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. ” The three hyperlinks were in a blue font that stood out from the other grey font on the page. LEXIS 23688 (S.D.

Contracts 73

Contracts Advertising Advertising Privacy 73

The IPKat

FEBRUARY 12, 2024

Additionally, the website’s host provider BlueAngelHost stated on its website: Our servers are located in Offshore location (Bulgaria) which enable us to offer DMCA Ignored Hosting services, total privacy, data security, and wider range of accepted content. As of 17 February 2024, the DSA will partially amend the E-Commerce Directive.

Copyright Infringement 69

Copyright Infringement Copyright Art IP 69

Technology & Marketing Law Blog

MARCH 5, 2024

Indeed, there appears to be a pattern of ignoring the trademarks of the goods offered on its websites, as multiple well-known brands of products are being offered by third-party users for sale, apparently without license. Pixels.com, LLC , 2024 WL 885356 (W.D. Will it make magic again in this case on further proceedings?

Artwork 97

Artwork Trademark Publishing Marketing 97

Technology & Marketing Law Blog

MARCH 25, 2024

“Any failure by Brandwatch to secure the Licensed Materials was a precondition to CCDH’s access.” March 25, 2024) The post Court Says Twitter Misused Litigation to Punish Defendants for Their Speech–X v. ” (I didn’t follow this part so well either). Case Citation : X Corp. 3:23-cv-03836-CRB (N.D.

Litigation 86

Litigation Contracts Advertising Advertising 86

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. Five of the divisions serving urban centers—Dallas, Austin, Houston, Waco, and San Antonio—will become effective September 1, 2024.

Business 52

Business Contracts Government Law 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

SpicyIP

MAY 6, 2024

Novartis appeal and the MHC’s decision in Microsoft Technology Licensing v. The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Controller of Patents. Anything we are missing out on?

Trademark 59

Trademark Invention Licensing Patent 59

Technology & Marketing Law Blog

JUNE 14, 2024

June 7, 2024) * * * The October 2023 State Court Opinion Denying the Social Media Defendants’ Motion to Dismiss the Minors’ Claims [I’m now going to share my “raw” 3k word draft of my blog post on this court’s October 2023 refusal to dismiss the teenagers’ cases. Superior Ct. Snap and Dyroff.]

Social Media 62

Social Media Publishing Designs Design 62

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

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

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

JANUARY 23, 2024

— Simply put, consumers in 2024 have two options: 1) acquiesce to a systemic regime that requires them to waive their constitutional rights with every online transaction, or 2) have no access to the world of digital commerce, or even to access services that have an online or digital component. But the fact that some do is appalling.

Contracts 79

Contracts Blogging Advertising Advertising 79

Technology & Marketing Law Blog

JANUARY 10, 2024

9, 2024) Selected Related Blog Posts * Louisiana’s Age Authentication Mandate Avoids Constitutional Scrutiny Using a Legislative Drafting Trick–Free Speech Coalition v. Bonta * Two Separate Courts Reiterate That Online Age Authentication Mandates Are Unconstitutional * Do Mandatory Age Verification Laws Conflict with Biometric Privacy Laws?–Kuklinski

Social Media 84

Social Media Law Contracts Designs 84

Technology & Marketing Law Blog

JANUARY 25, 2024

2024 WL 251406 (N.D. 23, 2024) The short version of the facts are as follows: Bright Data, headquartered out of Israel, is one of the largest web-scraping companies in the world. He’s going out of his way to enable them–despite the broad-scale movement elsewhere to crack down on data brokers and enhance consumer privacy.

Blogging 71

Blogging Contracts Cease and Desist Confidentiality 71

IP Tech Blog

OCTOBER 12, 2023

This problem has dogged efforts to pass federal data privacy and, more recently, cryptocurrency legislation. Of course, partisan approaches to AI policymaking also exist. Senators Richard Blumenthal (D-Connecticut) and Josh Hawley (R-Missouri) are likewise seeking to move AI legislation forward at a faster pace.

Technology 62

Technology Due Diligence Privacy Government 62

LexBlog IP

OCTOBER 12, 2023

In September, the Democratic chair and top Republican on the Senate Judiciary Subcommittee on Privacy, Technology and the Law outlined legislation that would create an independent oversight agency for artificial intelligence technologies and require companies creating high-risk applications to register with the new body.

Technology 52

Technology Due Diligence Government Privacy 52