Technology & Marketing Law Blog

JANUARY 22, 2023

She signed a license with QuickFrame to use her likeness only on Instagram. The court says: “New York courts have long construed Sections 50 and 51 to provide a statutory right to privacy , not property… New York does not recognize the common law right of publicity. Patty Ratermann is a model.

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Privacy Intellectual Property IP Intellectual Property Law 111

IPilogue

JANUARY 31, 2022

In addition to producing original content, TVO partners with co-producers and licenses the rights to programs created by independent third parties. Privacy and Access to Information Requests. TVO is currently in the process of updating its privacy policies and procedures. Drafting Agreements. Workplace Dynamic.

IP 105

IP Privacy Intellectual Property Law Television 105

Kluwer Copyright Blog

JULY 24, 2024

Yet especially in the business-to-consumer or “B2C” context, these ToS have often been reviled as largely unread, not understood, and creating an abusive relationship of imbalance of power in monopolistic or oligopolistic markets. Is it a proper copyright ownership or an assigned license? user, service)?

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Copyright Ownership Social Media Licensing 131

Technology & Marketing Law Blog

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. Those options lower access barriers for users to create accounts, so they are often compelling to the marketing team. CMG appeared first on Technology & Marketing Law Blog.

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Privacy Litigation Marketing Marketing 115

LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front.

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Privacy Government Intellectual Property Business 52

Velocity of Content

NOVEMBER 4, 2024

Externally, businesses are deploying AI-powered chatbots for customer service, using AI to personalize marketing campaigns, and even developing AI-assisted product design. Let’s explore why responsible AI use starts with proper licensing and implications for businesses like yours when navigating these waters.

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Licensing Copyright Business Reporting 52

IP Watchdog

OCTOBER 29, 2021

This week in Other Barks & Bites: the Federal Circuit issues a partial remand asking the Trademark Trial and Appeal Board (TTAB) to analyze the distinctiveness of the “BROOKLYN BREW SHOP” trademark; the Copyright Royalty Board finalizes its ratemaking determination for statutory licenses on digital performances of sound recordings; China’s IP (..)

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Copyright Law Privacy IP 98

Technology & Marketing Law Blog

JULY 9, 2024

” The invasion of privacy claim fails “because Facebook’s data policy gives clear notice that third party partners may share data with Facebook, Lloyd did not have a reasonable expectation of privacy in this information.” Facebook appeared first on Technology & Marketing Law Blog. Case Citation : Lloyd v.

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Contracts Privacy Blogging Publishing 98

SpicyIP

AUGUST 2, 2024

Currently, Bhaker is managed by iOS Sports & Entertainment, who released a statement calling such unauthorized advertising as “moment marketing free of cost,” and issued a legal notice to the above brands to take such commercials down, contending that such advertisements violated their ownership of Bhaker’s personality rights.

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Technology & Marketing Law Blog

SEPTEMBER 9, 2022

“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. Apple appeared first on Technology & Marketing Law Blog. ” Publisher/Speaker Claims. ” Cite to Opperman v. ” Oops. Apple, Inc.

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False Advertising Privacy Publishing Advertising 143

TorrentFreak

JULY 27, 2022

VPN services are a useful tool to protect internet users’ online privacy. “To combat this problem, we can now accurately detect users accessing streaming services using hijacked residential IP addresses to help uphold the territorial licensing models our customers depend on,” GeoComply’s James Clark says.

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IP Privacy Advertising Advertising 144

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.

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Marketing Marketing Privacy Contracts 98

TorrentFreak

AUGUST 31, 2023

IIPA aims to improve copyright protection and enforcement in overseas markets with high levels of piracy. The IIPA’s submission begins by painting a picture of creativity and productivity in the United States versus an “entrenchment of infringing services” in foreign markets.

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Government Marketing Marketing Registration 121

Technology & Marketing Law Blog

SEPTEMBER 7, 2022

That could include things like driver’s licenses or other government-issued documents that contain substantial additional sensitive personal information beyond the person’s age. That creates a different, but not less problematic, vector for privacy and security violations.

Design 111

Design Designs Privacy Business 111

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

MAY 17, 2024

While this conflict might seem minor (X’s users, after all, are not in the business of granting scraping licenses), the next one was not: Fair use. This slightly opens the door for other platforms to claim that their ToS protect different interests, such as users’ privacy. The post X Corp.

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Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

OCTOBER 29, 2021

Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook Biometric Information Privacy Litigation. 2H 2015 Quick Links, Part 7 (Marketing, Advertising, E-Commerce). Amazon appeared first on Technology & Marketing Law Blog. Modified Clickwrap” Upheld In Court–Moule v. TransUnion. Is That Surprising?–Long

Contracts 105

Contracts Privacy Blogging Litigation 105

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). 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. Books and Academic Articles. NetChoice LLC v.

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Editing Social Media Blogging Advertising 98

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. at 1289 (Gorsuch, concurring) (emphasis added). at 1290 (Gorsuch, J.,

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Fair Use Licensing Art Music 105

Technology & Marketing Law Blog

MARCH 23, 2022

Related posts : “ Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. appeared first on Technology & Marketing Law Blog. Case Citation: Callahan v. PeopleConnect, Inc. , 21-16040 (9th Cir. March 18, 2022). Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post)”.

Privacy 116

Privacy Contracts Personality Rights Litigation 116

Technology & Marketing Law Blog

JUNE 20, 2024

The court says “Plaintiffs’ express assent to 1 Hotel’s use of the photograph therefore created an implied license to use the Photograph on Defendant’s “social channels.”” If the consent was legally effective, then it created an express license, not an implied one. ” This is confused. Case Citation : Khachatryan v.

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Social Media Copyright Licensing Advertising 105

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.

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Privacy Contracts Marketing Marketing 98

Copyright Lately

AUGUST 14, 2023

Kat Von D’s Motion In its previous ruling on the parties’ motions for summary judgment , the court found triable issues of fact with respect to both the first fair use factor (purpose and character of the use) and the fourth (effect of the use upon the potential market).

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Fair Use Social Media Licensing Marketing 87

Technology & Marketing Law Blog

JANUARY 24, 2024

The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.” Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM Case citation : JLM Couture, Inc. Christou v.

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Social Media Ownership Design Designs 105

IP and Legal Filings

NOVEMBER 23, 2023

This Act explains the significance of support when it comes to the enrollment of trademarks for the matter of Publicity or Privacy, and The Copyrights Act 1957 [iv] defines word “performer” as an actor, singer, musician, dancer, acrobat and juggler etc. Hence Cristiano Ronaldo’s Publicity rights were bagged by Mint Media for 6 years.

Intellectual Property 105

Intellectual Property Privacy Branding Brands 105

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

JULY 11, 2021

After Natco’s Withdrawal, Bajaj Healthcare files for Compulsory License to Manufacture Baricitinib. I analysed Bajaj Healthcare’s application for compulsory license to manufacture Eli Lilly’s Baricitinib, an arthritis drug more recently used for Covid treatment. Other Posts.

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Moral Rights Journalism Licensing IP 105

SpicyIP

JULY 5, 2021

He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration. The share prices of Bajaj Healthcare rose as the company moved the Patent Office to seek a compulsory license for Covid drug Baricitinib. Golden Tobacco Ltd. June 29, 2021]. Other News.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

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. Pixels appeared first on Technology & Marketing Law Blog.

Artwork 119

Artwork Trademark Publishing Marketing 119

Kluwer Copyright Blog

MAY 22, 2023

Among many other things, such as security, social morality, unfair competition, data accuracy and privacy, the draft Regulation turns to two specific copyright aspects that are addressed in Article 7, namely providers’ liability for IP violations, and access to copyright-protected materials for data training.

Licensing 98

Licensing IP Copyright Reporting 98

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. Entertainment, Inc. , 22-55982 (9th Cir.

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False Advertising Government Privacy Design 98

Technology & Marketing Law Blog

APRIL 16, 2022

Fluent is a marketing company that generates leads. The transaction in this case is slightly different: the websites in question merely asked the consumer for personal information of some sort in an exchange resulting in marketing communications. Freedom Financial appeared first on Technology & Marketing Law Blog.

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Contracts Design Designs Law 119

The IPKat

NOVEMBER 22, 2023

They are trained on large volumes of data in multiple steps including copyright protected works used with or without the permission of the creator or appropriate licenses. Dan Conway , CEO of the Publishers Association , stressed the need for a licensing framework, involving permission, transparency, remuneration, and attribution.

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Intellectual Property Copyright Fair Use Government 96

Velocity of Content

SEPTEMBER 29, 2022

To meet these “future of” business opportunities, industries across the board are currently transforming to serve ever-changing global markets and needs, which in turn requires developers to accelerate the pace for delivering technological advancements, product designs, R&D, and product developments to “future proof” businesses.

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Technology Intellectual Property Privacy Design 98

Technology & Marketing Law Blog

NOVEMBER 11, 2023

Although Meta contends that it posted its term updates on users’ Facebook pages, there is no indication that those terms related to anything other than privacy concerns. Meta appeared first on Technology & Marketing Law Blog. There is also no evidence that CFC received an e-mail containing the updated Terms.

Trademark 115

Trademark Contracts Blogging Fair Use 115

Technology & Marketing Law Blog

JULY 20, 2021

Directly below the three buttons, it stated: “By signing up, I agree to Airbnb’s Terms of Service, Privacy Policy, Guest Refund Policy, and Host Guarantee Terms.” Airbnb appeared first on Technology & Marketing Law Blog. It had three buttons allowing users to sign up using Facebook, Google, or email.

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Social Media Design Designs Blogging 111

Technology & Marketing Law Blog

MAY 17, 2022

This knocks out the pre-litigation negotiation requirement, the TOS’s protective provisions, the TOS’s disclosures, the TOS’s licenses (which nukes Roblox’s defense to a conversion claim), and more. Roblox appeared first on Technology & Marketing Law Blog. As a result, the TOS fails. Cite to IC v.

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