IP and Legal Filings

OCTOBER 14, 2022

Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. Meaning Of An E-Contract. E-contracts are agreements made electronically instead of physical meetings between the parties involved in the transaction. Image Source: Shutterstock].

Contracts 52

Contracts Business Technology Law 52

IP Tech Blog

FEBRUARY 22, 2022

Subscription-based contracts are common. The CMA is particularly concerned about contracts that auto-renew onto a subsequent contract of one year or more, where the CMA considers that consumers especially require protection to prevent them from being locked into an unwanted contract.

Law 62

Law Contracts Business Marketing 62

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. The law related to web scraping is far too nuanced to make such a declarative statement. If you said or implied that the CFAA is the only law that governs web scraping. Don’t worry! You’re not alone.

Blogging 118

Blogging Law Contracts Cease and Desist 118

LexBlog IP

AUGUST 18, 2021

Whether it’s a seasoned designer coming with plug-and-play experience or a fresh face just out of design school, sometimes it just doesn’t work out. Recently, several of my designer clients have had to fire an employee due to the employee’s misconduct. Review the contract. Reconcile and pay. reportAd: {.

Advertising 86

Advertising Advertising Art Law 86

LexBlog IP

FEBRUARY 22, 2022

Subscription-based contracts are common. They can become so-called ‘subscription-traps’ The CMA is particularly concerned about contracts that auto-renew onto a subsequent contract of one year or more, where the CMA considers that consumers especially require protection to prevent them from being locked into an unwanted contract.

Law 52

Law Contracts Business Marketing 52

The IPKat

APRIL 22, 2024

Trier, Germany The Katfriends at the Academy of European Law (ERA) in beautiful Trier (Germany) are always busy organizing and running IP courses. It's also a great opportunity to meet people from all over Europe!" IPKat readers can claim a 25% discount by using the discount code IPKATsc2024 when registering online via the ERA website.

Intellectual Property Law 60

Intellectual Property Law Intellectual Property IP Litigation 60

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 87

Litigation Contracts Advertising Advertising 87

Technology & Marketing Law Blog

NOVEMBER 11, 2023

I see potential legitimate trademark defenses for the design. Second, and more importantly, because the trademark law consequences of getting it wrong are so severe that few services would choose to roll the dice. Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front.

Trademark 93

Trademark Contracts Blogging Fair Use 93

Technology & Marketing Law Blog

JULY 19, 2023

In my Internet Law courses, my Gen Z students intuitively understand that contrasting blue text in a call-to-action is a hyperlink, even without underlining. The cumulative effect of these textual and organizational design choices is to de-emphasize references to the Terms and Privacy Policy, rendering them inconspicuous.

Privacy 91

Privacy Contracts Marketing Marketing 91

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

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. Then, due to some personal circumstances [FN], I moved my Internet Law course from Fall to Spring this academic year, so I’m not teaching this Fall either. 2022 Edition of Internet Law: Cases and Materials.

Editing 90

Editing Social Media Blogging Advertising 90

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. If a 3 -step test is included, it could be designed to expand the flexibility, not shrink it. But the present draft clearly reaches such content. [2]

Public Domain 61

Public Domain Contracts Copyright Licensing 61

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. It also sidesteps the dispute regarding whether hiQ is still in business. Can LinkedIn enjoin hiQ’s scraping on non-CFAA grounds?

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

Technology & Marketing Law Blog

FEBRUARY 14, 2024

A rare case analyzing Section 230’s intersection with admiralty law. MySpace case from 2008 and its progeny (assuming the Doe case is still good law in the Fifth Circuit, which isn’t guaranteed ). It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design.

Contracts 74

Contracts Advertising Advertising Privacy 74

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 113

False Advertising Privacy Publishing Advertising 113

Technology & Marketing Law Blog

MARCH 10, 2022

Unfair Competition : The same allegations support a claim for unfair competition under Maryland law. Conversion and Detinue : Courts have been reluctant to extend conversion claims under Maryland law to pure intangibles. The court says plaintiffs adequately allege likelihood of confusion and also satisfy standing under Lexmark.

Social Media 81

Social Media Contracts Ownership Business 81

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. I thank the court for this opportunity to testify. Section 230.

Publishing 96

Publishing Government Contracts Law 96

IP and Legal Filings

MAY 29, 2022

Trade secrets uphold the secrecy of integral information of an enterprise relating to its strategies, programs, designs, patterns, or more. In this blog, you will learn about various provisions of the law which help in protecting trade secrets as well as the remedies available in case of misappropriation and infringement of same.

Contracts 52

Contracts Confidentiality Copyright Law Law 52

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.

IP 52

IP Artwork Contracts Intellectual Property 52

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. We blogged this case twice before.

Social Media 100

Social Media Ownership Branding Brands 100

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 blows my mind is that the court treats this as a first-principles question of common law.

Contracts 73

Contracts Law Reporting Blogging 73

43(B)log

FEBRUARY 18, 2022

Goodman: Startup Law clinic: incorporation, TM, contract formation. Tech Law clinic: makes sure you don’t fall off a cliff. FDA, HIPAA, privacy, patents, FAA drone rules, etc. Designed to make students feel that they have access to attorneys, separate from university. Gets you in and gets you started.

IP 60

IP Contracts Business Privacy 60

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. A: we need to help the common law grow and not die.

Privacy 57

Privacy Inventor IP Government 57

Trading Secrets

JUNE 28, 2022

Following recent decision from the Supreme Court and appellate courts that seemingly narrow the scope of civil liability under the CFAA, the DOJ’s new policy may likewise limit criminal prosecutions under the law.

Confidentiality 59

Confidentiality Privacy Contracts Blogging 59

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

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. Or loudly enough.

Contracts 80

Contracts Blogging Advertising Advertising 80

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 137

Privacy IP Technology Reporting 137

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service.

Advertising 40

Advertising Advertising Law Privacy 40

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. In other words, the law will produce outcomes that are directly opposite to what we want from Congress. What’s Regulated?

Trademark 138

Trademark False Advertising Advertising Advertising 138

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 98

Artwork Trademark Publishing Marketing 98

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

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. However, if the terms in the model release form are too vague and cannot be used to resolve the issue, then the court will fall back on the default laws, which tend to favor the model over the artist. .

Publishing 85

Publishing Art Contracts Artwork 85

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 57

False Advertising Advertising Advertising Business 57

Intepat

JUNE 15, 2023

However, this flourishing industry brings forth a multitude of legal challenges, encompassing privacy concerns and intellectual property protection. It thus becomes crucial for them to safeguard their creations through effective intellectual property laws. What is copyright protection? Who owns the copyright?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

LexBlog IP

JULY 31, 2023

The purpose is to create an efficient, specialized court for complex, high-value commercial disputes needing timely resolutions—matters that could otherwise languish in overworked district courts with broad dockets that include, among other things, criminal, personal injury, and family law cases. Cases exceeding $10 million.

Business 52

Business Contracts Government Law 52

JIPEL Copyright Blog

NOVEMBER 16, 2021

Trade secret law is credited with fostering innovation in the market and allowing entities to include a vast array of intellectual property rights under its umbrella. Also, there must be recourse to address any privacy concerns of data subjects. Knowledge is power. And algorithmic accountability can come from transparency.

Contracts 45

Contracts Intellectual Property Technology Privacy 45

LexBlog IP

AUGUST 27, 2021

Control can stem from law (e.g. where national law designates local authorities with the power to administer social welfare payments) but will more commonly be based on the organisation’s actual activities and functions in a specific situation. privacy notice, security standards, external audits etc.)

Contracts 52

Contracts Due Diligence Blogging Publishing 52