IIPRD

JANUARY 22, 2025

To determine whether the use constitutes fair use or not is determined based on a number of factors like if they primarily include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work. Another important factor is market effect. Google, Inc.

Fair Use 95

Fair Use Intellectual Property Derivative Work Copyright Law 95

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

As a practical matter, given the litigation risks associated with the impact assessments, a business’ lawyers will control those processes–with associated delays, expenses, and prioritization of risk management instead of improving consumer experiences. To avoid this paralyzing effect, services will screen out children entirely.

Designs 119

Designs Design Privacy Business 119

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.

Privacy 115

Privacy Litigation Marketing Marketing 115

Technology & Marketing Law Blog

AUGUST 10, 2022

Age and identity authentication have numerous downsides and tradeoffs, including creating privacy and security risks for minors. California taxpayers would benefit from seeing how that litigation is resolved before undertaking the inevitable costs to defend this law against those same challenges.

Social Media 136

Social Media Blogging Privacy Government 136

Technology & Marketing Law Blog

OCTOBER 26, 2021

In the DMCA, Congress enabled copyright owners to obtain pre-litigation discovery of alleged infringers (17 USC 512(h)). This fast lane is a historical anachronism; it does little to balance the privacy interests of the alleged infringer. Market effect. GoDaddy appeared first on Technology & Marketing Law Blog.

Privacy 124

Privacy Fair Use Blogging Copyright 124

IPilogue

FEBRUARY 2, 2022

I also had the pleasure of working with Cristina Aguirre, Privacy Officer at AstraZeneca, and learned about the day-to-day operations of a major pharmaceutical company from her perspective. As a multinational pharmaceutical company, AstraZeneca is often involved in complex patent litigation.

Business 105

Business Privacy Intellectual Property Law Advertising 105

IPilogue

JANUARY 9, 2023

I worked within the legal team, under the supervision of Denise Lacombe, Head of Legal and collaborated with Lynne Sweeney, Legal Counsel and Cristina Aguirre, Privacy Officer as well. I was seated with a digital marketing employee, employees in the clinical research and development team, and an employee in the respiratory team.

Business 110

Business Privacy Contracts Confidentiality 110

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 , and Evans v.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

IP.com

DECEMBER 1, 2024

Innovation is essential to staying competitive in today’s rapidly evolving market. Now Through Altair Accurately and Instantly Evaluate the Novelty of Innovation For companies looking to stand out, innovation isn’t just about generating ideas; it’s about identifying which ideas are truly novel and market-ready. Try IQ Ideas+ 3.0

Marketing 52

Marketing Marketing Intellectual Property Confidentiality 52

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. Related posts : “ Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. Case Citation: Callahan v. Facebook.”.

Privacy 116

Privacy Contracts Personality Rights Litigation 116

Technology & Marketing Law Blog

OCTOBER 29, 2021

The court says this is the end of the road for Nicosia: [t]here must be an end to litigation someday, and free, calculated deliberate choices are not to be relieved from. __. Facebook Gets Bad Ruling In Face-Scanning Privacy Case–In re Facebook Biometric Information Privacy Litigation. TransUnion. Is That Surprising?–Long

Contracts 105

Contracts Privacy Blogging Litigation 105

The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. Paragraph 31]. See paragraphs 47 and 55.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

IP.com

APRIL 2, 2025

Competitive Intelligence : Although DeepSeek can process large datasets and identify trends, it currently lacks the ability to analyze patent data in conjunction with broader technical literature or market trends. This limits its utility for competitive intelligence and strategic patent analysis.

Patent 59

Patent Intellectual Property Management Privacy Intellectual Property 59

Technology & Marketing Law Blog

AUGUST 5, 2022

Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 119

Social Media Ownership Business Brands 119

Technology & Marketing Law Blog

JULY 19, 2021

This is a defense lawyer bonanza in terms of briefing opportunities in privacy and other cases. This opinion is more understandable than the Spokeo ruling, but I’m still confused about what this opinion does to privacy litigation (and maybe other areas of the law). The court relied primarily on Clapper , not Spokeo.

Privacy 138

Privacy Reporting Copyright Business 138

Kluwer Copyright Blog

JULY 24, 2024

On the first, substantial litigation has already been launched concerning whether the data used to train these models requires payment or opt-in from creatives whose work has been ingested, often without consent. in Europe through the Copyright in the Digital Single Market Directive and the Digital Services Act ).

Copyright 135

Copyright Ownership Social Media Licensing 135

Canadian Intellectual Property Blog

SEPTEMBER 2, 2020

Grey marketing typically consists of a retailer purchasing genuine branded products abroad for less than offered to them from a local distributor. Grey marketing is generally problematic for international brand owners, who may end up competing against their own products thereby losing control of how the brand is represented to customers.

Marketing 52

Marketing Marketing Intellectual Property Intellectual Property Law 52

Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. Despite these obvious issues, the privacy community has been conspicuously quiet about age authentication. Musk has bridged that gap.

Law 111

Law Social Media Advertising Advertising 111

Velocity of Content

JANUARY 7, 2025

2 Licensing enables copyright owners and users to come together in a mutually beneficial manner, helping the market function more efficiently and responsibly. 12 In the 1970s, when photocopying was the disruptive technology, both direct and collective licensing helped make the market for using copyrighted materials work. Texaco, Inc.,

Copyright 52

Copyright Licensing Fair Use Journalism 52

Technology & Marketing Law Blog

DECEMBER 17, 2021

The litigation’s only apparent connection to this District — and to the United States — is through the defendant.” The court didn’t address the obvious question: given that this is a UK law, why did the plaintiff want to litigate in the US and in Xandr’s home court? ” So the case is out of the US.

Litigation 111

Litigation Business Law Marketing 111

Technology & Marketing Law Blog

AUGUST 24, 2024

” Indeed, in this litigation, Nicholas Air’s in-house legal counsel also represents Corr Flight. This Solomonic outcome splits the case in two and largely doubles the litigation costs for both sides. Glassdoor appeared first on Technology & Marketing Law Blog. What does any of this have to do with this case?

Privacy 98

Privacy Brands Branding Branding 98

JIPEL Copyright Blog

MARCH 30, 2022

The effect has been to preclude restaurants from effectively competing with the delivery apps, calcifying an already-existing monopsony in which only three companies (Grubhub, DoorDash, and Uber Eats) control a majority of the market share for food delivery in New York City.

Marketing 52

Marketing Marketing Privacy Business 52

LexBlog IP

MAY 26, 2022

According to a report published in March 2022 by Global Market Insights Inc., the global market valuation for voice recognition technology will reach approximately $10 billion by 2028. However, as more companies implement these technologies, the risk of litigation for failure to comply with biometrics laws increases.

Litigation 40

Litigation Privacy Technology Marketing 40

Technology & Marketing Law Blog

MAY 16, 2022

Several recent court cases spotlight the challenges that messaging apps present in litigation. In particular, these cases show that messaging apps—whose features may cause message content to either be kept or deleted—have an outsized impact on litigation results. by guest blogger Philip Favro. GoDaddy.com LLC , 340 F.R.D.

Blogging 134

Blogging Litigation Intellectual Property Privacy 134

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. The Ninth Circuit began analyzing the Section 1 claim by focusing on the proper definition of the market.

Marketing 98

Marketing Marketing Privacy Contracts 98

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. Five years into this litigation, let’s take stock of all of the things we still don’t know: Is hiQ still an operational business?

Cease and Desist 116

Cease and Desist Contracts Privacy Business 116

Technology & Marketing Law Blog

JULY 5, 2022

Finally, there are genuine obstacles to MoneyBags’s participation, given the expense of litigation and the lack of a contrasting economic incentive in this suit. Market effect. Bayside didn’t explain the market for the photos or how the tweets harmed that market. Q2 2015 Quick Links, Part 1 (IP, Marketing and More).

Fair Use 115

Fair Use Plagiarism Copyright Marketing 115

Technology & Marketing Law Blog

MAY 3, 2022

Facebook has to resort to old-school arguments like “mere conduit” status, and the litigation becomes more expensive because courts will often allow discovery on the defendant’s scienter. Facebook appeared first on Technology & Marketing Law Blog. Amazon , Sandler v. Calcagni , Vesely v. Armslist , Lunney v.

Advertising 119

Advertising Advertising Law Marketing 119

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Note that the data access issue crosses over to the consumer privacy laws, which may mandate consumer access to “their data” under specified circumstances. Instead, the litigation will inevitably delve into subjective questions, such as whether the notices or explanations were accurate and sufficiently detailed.

Contracts 119

Contracts Social Media Advertising Advertising 119

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. The parties have vigorously litigated this case.

Contracts 111

Contracts Privacy Social Media Advertising 111

Technology & Marketing Law Blog

AUGUST 20, 2023

“Hicks’ defamation and Consumer Privacy Act claims (as alleged in the SAC) are explicitly predicated on the imposition of liability for Meta’s hosting, and refusal to remove, defamatory or private information about Hicks.” Either way, looping Facebo0k into this litigation was a terrible decision. The complaint.

Privacy 98

Privacy Publishing Blogging Litigation 98

Traverse Legal Blog

NOVEMBER 11, 2020

Airbnb Hosts have filed class action litigation against Airbnb , Inc and Airbnb Payments, Inc. Use of Airbnb.com allows users to see all listing information and associated web pages under a ‘browser wrap’ arrangement with the terms of service and privacy policies linked in the footer.

Litigation 69

Litigation Contracts Business Marketing 69

Patently-O

NOVEMBER 27, 2023

An exotic insurance product has recently taken the litigation world by storm. 1] Now, it’s hard to avoid; a brief Internet search will turn up hundreds of hits and dozens of explainer articles by insurance brokers, law firms, and litigation funders extolling the benefits and pitching such policies to appellants.

Settlement 83

Settlement Litigation Brands Branding 83

Kluwer Copyright Blog

SEPTEMBER 15, 2024

Real data is hard to come by and expensive to label; using synthetic data instead is not only cheaper but also promises to sidestep the thorny issues of privacy and copyright infringement (see Lee 2024 ). Even synthetic data that comes with privacy guarantees is necessarily a distorted version of the real data.

Copyright 128

Copyright Copyright Infringement Privacy Technology 128

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

Technology & Marketing Law Blog

DECEMBER 11, 2021

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. In particular, they are having some success bending Section 230, and this genre offers some interesting considerations for folks paying attention to the privacy/230 borders. Ancestry , Knapke v.

Advertising 111

Advertising Advertising Social Media Blogging 111

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