Technology & Marketing Law Blog

MAY 13, 2024

But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

Technology & Marketing Law Blog

JUNE 5, 2024

In February, Meta lost on Partial Summary Judgment against Bright Data on its breach of contract claim. had its breach of contract and CFAA claims against the Center for Countering Digital Hate (“CCDH”) dismissed at the motion to dismiss stage. Here, the court muddles the various contract formation standards. No, it does not.

Blogging 68

Blogging Social Media Contracts Technology 68

Velocity of Content

MARCH 16, 2023

Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. The Defendant argues (1) that breach of contract (essentially downloading in violation of the terms and conditions) is preempted by copyright law, and (2) that the copying was fair use.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

Technology & Marketing Law Blog

JULY 14, 2023

You’d think that if that claim is your strongest/only claim, you’d go ahead and give up, but I’m not a litigator so what do I know? The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant. Google appeared first on Technology & Marketing Law Blog.

Contracts 81

Contracts Blogging Litigation Licensing 81

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content. It’s user-generated content.

Blogging 97

Blogging Contracts Intellectual Property Social Media 97

Technology & Marketing Law Blog

DECEMBER 10, 2022

2 claim, alleging that Google willfully monopolized a market. But which market? Dreamstime now says it’s complaining about the online search market; but the appeals panel concludes that Dreamstime repeatedly insisted to the lower court that it was complaining ONLY about the online search ad market. Case dismissed.

Advertising 101

Advertising Advertising Marketing Marketing 101

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

Litigation 80

Litigation Law Patent Invention 80

Traverse Legal Blog

FEBRUARY 22, 2022

These issues include drafting your short-term rental contract, local rental laws and regulations, the terms of service with the platforms such as Airbnb, VRBO and Booking.com and defamatory ratings and reviews which affect your reputation. Some cities now require you to obtain a business license or a special permit for vacation rentals.

Law 97

Law Contracts Business Litigation 97

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. Cite to IC v.

Contracts 125

Contracts Publishing Licensing Editing 125

Technology & Marketing Law Blog

OCTOBER 23, 2021

It’s a reminder that you must consider how you will introduce evidence of contract formation in addition to worrying about the contract terms and formation process. “To the extent the contract pertains to use of Peloton’s Services (e.g., ” Thus, the nonparties cannot be swept into the contract.

Contracts 118

Contracts Registration Litigation Copying 118

Technology & Marketing Law Blog

JULY 10, 2021

Represented by Maria Cristina Armenta and Credence Elizabeth Sol, best known for litigating an ultimately unsuccessful censorial “Innocence of Muslims” lawsuit against YouTube, Daniels brought a routine “YouTube-is-censorsing-me” lawsuit seeking to impose must-carry obligations on YouTube. Case citation : Daniels v.

Contracts 118

Contracts Blogging Litigation Marketing 118

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

Contracts 84

Contracts Privacy Blogging Litigation 84

Technology & Marketing Law Blog

APRIL 26, 2023

If you continue to perform the Services or access Licensed Materials (including accessing the Amazon Flex app) after the effective date of any modification to this Agreement, you agree to be bound by such modifications. We have previously observed the importance of notice in the analogous context of electronic consumer contracts.

Contracts 78

Contracts Copying Technology Licensing 78

Technology & Marketing Law Blog

FEBRUARY 28, 2024

Not that Meta has completely abandoned web-scraping litigation. They’re still litigating against Voyager Labs, an AI-surveillance company used by many police departments and law enforcement officials, and they filed aggressive new motions in that case just last week. And they care more about the latter than the former.

Blogging 64

Blogging Contracts Litigation Law 64

The IP Law Blog

MAY 4, 2023

Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. In 2010, Epic agreed with Apple to a Developer Program Licensing Agreement (DPLA) that was standard for developers to distribute apps to iOS users.

Marketing 98

Marketing Marketing Privacy Contracts 98

Technology & Marketing Law Blog

FEBRUARY 27, 2022

Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. With all that, the first battle in this litigation will be the question of where to litigate it. Breach of Contract 2. Trespass 5.

Cease and Desist 122

Cease and Desist Blogging Contracts Social Media 122

The TTABlog

JUNE 26, 2024

Frequent TTAB litigant Monster Energy lost another one at the TTAB, this time on summary judgment. entity, and, ultimately, entered into contracts for U.S. marketing strategies, U.S. The registration was blocking Monster's application to register PREDATOR for energy drinks, soft drinks, and sports drinks. created a U.S.

Designs 67

Designs Design Registration Social Media 67

Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. As the court notes in a footnote, Instagram has changed its policy since the onset of the litigation. The current terms make clear that platform API users are not automatically granted a license and must independently secure rights in any content they embed.

Licensing 116

Licensing Fair Use Blogging Copyright 116

Kashishipr

FEBRUARY 2, 2022

The ultimate success of brands and businesses in the modern world largely depends on the groundbreaking innovation that sets them apart from the rising competition in the market. Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share.

Branding 98

Branding Brands Branding Business 98

Technology & Marketing Law Blog

DECEMBER 6, 2022

In spring 2021, hiQ Labs had its motion to dismiss denied on LinkedIn’s misappropriation, breach of contract, and trespass to chattels claims. Breach of Contract. Additionally, hiQ raised four affirmative defenses to the breach of contract claim: 1) unclean hands, 2) waiver, 3) estoppel, and 4) unconscionability. The opinion.

Blogging 78

Blogging Contracts Litigation Law 78

Technology & Marketing Law Blog

AUGUST 31, 2021

” 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. Philpot is a serial litigant. Related posts : Blogger Loses Copyright Ruling Over Photo…But No Mention of the CC-BY-SA License!–Von

Fair Use 131

Fair Use Journalism Licensing Marketing 131

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. And most website-scraper interactions don’t fit within those scraper-litigation patterns. Just ask BrandTotal.

Blogging 118

Blogging Law Contracts Cease and Desist 118

The IPKat

DECEMBER 13, 2023

As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU).

Related Rights 78

Related Rights Publishing Licensing Contracts 78

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer.

Blogging 84

Blogging Copyright Fair Use Copyright Infringement 84

Patently-O

JULY 7, 2022

Parties that participate in these standards development organizations (SDOs) generally agree to license patents that are essential to the implementation of those standards (standards-essential patents or SEPs) to manufacturers of standardized products on terms that are fair, reasonable and nondiscriminatory (FRAND). The Litigation.

Licensing 87

Licensing Contracts Patent Law 87

The IP Law Blog

MAY 27, 2021

In 2013, Constellation acquired perpetual, irrevocable, and exclusive license rights in the Corona marks, which gave Constellation the right to sell products under the Corona trademark. Constellation disagrees with Modelo’s position that hard seltzers are not allowed under its license. Modelo sued Constellation in the U.S.

Licensing 103

Licensing Branding Brands Branding 103

Technology & Marketing Law Blog

JANUARY 25, 2023

Implications This is surely not the last word on the subject because Shah litigated pro se. For a more convincing ruling, we need to see how a well-trained copyright litigator navigates this legal issue. NYP appeared first on Technology & Marketing Law Blog. Still, its implications are wide-ranging. The complaint.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager tried a variety of contract-based workarounds to Section 230. Going beyond the contracts, Prager looks to various “promises” it alleges that defendants made through public-facing comments. Indeed, the whole “but the algorithms” attack on Section 230 has always been nonsensical.

Contracts 137

Contracts Publishing Law Government 137

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. By guest blogger Kieran McCarthy.

Blogging 102

Blogging Contracts Law Privacy 102

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service.

Contracts 93

Contracts Social Media Advertising Advertising 93

Technology & Marketing Law Blog

JUNE 9, 2022

These questions are being addressed (in mostly unsatisfactory ways) in litigation involving hiQ and BrandTotal. Penal Code § 502); (5) intentional interference with Meta’s contracts with its users; and (6) violation of the “unlawful,” “unfair,” and “fraudulent” prongs of the UCL. The parties have vigorously litigated this case.

Contracts 105

Contracts Privacy Social Media Advertising 105

Technology & Marketing Law Blog

MARCH 23, 2022

By the time Plaintiffs were alerted to this information, any information derived from their counsel’s use of the website had already been publicly filed and had become part of the litigation. Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post)”. appeared first on Technology & Marketing Law Blog.

Privacy 101

Privacy Contracts Personality Rights Litigation 101

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? We need to know more about this license. WhenU concluded that trademarks was a dead-end. ” Wait, what? Trespass to Chattels.

Licensing 90

Licensing Copyright Contracts Advertising 90

IP and Legal Filings

OCTOBER 31, 2022

The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Contracting Parties are free to choose the means of communication with their offices (including communications in electronic form or by electronic means of transmittal). Image Source: IStock].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

Velocity of Content

MAY 24, 2022

In recent months, for example, Pandora has been sued by comedians (or their estates, in some cases) over licensing issues. In the history of copyright, however, this is not the first time that new media technologies has led to novel disputes about licensing. Two good ones from only 20 years ago come right to mind: New York Times Co.

Music 105

Music Publishing Licensing Copyright 105