IP and Legal Filings

OCTOBER 14, 2022

The COVID-19 pandemic has also acted as an impetus and accelerated the growth of the digital market. Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. Meaning Of An E-Contract. E-contract forms a significant part of E-commerce.

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Contracts Business Technology Law 52

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. ” What does the court want to see in the “to” field…? Facebook, Inc.,

Contracts 72

Contracts Law Reporting Blogging 72

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Rivals * MIT Technology Review : This new data poisoning tool lets artists fight back against generative AI (regarding “Nightshade”) Privacy * FTC v. Consumer Reviews * Route App, Inc.

Social Media 73

Social Media Privacy Advertising Advertising 73

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 86

Litigation Contracts Advertising Advertising 86

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. Obviously, Warner Bros. could have done better.

False Advertising 83

False Advertising Government Privacy Designs 83

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.

Privacy 91

Privacy Contracts Marketing Marketing 91

Technology & Marketing Law Blog

JANUARY 10, 2024

The reality is that most websites are likely to have some 15-year-old users, even if the site isn’t designed to appeal to that audience. Ohio AG Yost claims the law is about contracts, not censorship, i.e., the law helps parents supervise the contracts their kids enter into. Kuklinski v.

Social Media 85

Social Media Law Contracts Designs 85

IP Tech Blog

FEBRUARY 22, 2022

Subscription-based contracts are common. The CMA is particularly concerned about contracts that auto-renew onto a subsequent contract of one year or more, where the CMA considers that consumers especially require protection to prevent them from being locked into an unwanted contract. The Guidance.

Law 62

Law Contracts Business Marketing 62

LexBlog IP

JANUARY 6, 2023

labor markets. ” President Biden called this proposed rule “a huge step forward in banning noncompete agreements that are designed simply to lower people’s wages.” ” [4]. ” [4].

Contracts 52

Contracts Business Publishing Ownership 52

Technology & Marketing Law Blog

NOVEMBER 11, 2023

I see potential legitimate trademark defenses for the design. Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front. Meta appeared first on Technology & Marketing Law Blog. The contributory trademark infringement claim survives a motion to dismiss. Meta Platforms, Inc.

Trademark 93

Trademark Contracts Blogging Fair Use 93

Technology & Marketing Law Blog

JUNE 17, 2023

Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims. Plaintiffs’ claims for breach of the GitHub Privacy Policy and Terms of Service, violation of the CCPA, and negligence are dismissed with leave to amend. But not so, says the court.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). “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. ” Oops.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. Gutman gave JLM the “exclusive” right to use her name in connection with bridal wear for the term of the agreement and two years following (provided she participated in the design of such clothing).

Social Media 90

Social Media Ownership Contracts Privacy 90

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 80

Social Media Ownership Designs Design 80

SpicyIP

OCTOBER 11, 2022

Li : Privacy Law is a growing field of law, as is law related to artificial intelligence (AI). With the increased collection and use of data, privacy law comes to the forefront as something that is really important for law students and lawyers to know. and social markets (Facebook). In other words, the markets add value.

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IP Law Intellectual Property Privacy 105

Technology & Marketing Law Blog

JANUARY 27, 2022

Apple positions itself as more privacy-supportive than the other tech giants, but then it committed an unforgiveable privacy faux pas by unveiling plans to proactively scan client-side files for illegal CSAM. California voters passed a terrible privacy law in November 2020. Apple’s Client-Side Scanning Plans. issue 2, Nov.

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Social Media Law Privacy Government 127

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. Cite to Ohio State v.

Artwork 98

Artwork Trademark Publishing Marketing 98

Technology & Marketing Law Blog

APRIL 19, 2023

The plaintiff initiated an arbitration against Microsoft alleging breach of contract, breach of the implied duty of good faith and fair dealing, negligence, breach of privacy, conversion, and consumer fraud. Microsoft appeared first on Technology & Marketing Law Blog. But What If It Made a Mistake?–Deutsch

Contracts 89

Contracts Privacy Law Blogging 89

LexBlog IP

FEBRUARY 22, 2022

Subscription-based contracts are common. They can become so-called ‘subscription-traps’ The CMA is particularly concerned about contracts that auto-renew onto a subsequent contract of one year or more, where the CMA considers that consumers especially require protection to prevent them from being locked into an unwanted contract.

Law 52

Law Contracts Business Marketing 52

Technology & Marketing Law Blog

AUGUST 7, 2023

Meanwhile, product design is the real Section 230 battlefront today, and the Lemmon case is the flagship case for that line of litigation. Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. The chapter makes a nice module to add discussion about online contracts to another course. Contracts Meyer v.

Editing 52

Editing Law Contracts Privacy 52

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

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). I posted a chapter from the book: Online Contracts. 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.

Editing 89

Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S. .'” Publisher/Speaker Claim.

Contracts 74

Contracts Advertising Advertising Privacy 74

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman opened both accounts after she entered into the employment contract with JLM. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.”

Social Media 99

Social Media Ownership Branding Brands 99

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. With that said, the Ninth Circuit did some serious hand-waving on the privacy issues.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had. Christou v.

Social Media 80

Social Media Contracts Ownership Business 80

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 117

Blogging Law Contracts Cease and Desist 117

Trading Secrets

JUNE 28, 2022

The new policy highlights the DOJ’s goal to promote privacy and cybersecurity by upholding the legal rights of individuals and network owners to ensure confidentiality and availability of information stored in their information systems. the defendant’s conduct consisted of good-faith security research.

Confidentiality 59

Confidentiality Privacy Contracts Blogging 59

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. In other words, the law simply wasn’t designed to redress the plaintiffs’ concerns.

Publishing 95

Publishing Government Contracts Law 95

Technology & Marketing Law Blog

JULY 20, 2021

” The court explains: Airbnb’s screen used a simple design. 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.” Still, looking at this design, I think Airbnb could easily make some minor tweaks to improve it.

Social Media 110

Social Media Designs Design Blogging 110

LexBlog IP

NOVEMBER 15, 2023

With rising concern about the potential for market consolidation in this area, the Order also instructs the federal agencies that are developing AI-related policies and regulations to promote fair competition in the AI market.

Privacy 40

Privacy Intellectual Property Government Technology 40

Kluwer Copyright Blog

MAY 15, 2024

The metadata could include a link to a bank account number so that the author/copyright holder could be directly compensated by the AI-service provider via a smart contract. It is arguably a matter of “law by design” (see here , here and here ). The statements by authors that were consulted by the U.S.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

IP Tech Blog

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners. Also consider international markets.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. Normally trademark owners aren’t third-party beneficiaries of that contract. A new frontier for a trade war.].

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Trademark False Advertising Advertising Advertising 137