, Designs and Patents Act 1988 (as amended). In addition, the book contains chapters on related rights such as moral rights, civil and criminal proceedings, contracts and other forms of protection.

Moral Rights 126

Moral Rights Contracts Editing Related Rights 126

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

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

APRIL 27, 2024

The court also says the disclosure was sufficiently conspicuous: Directly beneath the operative Play button is the following: “By tapping ‘Play’ I agree to the Terms of Service” or “By tapping ‘Play’ I accept the Terms of Use and acknowledge the Privacy Policy,” depending on the app’s version. Obviously, Warner Bros. could have done better.

False Advertising 84

False Advertising Government Privacy Designs 84