The IP Law Blog

MAY 4, 2023

On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. 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. Apple, Inc. ,

Marketing 98

Marketing Marketing Privacy Contracts 98

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 95

Blogging Contracts Copyright Law Copyright 95

Technology & Marketing Law Blog

DECEMBER 13, 2023

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.

Blogging 84

Blogging Copyright Contracts Cease and Desist 84

Technology & Marketing Law Blog

JULY 26, 2023

Breach of Contract As is common with scraping cases in 2023, just because the scraper prevails on the CFAA claim doesn’t mean the scraper is going to prevail. When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked. The terms prohibited scraping.

Cease and Desist 91

Cease and Desist Blogging Contracts Privacy 91

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words. Note: The responses below were received in 2023.

Privacy 139

Privacy IP Technology Reporting 139

Technology & Marketing Law Blog

AUGUST 29, 2022

While that is pretty sweet, I will pay for it next year when I teach Internet Law in both Spring and Fall 2023. [FN: 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). I posted a chapter from the book: Online Contracts. That means I will have an entire calendar year with no teaching.

Editing 93

Editing Social Media Blogging Advertising 93

Technology & Marketing Law Blog

FEBRUARY 14, 2024

The Florida legislature (bless their hearts) amended the statute in 2023 (after Lindsey’s rental) to broaden the definition of a livery. 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.

Contracts 78

Contracts Advertising Advertising Privacy 78

LexBlog IP

MAY 4, 2023

On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. ” 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. Apple, Inc. ,

Marketing 52

Marketing Marketing Privacy Contracts 52

43(B)log

DECEMBER 7, 2023

LA CV 21-02069-DOC-KES, 2023 WL 8351525 (C.D. 23, 2023) The individual defendants co-founded COY in 2019 to provide creator clients with a platform to offer subscription services. Things eventually went bad, resulting in contract/trade secret claims and copyright/ROP counterclaims. COY Collective, Inc.,

Web Development 59

Web Development Social Media Copying Copyright 59

Patently-O

NOVEMBER 27, 2023

Perhaps there’s a sales volume that justifies that risk, and many more policies than estimated are being written; or perhaps we are riding an insurance bubble in this niche market. It is a brand-new “bespoke” insurance product with a brand-new market, no oversight, and is yet little understood. 14, 2023). [3] 14, 2023). [3]

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Settlement Litigation Branding Brands 83

Technology & Marketing Law Blog

DECEMBER 2, 2023

Noshirvan’s videos forced Garramone to terminate contracts with surgeons who worried about reputational harm. Noshirvan , 2023 WL 8280955 (M.D. Noshirvan appeared first on Technology & Marketing Law Blog. Garramone responded to a negative review by stating that it was not from a former or current patient.

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Editing Publishing Reporting Contracts 69

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts 84

Contracts Blogging Advertising Advertising 84

LexBlog IP

NOVEMBER 28, 2023

Both could become law as early as the end of 2023, although with grace periods built in. This will not just be an issue for EU-headquartered companies to grapple with: both the proposed Data Act and the AI Act will apply to any business selling into the EU market, wherever established.

Intellectual Property 52

Intellectual Property Marketing Marketing Technology 52

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. August 9, 2023) This case involves StubHub’s obligations to provide refunds due to COVID cancellations. July 31, 2023) This is a lawsuit over Blue Kai’s alleged keystroke logging on ESPN.com. In re: StubHub Refund Litigation , No.

Contracts 76

Contracts Law Reporting Blogging 76

43(B)log

AUGUST 4, 2023

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? But none reached the market despite millions in R&D from National Institute of Justice. Costly inefficiencies in supply and demand.

Copyright 52

Copyright Fair Use Marketing Marketing 52

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Intellectual property is a company asset, just like inventory. A special note about customer data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Corruption in IP Offices, Anything New?

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Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

JUNE 17, 2023

2023 WL 3449131 at *1 (N.D. May 11, 2023). Plaintiffs have not met their burden to allege facts demonstrating an injury-in-fact sufficient to confer standing for their privacy-based claims. Sharing Plaintiffs’ and the Class’s personal data with unauthorized third parties in violation of the GitHub Privacy Statement; b.

Blogging 130

Blogging Licensing Privacy Copyright Notice 130

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Intellectual property is a company asset, just like inventory. A special note about customer data.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

Technology & Marketing Law Blog

AUGUST 7, 2023

I’m pleased to announce the 2023 edition (14th edition) of my Internet Law casebook, Internet Law: Cases & Materials. Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. I welcome your suggestions. * * * Over the years, I’ve posted a number of book excerpts, including: The entire chapter on online contracts.

Editing 52

Editing Law Contracts Privacy 52

TorrentFreak

MAY 29, 2023

Bungie Asks Court For More Time Earlier this month, Bungie was awarded over $16 million against a single defendant, with claims spanning copyright law, breach of contract, and civil RICO violations. By June 2022, Bungie had a $13.5

Copyright 129

Copyright Privacy Settlement Copyright Infringement 129

LexBlog IP

JANUARY 6, 2023

On January 5, 2023, the Federal Trade Commission (“FTC”) announced a broad proposed rule that would ban employers from imposing noncompete clauses on their workers. labor markets. 1] Federal Trade Commission, Non-Compete Clause Rulemaking (January 5, 2023). [2] ” [4]. FOOTNOTES. [1]

Contracts 52

Contracts Business Publishing Ownership 52

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

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

Trading Secrets

DECEMBER 29, 2022

In particular, in December 2021, the DOJ and FTC hosted a virtual workshop that brought together policy experts and labor leaders to discuss efforts to promote competitive labor markets and worker mobility, including scrutinizing and limiting the use of restrictive covenants. its training procedures, and its off-boarding policies.

Confidentiality 59

Confidentiality Business Law Contracts 59

LexBlog IP

DECEMBER 29, 2022

In particular, in December 2021, the DOJ and FTC hosted a virtual workshop that brought together policy experts and labor leaders to discuss efforts to promote competitive labor markets and worker mobility, including scrutinizing and limiting the use of restrictive covenants. its training procedures, and its off-boarding policies.

Confidentiality 40

Confidentiality Business Law Contracts 40

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. 2023 WL 2966947 (D.N.J. Microsoft appeared first on Technology & Marketing Law Blog. Microsoft Corp.,

Contracts 93

Contracts Privacy Law Blogging 93

Technology & Marketing Law Blog

JANUARY 26, 2024

Heuberger , 2023 WL 5334192 (D. Alderwood Surgical Center, LLC, 2023 WL 3435305 (W.D. May 12, 2023); and State v. Alderwood Surgical Center, LLC, 2023 WL 3687053 (W.D. Alderwood Surgical Center, LLC, 2023 WL 3687053 (W.D. May 26, 2023). Pinho, 2023 WL 3017282 (Cal. April 20, 2023).

Social Media 77

Social Media Privacy Advertising Advertising 77

Technology & Marketing Law Blog

JANUARY 24, 2023

As bad as 2022 was, 2023 will be worse. and 2023 could officially mark the conclusion of that era. Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants. at greater risk.

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Law Social Media Government Privacy 117