article thumbnail

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

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.

article thumbnail

OM Weekly Digest 08/12/22

Olartemoure Blog

This is clear evidence that best corporate governance practices have improved in the Colombian securities market and confirms that guaranteeing protection of shareholder rights and equitable treatment is a fundamental factor of Corporate Governance. Original Source in Spanish. 08/12/22 – Litigation and ADR.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Indian Copyright Act and Marrakesh Treaty : Decoding the Lacuna under Copyright Act.

IP and Legal Filings

Marrakesh Treaty Marrakesh Treaty was adopted on June 27, 2013, to facilitate access to published works for people who are Blind Persons, Visually Impaired Persons, or Print Disabled (hereinafter beneficiary) who refrains from indulging in any printed form of copyrighted work.

article thumbnail

E-Book Price Suit Is “Implausible” Say Amazon, Publishers

Velocity of Content

In New York this week, Judge Valerie Figueredo heard oral arguments on motions to dismiss a consumer class action lawsuit that alleges the Big Five publishers, together with Amazon, have colluded to eliminate price competition from the e-book market.

article thumbnail

Beer: You Know It When You Taste It, Or Maybe Not

The IP Law Blog

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. The question is whether Modelo will succeed in its quest to remove Corona Hard Seltzer from the market. Modelo sued Constellation in the U.S.

Licensing 103
article thumbnail

Lexmark applies to false endorsement, defeats noncelebrity claim (for now)

43(B)log

30, 2021) From 1985 to 2003, Plaintiff Daniel Abrahams contracted with the Thompson Publishing Group (“TPG”) to author a series of publications related to the Fair Labor Standards Act. law tort and contract claims and one federal claim under the Lanham Act. Simplify Compliance, LLC, 2021 WL 1197732, No. 19-3009 (RDM) (D.D.C.

Editing 59
article thumbnail

maintaining outdated article on website about former supplier wasn't false association

43(B)log

Whole Foods Market Service, Inc., Whole Foods began purchasing small quantities of basil from them and selling the product in Whole Foods Market stores in the San Diego area in 2007. Archi’s Acres, Inc. 2021 WL 424286, No. 19-CV-2478 JLS (MSB) (S.D. 8, 2021) Plaintiffs are farmers and growers of high-quality living organic basil.