Technology & Marketing Law Blog

APRIL 8, 2023

There are several ways of doing it, but the two primary options for quick results are (1) requiring consumers to submit government-issued documents, or (2) requiring consumers to submit to face scans that allow the algorithms to estimate the consumer’s age. Click 1 = consent to the BIPA disclosures.

Privacy 127

Privacy Law Contracts Designs 127

Technology & Marketing Law Blog

DECEMBER 28, 2022

Users sued Coinbase and its marketing agency, asserting claims under state law. The legal question is how these two documents interact with each other. That seemingly leaves the Dogecoin promotion terms as the controlling document, at least as to dispute resolution. Most recently Kieran covered International Markets v.

Marketing 93

Marketing Marketing Contracts Blogging 93

Technology & Marketing Law Blog

MARCH 14, 2024

In so doing, they reversed the district court that had previously held that cellular device users’ data allowances under their contracts with cellular service providers did not constitute “property” subject to conversion. As such, to the extent that there is a grievance here, it should be based in contract, not in property.

Blogging 88

Blogging Contracts Law Advertising 88

Technology & Marketing Law Blog

JULY 10, 2021

As I blogged last time: The plaintiff can replead the contract breach claim for failure-to-pay, but the case has lost all of its ideological implications about must-carry obligations and instead has devolved into a routine collections case (that will likely fail anyways). Alphabet appeared first on Technology & Marketing Law Blog.

Contracts 118

Contracts Blogging Litigation Marketing 118

Technology & Marketing Law Blog

AUGUST 31, 2021

It hired a freelance writer to write about the phenomenon documented by McGucken. ” Factor four : The court acknowledges that a market exists for plaintiff’s photos, but the transformative nature of defendant’s use “mutes” the degree of market substitution. He shared the photos to Instagram. Philpot is a serial litigant.

Fair Use 131

Fair Use Journalism Licensing Marketing 131

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 90

Licensing Copyright Contracts Advertising 90

LexBlog IP

MARCH 13, 2024

The Offices found: To the extent that an NFT is associated with a copyrightable work, the creation, storage, marketing, or transfer of that NFT may implicate copyright owners’ exclusive rights. We also recommend that issuers ensure that there is a valid contract by requiring some form of affirmative acceptance by the purchasers.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

The IPKat

JANUARY 31, 2023

Oxford University Innovation made points about ONI's " relatively short " delay in filing documents post-judgment, delay in payment and in seeking permission to appeal. Order which preserves certain documents as confidential after trial, notwithstanding that they have been considered by the Court. The result being that money was due.

Confidentiality 52

Confidentiality Contracts Licensing Inventor 52

Kashishipr

JUNE 29, 2022

EXCLUSIVITY – An IP asset’s value comes from its owner’s right to exclude others in the market from using it. For selling, licensing, or entering into any commercial agreement based on your IP, you require putting a value on it. Moreover, they should remain marketable in the event of bankruptcy or foreclosure.

Intellectual Property 59

Intellectual Property IP Licensing Marketing 59

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. Copyright Law and DRM.

Copying 116

Copying Social Media Licensing Technology 116

Technology & Marketing Law Blog

JANUARY 25, 2023

This raises an obvious corollary: at most, Shah has a non-exclusive license to those photos, so what are the terms of those licenses and could Shah potentially infringe the owners’ copyrights by posting them? Mendez case, which involved a group photographer documenting the group’s activities at the group’s request.

Copyright 124

Copyright Fair Use Licensing Ownership 124

IP and Legal Filings

MARCH 9, 2022

Trademarks- as the patents protect the inventions, trademarks refer to the unique symbols and phrases used by an organization helping them to distinguish from the others in a competitive market. The New York Times was not allowed legally to license the works of the journalists who were in the newspaper on a freelance basis.

Ownership 75

Ownership Copyright Trademark Contracts 75

Kluwer Copyright Blog

JANUARY 4, 2024

Google, Meta, and TikTok, based in Ireland, argued that the law contradicts Article 3 of the e-Commerce Directive , the so-called internal market clause, according to which Member States may not restrict the freedom to provide information society services from another Member State.

Copyright Law 69

Copyright Law Law Copyright Reporting 69

Fish & Richardson Trademark & Copyright Thoughts

APRIL 28, 2022

Confidentiality agreements, non-solicitation clauses, and non-competition clauses can all establish evidence of reasonable measures to preserve secrecy and create breach of contract claims for future trade secret misappropriation. Memorialize the interview by creating an internal memo documenting what was discussed.

Confidentiality 52

Confidentiality Intellectual Property Contracts Litigation 52

IIPRD

SEPTEMBER 30, 2021

The major impact that IP is making in the market is unfathomable. In one of the documents released by WIPO, it stated some of the surprising facts which reiterate the prime concern of how important the IP audit can be. Some facts were: In the US, nearly 40% of the market value of an average company is absent from its balance sheet.

IP 52

IP Licensing Intellectual Property Marketing 52

Kashishipr

APRIL 20, 2022

In simple terms, trade secrets are Intellectual Property Rights (IPRs) granted on confidential or sensitive info, which may be licensed or sold. and commercial info, including the list of clients and suppliers, distribution methods, marketing strategies, etc. There should be robust infrastructure in place for IT security.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Kluwer Copyright Blog

FEBRUARY 28, 2024

The UKIPO’s first bold attempt to deal with the input issues was its decision to reform its current text and data mining exception by opening it up to all commercial uses while maintaining its mandatory nature, namely leaving rightholders no possibility to contract out. For a full list, see here.

Copyright Law 58

Copyright Law Copyright Law Music 58

Technology & Marketing Law Blog

MARCH 10, 2022

The outer limits of the conversion claim are where some documents representing the intangibles are improperly transferred to the defendant (such as stock certificates, promissory notes, or life insurance policies). Tito & Tita appeared first on Technology & Marketing Law Blog. In contrast, in JLM Couture v.

Social Media 81

Social Media Contracts Ownership Business 81

TorrentFreak

AUGUST 21, 2021

They also allege a breach of contract in respect of the settlement agreement while demanding an injunction to restrain Tusa moving forward. The plaintiffs have also shown a need for emergency relief, with the Court finding that Tusa’s streaming platforms create financial losses to the plaintiffs and undermines their legitimate licenses.

Cease and Desist 145

Cease and Desist Settlement Copyright Infringement Copyright 145

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Before using someone else’s creation, consider how your actions will affect its market worth. Look for those that have Creative Commons licensing so they can be used commercially. Document right to use. If your customer is unable or unwilling to give you this documentation, it should be a huge warning sign.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

azrights

APRIL 22, 2021

You can safeguard your know-how, secure your contracts, or start franchising and licensing among many other things. Your IP creates a strong shield, allowing you to commercialise your business and safely participate in the market. Designers and marketers are not IP experts, so cannot fill this vacuum.

IP 52

IP Intellectual Property Branding Brands 52

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

LexBlog IP

AUGUST 14, 2023

The rule also requires the Reporting Company to report its beneficial owners and, for certain Reporting Companies, the “company applicants” who directly file, and who are primarily responsible for filing or directing or controlling the filing of, the entity’s formation documents (the “Company Applicants”).

Business 52

Business Ownership Reporting Registration 52

Herbert Smith Freehills

JUNE 28, 2023

It also helped that for a relatively nascent business and expansion in new markets there were no rule books, it was an exploratory journey for all involved. In my final years with JPMorgan we had to do a repapering exercise across many clients’ contracts. What did the global role encompass? I head a capable team of seven.

Business 52

Business Technology Contracts Licensing 52

LexBlog IP

JANUARY 7, 2022

Canada: Personal Information Protection and Electronic Documents Act (“PIPEDA”). The Personal Information Protection and Electronic Documents Act (PIPEDA) is Canada’s federal data protection law. Marketing Administrator. Data Breach Notification Obligations. State-by-state Obligations. Contractual Obligations.

Privacy 52

Privacy Intellectual Property Contracts Business 52

Technology & Marketing Law Blog

MAY 2, 2022

They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy.”. __. Case 3:17-cv-03301-EMC, Document 219. LinkedIn appeared first on Technology & Marketing Law Blog.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. It can comprise of when a trademark was applied for first, registered or used in trade, when was a design/patent first licensed or assigned and so on.

Technology 52

Technology Patent IP Invention 52

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

The court says that inference is good enough because “defendants offer declarations and documents that they say provide an electronic record of plaintiff’s click of the Blocker Card.” Bumble appeared first on Technology & Marketing Law Blog. ” Alkutkar claimed other people had access to his phone (really??)

False Advertising 127

False Advertising Marketing Marketing Advertising 127

IP and Legal Filings

NOVEMBER 30, 2022

have documentation of an IP certificate on hand. The valuation of the IP that is used as collateral must be done using the following approach: Cost approach; Market approach; Revenue approach: and/or. The IP valuation is to be done by an IP appraiser who must be licensed by the Ministry of Finance. Other valuation approaches.

IP 52

IP Intellectual Property Business Government 52

Kluwer Copyright Blog

DECEMBER 1, 2021

The main policy objective behind the consultation is “ to incentivise investment in AI development and to promote the use of AI for public benefit, whilst enabling competitive markets, consumer choice and fair access to IP-protected goods for the benefit of society ”. Option 2: extend existing exception to cover commercial research.

IP 67

IP Inventor Invention Intellectual Property 67

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Already, FDA has licensed almost 30 biosimilars, nearly 20 of which are available to patients in the United States. While 2020 saw a slowdown in FDA approvals and biosimilar product launches from previous years, market uptake of biosimilars increased—and more biosimilars are sure to come. Biosimilar Regulatory Updates.

Settlement 40

Settlement Licensing Designs Design 40

Kluwer Copyright Blog

AUGUST 18, 2021

The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. and not charging fees for re-use. 1(6) Open data directive). Stage II: The Data Governance Act.

Government 55

Government Database Right Intellectual Property Copyright 55

LexBlog IP

DECEMBER 28, 2021

While your business may be based outside of California, if you have clients in California or marketing targeting California residents or companies, you may be responsible for adhering to California data privacy regulations. Ensure data privacy measures are included in contracts. Marketing Administrator. Data Breaches.

Privacy 52

Privacy Government Intellectual Property Business 52

Kluwer Copyright Blog

AUGUST 22, 2023

contracts) may play a decisive role in the final allocation of rights and obligations. 4 CDSMD and analyzed the publicly available documents that may regulate the use of content for TDM. There also seems to be a lack of clarity about which uses are allowed under the licenses. In this fragmented landscape, self-regulation (e.g.,

Publishing 98

Publishing Art Licensing Copying 98

Technology & Marketing Law Blog

JUNE 10, 2024

[Note: The majority opinion doesn’t expressly reference Uber’s post-Kauders vulnerability, but the dissent says: “It is undisputed that as a consequence of Kauders, no enforceable contract existed between Good and Uber before the evening of April 25, 2021.” ” The TOS links were clear, in blue, and underlined.

Contracts 77

Contracts Marketing Marketing Blogging 77