The IPKat

APRIL 22, 2024

Over the next few months, the following will take place and IPKat readers will have an opportunity to enroll with a 25% discount in the registration fees: Summer Course on European Intellectual Property Law Trier, 1-5 July 2024 This course will provide a thorough introduction to European intellectual property law.

Intellectual Property Law 61

Intellectual Property Law Intellectual Property IP Litigation 61

LexBlog IP

JANUARY 10, 2024

” The FTC alleged that the privacy policies did not inform consumers about how their location data would be used, which entities would receive the data and did not obtain informed consent to obtain access to sensitive location data. When you turn location services on, all of those apps are tracking your specific location.

Privacy 52

Privacy Settlement Marketing Marketing 52

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. 2024 WL 559591 (N.D. The named plaintiff created a WSBTV account by opting to log in using Facebook. Case citation : Hawkins v. CMG Media Corp.

Privacy 89

Privacy Litigation Marketing Marketing 89

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

LexBlog IP

NOVEMBER 6, 2023

These new laws will become effective on January 1, 2024, and now is the time for employers to assess and revise their employment-related agreements and restrictive covenants accordingly. Employers must provide this notice by no later than February 14, 2024. The two new laws are detailed below. The two new laws are detailed below.

Law 52

Law Contracts Business Privacy 52

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. ” The three hyperlinks were in a blue font that stood out from the other grey font on the page.

Contracts 73

Contracts Advertising Advertising Privacy 73

LexBlog IP

FEBRUARY 6, 2024

VANDA’s breach of implied-in-fact contract claim was dismissed). On January 18, 2024, the court denied the government’s motion to dismiss regarding the Fifth Amendment takings claim. VANDA did not assert a trade secret misappropriation claim, but rather asserted a Fifth Amendment takings claim. ” 18 USC § 1905.

Government 52

Government Confidentiality Contracts Branding 52

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 79

Contracts Blogging Advertising Advertising 79

Technology & Marketing Law Blog

JANUARY 24, 2024

Gutman , 2024 WL 172609 (2d Cir. 17, 2024) Selected Related Posts : Who Owns Social Media Accounts?–In Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM Case citation : JLM Couture, Inc.

Social Media 80

Social Media Ownership Designs Design 80

LexBlog IP

JULY 31, 2023

Texas’s Business Courts will activate on September 1, 2024, and will handle complex commercial disputes with significant amounts in controversy. Ideally, specialized business courts also promote consistent interpretations of commercial laws and contracts, thereby leading to more predictable outcomes. Cases exceeding $10 million.

Business 52

Business Contracts Government Law 52

Technology & Marketing Law Blog

MARCH 5, 2024

These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the marketing agent’s possible secondary liability exposure for the vendors’ activities.

Artwork 97

Artwork Trademark Publishing Marketing 97

LexBlog IP

NOVEMBER 28, 2023

Taken together with other EU digital and privacy regulations – such as the Digital Services Act, Digital Operational Resilience Act and General Data Protection Regulation – the interlocking effect of such regulation will be challenging to navigate. 1] [link] [2] [link] [3] [link] [4] [link]. [5] 5] [link]

Intellectual Property 52

Intellectual Property Marketing Marketing Technology 52

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy.

Privacy 138

Privacy Designs Design Business 138

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

TorrentFreak

APRIL 25, 2024

The definition also extends to any service where the consumer does not manage or control the underlying hardware but contracts with a third party for access. The proposed rule , National Emergency with Respect to Significant Malicious Cyber-Enabled Activities , will stop accepting comments from interested parties on April 30, 2024.

Privacy 136

Privacy Government Contracts Publishing 136

Technology & Marketing Law Blog

JUNE 14, 2024

That exception doesn’t apply here because “the School Districts are not individual consumers of Defendants’ platforms who need special protections but are not protected by contract.” If you decide to read on, I welcome your thoughts about whether the October 2023 ruling is consistent with the June 2024 opinion.

Social Media 62

Social Media Publishing Designs Design 62

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

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 55

Copyright Fair Use Copyright Law Editing 55

Technology & Marketing Law Blog

MARCH 12, 2024

This is a Video Privacy Protection Act (VPPA) case against the video streaming platform Tubi. The plaintiff cited disclosures in Tubi’s privacy policy as evidence of Tubi’s VPPA violations, but at the same time the plaintiff’s position is that those disclosures were insufficient to get consumer consent.

Registration 69

Registration Privacy Contracts Blogging 69

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. Case Citation : Keebaugh v. Warner Bros.

False Advertising 83

False Advertising Government Privacy Designs 83