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 85

Litigation Contracts Advertising Advertising 85

IPilogue

JANUARY 9, 2023

I was seated with a digital marketing employee, employees in the clinical research and development team, and an employee in the respiratory team. AstraZeneca is a global company, some contracts can require engaging in services in other countries. AstraZeneca focuses on clinical research but also marketing and sales of its IP.

Business 110

Business Privacy Contracts Confidentiality 110

Technology & Marketing Law Blog

APRIL 22, 2024

Ohio April 19, 2024) Prior Tattoo Copyright Blog Posts This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. Case citation : Hayden v. Warner Bros.

Licensing 70

Licensing Copyright Blogging Fair Use 70

The IPKat

MARCH 10, 2024

Webinar on navigating intellectual property in sustainable fashion (13 March) 4IPCouncil is organizing a webinar on second-hand luxury markets on 13 March at 16:00 CET. 42nd ATRIP Congress: intellectual property, ethical innovation, and sustainability – Towards a new social contract for the digital economy? or on Zoom.

Intellectual Property 62

Intellectual Property Intellectual Property Law Copyright IP 62

Technology & Marketing Law Blog

FEBRUARY 14, 2024

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. LEXIS 23688 (S.D.

Contracts 73

Contracts Advertising Advertising Privacy 73

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.com, LLC , 2024 WL 885356 (W.D. Case Citation : Canvasfish.com, LLC v.

Artwork 97

Artwork Trademark Publishing Marketing 97

LexBlog IP

JANUARY 10, 2024

” The complaint and settlement agreement provide a road map of how data brokers are accessing, using, and disclosing location services, and serves as guidance for both consumers and marketing companies. .”

Privacy 52

Privacy Settlement Marketing Marketing 52

Technology & Marketing Law Blog

FEBRUARY 17, 2024

Those options lower access barriers for users to create accounts, so they are often compelling to the marketing team. 2024 WL 559591 (N.D. CMG appeared first on Technology & Marketing Law Blog. However, the legal team must ensure that all account creation options presented to users satisfy minimum TOS formation processes.

Privacy 89

Privacy Litigation Marketing Marketing 89

LexBlog IP

JANUARY 6, 2024

Earlier, IPH group firm Pizzeys had sued RnB IP and its two founders – formerly partners in Pizzeys at the time of its acquisition by IPH – for alleged breach of non-compete, non-dealing, and/or non-solicitation restraints that were included in their employment contracts.

Patent 52

Patent IP Contracts Publishing 52

LexBlog IP

DECEMBER 26, 2023

With a focus on delivering above-market returns, Gaingels actively invests in companies dedicated to building diverse and inclusive teams, particularly representing the LGBTQ community and other underrepresented groups. This process involves updating the socio-economic status section of the business profile on SAM.gov.

Government 52

Government Business Contracts Inventor 52

LexBlog IP

JANUARY 19, 2024

On 15 January 2024, the UK Information Commissioner’s Office (“ ICO ”) [1] launched a series of public consultations on the applicability of data protection laws to the development and use of generative artificial intelligence (“ GenAI ”). 3] See ICO Generative AI first call for evidence (15 January 2024). [4]

Law 52

Law Social Media Contracts Intellectual Property 52

Trading Secrets

FEBRUARY 27, 2024

In response, the company filed a lawsuit against the now-former employee, alleging breach of contract, breach of fiduciary duty, and misappropriation of trade secrets. And, perhaps most notably, the Division implicitly found that one invalid provision in a contract does not invalidate the entire contract.

Confidentiality 64

Confidentiality Settlement Contracts Business 64

Kluwer Copyright Blog

JANUARY 4, 2024

In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. All in all, 2024 promises to be an exciting year for EU copyright law. Photo by Markus Spiske on Unsplash Dear readers, Happy new year! Welcome to the fourth (and last) round up of EU copyright law for 2023! Stay tuned!

Copyright Law 73

Copyright Law Law Copyright Reporting 73

TorrentFreak

MAY 9, 2024

More recently, however, the time between application and blocking injunction has contracted. Justice Halley’s order dated May 8, 2024, was handed down Wednesday. In this case the time between rightsholders filing a statement of claim/originating application and obtaining an injunction was less than two months.

IP 95

IP Reporting Branding Brands 95

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. The purpose of copyright, its social and innovation function, is thereby seriously undermined.

Copyright 122

Copyright Art Licensing Contracts 122

43(B)log

MARCH 4, 2024

12-2999, 2024 WL 887785 (D.N.J. 29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” Newborn Bros. Albion Engineering Co., Now it’s disgorgement time. could become even more important during this economy.”

False Advertising 45

False Advertising Advertising Advertising Marketing 45

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 78

Contracts Blogging Advertising Advertising 78

LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). For now, not much will change from a legislative perspective.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 24, 2024

Can you imagine how much better off they both would have been if they had worked out a deal initially and then spent all of their time and money doing marketing and focusing on their customers’ needs rather than paying lawyers? Gutman , 2024 WL 172609 (2d Cir. 17, 2024) Selected Related Posts : Who Owns Social Media Accounts?–In

Social Media 79

Social Media Ownership Designs Design 79

LexBlog IP

FEBRUARY 27, 2024

In response, the company filed a lawsuit against the now-former employee, alleging breach of contract, breach of fiduciary duty, and misappropriation of trade secrets. And, perhaps most notably, the Division implicitly found that one invalid provision in a contract does not invalidate the entire contract.

Confidentiality 52

Confidentiality Settlement Contracts Business 52

LexBlog IP

AUGUST 14, 2023

The reporting rule goes into effect on January 1, 2024. The CTA defines “ownership interest” as any instrument, contract, arrangement, understanding, or mechanism used to establish ownership (such as any equity, stock, capital, or profit interest). The rule goes into effect January 1, 2024. Who is Required to Report?

Business 52

Business Ownership Reporting Registration 52

43(B)log

JANUARY 5, 2024

2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. And they targeted school districts in their marketing. Defendants market only their K12 brand nationally.

Branding 59

Branding Brands Branding Marketing 59

LexBlog IP

JANUARY 19, 2024

As we settle into 2024, we reflect on the significant legal developments of 2023 that hold potential impact on the biologics and biosimilars market. That case was set to go to trial in January 2024, but on January 5, 2024, Judge Richard Andrews of the U.S. That case is ongoing with a jury trial set for November 2024.

Settlement 52

Settlement Litigation Patent Reporting 52

Technology & Marketing Law Blog

FEBRUARY 16, 2024

12, 2024) The post Ninth Circuit Enforces a “Browsewrap” (That Was Actually a Clickthrough)–Patrick v. Running Warehouse appeared first on Technology & Marketing Law Blog. I have more to say about enforceable browsewraps in a forthcoming post. Case Citation : Patrick v. Running Warehouse, LLC , No.

Blogging 67

Blogging Marketing Marketing Technology 67

Technology & Marketing Law Blog

JANUARY 17, 2024

This case expands the canon of copyright protection for lawyer-drafted documents such as legal briefs and contracts. Note: I tested on the copyrightability of contracts in my 2002 Copyright final exam (see my sample answer ). 12, 2024) The post Cloned-and-Revised Legal Documents Aren’t Copyrightable–UIRC v.

Copyright 46

Copyright Copying Copyright Infringement Editing 46

LexBlog IP

JULY 5, 2023

In 2011, Hydronic began reverse-engineering Hetronic parts and contracted new suppliers to source them. When Abitron purchased Hydronic in 2014, they began selling products identical to Hetronic’s remote controls in foreign markets with the recognizable black-and-yellow coloring. Read the opinion here.

Trademark 52

Trademark Marketing Marketing Contracts 52

Dragons' Den

FEBRUARY 9, 2024

What is its appeal to the market? After a quick search of our trade mark database, I discovered that the ORI Lifestyle company logo was registered on 19 th January 2024 - UK00004004326 Like Titilolami has done with Ori, you can register your trade mark to protect your brand, for example the name of your product or service.

Blogging 52

Blogging IP Designs Design 52

LexBlog IP

NOVEMBER 28, 2023

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. Such systems would have to undergo a conformity assessment before being placed on the market, and a ‘CE’ mark attached.

Intellectual Property 52

Intellectual Property Marketing Marketing Technology 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

The UKIPO chaired the meetings, while representatives from the Department for Culture, Media and Sport, the Office for Artificial Intelligence and the Competition and Markets Authority attended as observers. Photo by Emily Wang on Unsplash The UK’s attempt to deal with generative AI, training data and copyright law has taken yet another turn.

Copyright Law 60

Copyright Law Copyright Law Music 60

Technology & Marketing Law Blog

FEBRUARY 27, 2024

AG Yost disingenuously argued that the law enhances parents’ control over their children’s contracts. The court easily brushes this aside, saying “this Court does not think that a law prohibiting minors from contracting to access to a plethora of protected speech can be reduced to a regulation of commercial conduct.”

Social Media 81

Social Media Law Contracts Publishing 81

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. What are we even talking about?

Copying 75

Copying Ownership Derivative Work Contracts 75

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. The breach of contract claim survived. Leszczynski v. 8-23-cv-01698-MEMF-ADS (C.D. False advertising: Only ok against Kitchen Cube.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio AG Yost claims the law is about contracts, not censorship, i.e., the law helps parents supervise the contracts their kids enter into. And even if the government can show that the interest in question is indeed protecting minors from entering into contracts, the Act’s inclusions and exemptions are not tailored to that end.

Social Media 84

Social Media Law Contracts Designs 84

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 71

Blogging Contracts Cease and Desist Confidentiality 71

Trading Secrets

DECEMBER 19, 2023

View the Recording – CLE Credit for this recording expires on January 11, 2024. 2022 Trade Secrets & Non-Competes Year in Review View the Recording – CLE credit for this recording expires on January 23, 2024. For CLE credit inquiries, please email cle@seyfarth.com after viewing the webinar.

Confidentiality 52

Confidentiality Litigation Business Law 52

Kluwer Copyright Blog

MAY 15, 2024

UpstateNYer, CC BY-SA 3.0 , via Wikimedia Commons The forthcoming article “Creation and Generation Copyright Standards” to be published in NYU JIPEL 2024 (see pre-publication version here ) analyses and critiques the different standards for copyright eligibility between expressive works and generative products in the U.S. copyright law.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

TorrentFreak

OCTOBER 25, 2022

YouTube-ripping sites such as Yout and YTMate are also blacklisted, along with many others serving specific foreign language markets. According to the official government portal Government Online , between 1,200 and 1,500 government tenders and contracts are advertised each week. Government Wants Data On IWL-Listed Pirate Sites.

Intellectual Property 112

Intellectual Property Advertising Advertising Contracts 112