IP Tech Blog

MARCH 8, 2024

On September 18, 2023, NetChoice, LLC — a national trade association with members from the tech and social media industry — obtained a preliminary injunction from the District Court for the Northern District of California preventing the State of California from enforcing the California Age-Appropriate Design Code Act (“AADC” or the “Act”).

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Designs Design Social Media Privacy 57

Technology & Marketing Law Blog

AUGUST 8, 2022

The delegation of additional work onto the California Privacy Protection Agency (CPPA) contradicts the voters’ clear instructions. Furthermore, voters directed the CPPA to focus on privacy matters, but the bill would task the CPPA with non-privacy matters. The CPPA cannot meet the voter-directed schedule.

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Designs Design Privacy Blogging 95

LexBlog IP

JULY 13, 2021

The world of competitive video gaming implicates a complicated patchwork of privacy laws, and esports companies need to keep in mind some key issues when assessing privacy and cybersecurity obligations. There are many different laws that impact the ability to collect information. Collecting information. Using information.

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Privacy Publishing Social Media Law 59

Technology & Marketing Law Blog

SEPTEMBER 7, 2022

Can the existing UK Age-Appropriate Design Code tell us anything about what AB 2273 might look like in practice? This means any “lessons learned” in the UK do not extend to the US because the law literally cannot be implemented in the same way. Trying to evade California law is also short-term thinking. I doubt it.

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Designs Design Privacy Business 95

Biswajit Sarkar Copyright Blog

SEPTEMBER 18, 2023

A design is that aspect of a product that constitutes its ornamental or visual features. An Industrial Design (ID) may be deemed as a process of designing a product that focuses on the functionality and manufacturability of the product apart from just the appearance of it. HOW IS AI RESTRUCTURING THE INDUSTRIAL DESIGN MARKET?

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Designs Design Intellectual Property Law Artistic Work 52

LexBlog IP

JULY 15, 2021

While smart toys can certainly be useful educational tools for children, they also present some potential privacy risks and could invade what is traditionally a private space. designed with machine learning to assist children in educational learning by moving and performing tasks). So how do we balance these risks with the benefits?

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Privacy Marketing Marketing Designs 52

IP Tech Blog

FEBRUARY 22, 2022

However, The Competition and Markets Authority ( CMA ), the UK regulator responsible for the enforcement of consumer protection legislation, has taken an interest in this area because these clauses and surrounding practices can be problematic from a consumer law perspective if they are not drafted well or conducted properly.

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Law Contracts Business Marketing 62

The IPKat

NOVEMBER 9, 2021

A few days ago, Fashion Law London held another (online) event – this time focussed on the role of online retail marketplaces. Goods placed on the market in the EU are deemed to have exhausted trade mark rights for the purposes of the UK, but not the other way round. Its reach is wider than that; and that’s not a bad thing.

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Reporting Law Due Diligence Branding 126

Technology & Marketing Law Blog

AUGUST 10, 2022

Monday, I covered AB 2273, the Age-Appropriate Design Code. Yesterday, I covered AB587, an editorial transparency law. Age and identity authentication have numerous downsides and tradeoffs, including creating privacy and security risks for minors.

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Social Media Blogging Privacy Government 121

Technology & Marketing Law Blog

FEBRUARY 1, 2024

In my Internet Law course, I still teach the Pharmatrak case from 2003, where an analytics service provider used a pixel and other tracking technology. Common Law Trespass to Chattels Per Hamidi, common law trespass to chattels plaintiffs must show a measurable loss to computer system resources.

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Law Litigation Technology Blogging 105

Technology & Marketing Law Blog

AUGUST 22, 2022

One especially problematic bill is AB 2273, the California Age Appropriate Design Code Act (AADC). AB 2273 claims to protect kids’ privacy, but instead it counterproductively puts children’s sensitive data at greater privacy and security risks. The AADC requires businesses to adopt protective practices for children.

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Privacy Business Blogging Publishing 129

Kluwer Copyright Blog

AUGUST 12, 2024

In Europe, the role of IP in promoting and transitioning towards more sustainable markets, models, and practices is gaining momentum. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

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IP Intellectual Property Intellectual Property Law Journalism 69

Technology & Marketing Law Blog

MAY 17, 2024

by guest blogger Guy Rub , The Ohio State University Moritz College of Law A Web Scraper Beats a Platform: The Same Story, but Different It seems like we’ve been here before, and not that long ago. It lost for two reasons: one grounded in contract law and the other external. Can a breach of contract claim be equivalent to copyright?

Blogging 127

Blogging Contracts Fair Use Copyright Law 127

LexBlog IP

SEPTEMBER 14, 2021

In our latest Privacy and Security Roundup , we cover the Senate-passed bill that includes nearly $2 billion in national cybersecurity funding, recent sanctions by the SEC on investment advisors and broker-dealers, a new initiative that aims to improve defense planning and information sharing between the public and private sectors, and more.

Privacy 52

Privacy Cease and Desist Government Reporting 52

Technology & Marketing Law Blog

JULY 8, 2022

Doe’s negligent design claim similarly aims to hold Snap liable for communications exchanged between Doe and Guess-Mazock. I know there are many people who support that outcome; indeed, that’s the inevitable effect of California’s proposed Age-Appropriate Design Code. This claim is also barred by Section 230.

Social Media 105

Social Media Designs Design Privacy 105

Traverse Legal Blog

SEPTEMBER 15, 2023

Introduction Uptik in Threat Letters & Legal Actions: A Wake-Up Call for Companies Using Meta Pixel In recent years, the digital landscape has become a battleground for privacy rights, with Meta Pixel at the epicenter of numerous legal disputes. alleges violations of the Electronic Communications Privacy Act among other claims.

Cease and Desist 52

Cease and Desist Privacy Litigation Technology 52

LexBlog IP

FEBRUARY 22, 2022

However, The Competition and Markets Authority ( CMA ), the UK regulator responsible for the enforcement of consumer protection legislation, has taken an interest in this area because these clauses and surrounding practices can be problematic from a consumer law perspective if they are not drafted well or conducted properly.

Law 52

Law Contracts Business Marketing 52

Kluwer Copyright Blog

MAY 1, 2024

The Berne Convention underscores the national treatment of foreign authors, allowing Union states to protect designs through various means. The Dutch Supreme Court seeks clarity on whether EU law mandates copyright limitation through reciprocity, especially concerning non-EU right holders. Any limitation must be clearly defined by law.

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Copyright Art Designs Design 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 119

Blogging Law Contracts Cease and Desist 119

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

LexBlog IP

SEPTEMBER 15, 2023

Introduction Uptik in Threat Letters & Legal Actions: A Wake-Up Call for Companies Using Meta Pixel In recent years, the digital landscape has become a battleground for privacy rights, with Meta Pixel at the epicenter of numerous legal disputes. alleges violations of the Electronic Communications Privacy Act among other claims.

Cease and Desist 52

Cease and Desist Privacy Technology Litigation 52

Olartemoure Blog

DECEMBER 14, 2023

This growing trend reflects a broader effort to closely examine and mitigate the market power held by these corporate giants. Abuse of dominant position, in the context of antitrust and competition law, refers to the improper and anti-competitive practices undertaken by a company that holds a dominant market position.

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Marketing Marketing Advertising Advertising 98

SpicyIP

OCTOBER 27, 2023

Srijaa is a 4th year law student and Yaggya is a 5th year law student at Vivekananda Institute of Professional Studies, interested in exploring the vast scope of Intellectual Property Rights. This violates copyright laws and may lead to legal actions for copyright infringement. Image by starline on Freepik. They are: 1.

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Intellectual Property False Advertising Designs Design 52

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.

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Editing Social Media Blogging Advertising 90

LexBlog IP

MAY 11, 2023

Interesting Patents | Rolex: A New Era in Wristwatch Design: Minimizing Frictional Wear with Innovative Fixing Device by Founders Legal Interesting Patents | Thursday, May 11, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

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Designs Design Editing Patent Application 52

IPilogue

MARCH 15, 2023

Gregory Hong is an IPilogue Writer and a 1L JD candidate at Osgoode Hall Law School. The Standard also suggested numerous domains of well-being and accompanying indicators that system designers should be concerned with. A number of interesting points to consider are included within the Standard Model Process.

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Government Designs Design Settlement 104

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.

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Privacy Contracts Marketing Marketing 92

IP and Legal Filings

AUGUST 10, 2024

It talks about the matters like employment being at stake, efficiency and transparency, worker privacy, inclusive technological adoption and collective bargaining in contemporary world. Through ongoing data gathering and monitoring, AI can potentially violate worker privacy, which can result in unfair management practices and stress.

Social Media 68

Social Media Privacy Technology Contracts 68

The IPKat

AUGUST 19, 2021

The Report accordingly recommends amending Indian patent law, to make AI-generated works and AI solutions patentable. Trade marks Lindt’s bunnies are once again in the heart of trade mark case law [earlier instances were reported here and here by The IPKat]. Foss Blog pondered privacy concerns when using Apple apps.

Blogging 60

Blogging IP Privacy Reporting 60

Kluwer Copyright Blog

OCTOBER 3, 2023

It could also undercut the commercial market for books and works already created; this is because, on demand, the Products are able not only to summarize books in detail, chapter by chapter, but also to regenerate the text of books (§ I.B.110-111). The defendants failed to register as data brokers under applicable laws of California ( here ).

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Fair Use Privacy Copyright Technology 132

IP Tech Blog

JULY 18, 2023

At the same time, we are obligated by both ethical rules and market conditions to offer reasonable rates – which in turn make the use of generative AI compelling. Other considerations for legal professionals abound, privacy being salient among them. As attorneys, we like to consider ourselves to be the smartest folks in the room.

Business 52

Business Law Social Media Reporting 52

LexBlog IP

NOVEMBER 17, 2022

This action follows the FTC’s September publication of “ Bringing Dark Patterns to Light ,” a report demonstrating companies’ increased use of design practices known as “dark patterns” to influence consumers buying behavior (the “Staff Report”). Key laws that govern dark patterns include: Section 5 of the FTC Act (15 U.S.C.§

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Privacy Reporting Advertising Advertising 52

LexBlog IP

OCTOBER 18, 2022

The Federal Trade Commission (FTC) staff is focused on one “trick” this spooky season: Designing user interfaces to trick or manipulate users into taking actions they would not otherwise approve of, or putting obstacles in place to discourage consumers from exercising certain rights. Design Elements That Induce False Beliefs.

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Reporting Privacy Designs Design 52

Olartemoure Blog

SEPTEMBER 23, 2022

09/22/22 – Data Privacy. Although these measures intend to encourage healthier consumption habits, they affect the use of intangible assets such as trademarks and traditional copyrighted characters for branding purposes, discouraging the advertising and marketing industry. 09/22/22 – Industrial Designs.

Intellectual Property 105

Intellectual Property Advertising Advertising Designs 105

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

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Social Media Ownership Branding Brands 100

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Cite to Ohio State v. Pixels.com, LLC , 2024 WL 885356 (W.D.

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Artwork Trademark Publishing Marketing 99

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. Meta appeared first on Technology & Marketing Law Blog. This ruling highlights the legal risk.

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Trademark Contracts Blogging Fair Use 94