43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith.

Advertising 64

Advertising Advertising Settlement Contracts 64

LexBlog IP

DECEMBER 28, 2021

data privacy : what businesses NEED TO know. Keeping pace with the state of data privacy and data privacy regulations is becoming a pressing responsibility for businesses in the digital age. Data privacy legislation is on the rise, with jurisdictions adopting stricter protective measures on a national and global front.

Privacy 52

Privacy Government Intellectual Property Business 52

IPilogue

JANUARY 11, 2023

Ivana Peloza is a 3L JD Candidate at Osgoode Hall Law School. IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. This article was written as a requirement for Prof.

Journalism 80

Journalism Privacy Contracts IP 80

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. 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.

Litigation 85

Litigation Contracts Advertising Advertising 85

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff sued HDR for ECPA and common law privacy violations. Plaintiff had no authority over the Groups’ privacy settings and no voice in the screening process used to determine membership. For similar reasons, the common law claim fails. The court rejects both claims. ” Intrusion Into Seclusion. Or even 900+?

Privacy 134

Privacy False Advertising Contracts Advertising 134

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. The law related to web scraping is far too nuanced to make such a declarative statement. If you said or implied that the CFAA is the only law that governs web scraping. Don’t worry! You’re not alone.

Blogging 116

Blogging Law Contracts Cease and Desist 116

The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. Paragraph 31].

Privacy 97

Privacy Personality Rights Advertising Advertising 97

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. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E. ML Genius v.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Oof. BrandTotal sought summary judgment that Section 3.2.3

Contracts 104

Contracts Privacy Social Media Advertising 104

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. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

LexBlog IP

JULY 26, 2023

Two key laws governing e-commerce in the UAE are Federal Law No. 15/2020 Consumer Protection Law and Federal Decree-Law No. In this article, we will delve into the key provisions of these laws and their implications for e-commerce businesses in the UAE. Federal Decree-Law No.

Business 52

Business Advertising Advertising Contracts 52

LexBlog IP

JULY 8, 2022

This month’s issue of Ping® highlights recent changes in State laws in Illinois and New York. In addition, 21 other states, including Michigan, have no title laws or permitting authority for interior designers at all. Illinois: Legislation relating to Registration & the Scope of Practice of Interior Designers. .”

Designs 52

Designs Design Law Contracts 52

IP and Legal Filings

NOVEMBER 23, 2023

Through various proceedings from the Court of law, Publicity rights are inherent in Articles 19 and 21 of the Constitution of India. [i] iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit.

Intellectual Property 99

Intellectual Property Privacy Branding Brands 99

Technology & Marketing Law Blog

FEBRUARY 14, 2024

A rare case analyzing Section 230’s intersection with admiralty law. MySpace case from 2008 and its progeny (assuming the Doe case is still good law in the Fifth Circuit, which isn’t guaranteed ). The case involves GetMyBoat, an online marketplace for boat rentals. A boating accident led to Lindsey’s tragic death.

Contracts 73

Contracts Advertising Advertising Privacy 73

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. Then, due to some personal circumstances [FN], I moved my Internet Law course from Fall to Spring this academic year, so I’m not teaching this Fall either. Regulation of Political Advertising (2022 Edition).

Editing 88

Editing Social Media Blogging Advertising 88

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

Contracts 83

Contracts Privacy Blogging Litigation 83

LexBlog IP

OCTOBER 1, 2021

The law goes into effect January 1, 2022 and amends the Freedom to Work Act (the Act), which restricts the use of non-compete agreements for low wage workers. The law will apply to non-compete and non-solicit covenants. Contract lawyers know that to be enforceable a promise must be supported by consideration. Application.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

Technology & Marketing Law Blog

JULY 19, 2023

In my Internet Law courses, my Gen Z students intuitively understand that contrasting blue text in a call-to-action is a hyperlink, even without underlining. The cumulative effect of these textual and organizational design choices is to de-emphasize references to the Terms and Privacy Policy, rendering them inconspicuous.

Privacy 89

Privacy Contracts Marketing Marketing 89

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service. & Prof. Section 230.

Contracts 92

Contracts Social Media Advertising Advertising 92

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

“plaintiffs’ computer fraud and privacy claims are based on Apple’s reproduction of an app, Toast Plus, intended for public consumption, via the App Store. Exclusions for Federal Criminal Law. False Advertising. ” This is a highly defense-favorable reading of the contract provision. ” Oops.

False Advertising 112

False Advertising Privacy Publishing Advertising 112

IPilogue

JULY 28, 2021

Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . These are just some of the words that Hadiya Roderique ’s Black on Bay Street self portrait emphasizes for a first-generation Black law student like myself. The Bay has since removed the image from all advertising. Influential. The Legal Side.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

Technology & Marketing Law Blog

JULY 26, 2023

In addition to providing Chegg’s for-pay services online for free, Homeworkify has used and continues to use Chegg’s name in Google Advertising. 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. Based on the complaint, Chegg v.

Cease and Desist 85

Cease and Desist Blogging Contracts Privacy 85

43(B)log

FEBRUARY 22, 2022

Previously, the court denied Robinhood’s motion to dismiss claims for negligence and violations of the California Consumer Privacy Act (CCPA), the constitutional right to privacy, and the unlawful and unfair prongs of the Unfair Competition Law (UCL). Was it plausible that plaintiffs relied on the Financial Privacy Notice?

Privacy 52

Privacy Contracts Law False Advertising 52

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. I thank the court for this opportunity to testify. Section 230.

Publishing 94

Publishing Government Contracts Law 94

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Another possibility is that Amazon will be the only player able to comply with the law, in which case the law entrenches an insurmountable competitive moat around Amazon’s marketplace). In other words, the law will produce outcomes that are directly opposite to what we want from Congress.

Trademark 136

Trademark False Advertising Advertising Advertising 136

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well.

Social Media 98

Social Media Ownership Branding Brands 98

IP and Legal Filings

AUGUST 19, 2022

The company bases its entire business model on the purchase of such a database and earns money from advertising, royalties, or client payments. In the Indian scenario, protection: India does not have a separate database protection law as the European Union does. Picture Credit: Shutterstock]. LinkedIn.

Copyright 52

Copyright Database Right Privacy Technology 52

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). The dissent thought the state law claims should also have failed. It’s still subjective! Enigma Software Grp. USA, LLC v. Malwarebytes, Inc.,

False Advertising 59

False Advertising Advertising Advertising Business 59

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. Or loudly enough.

Contracts 78

Contracts Blogging Advertising Advertising 78

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. The VPN review business is flourishing as well.

Privacy 137

Privacy IP Technology Reporting 137

The IPKat

DECEMBER 13, 2022

The court’s decision was hinged on the fact that the applicant had misrepresented to the respondent that there was a name change when in fact, the company with whom the respondent had earlier contracted was liquidated. As part of the ruling, the judge ordered MCSK to register afresh with KECOBO in accordance with copyright law.

Copyright 120

Copyright IP Music Ownership 120

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

Kluwer Copyright Blog

JANUARY 26, 2022

Besides, creators can benefit from smart contracts and determine that a certain percentage of the sales price goes to the original creator each time the work is resold. Blockchain-powered timestamps coupled with smart contracts could help address complex copyright and other IP-related problems (patents, trademarks, etc.)

Ownership 117

Ownership IP Non-Fungible Tokens Technology 117

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

OCTOBER 5, 2021

Life Spine contracted with Defendant Aegis Spine to distribute the device only to medical facilities nationwide and to keep Life Spine’s confidential information secret and use the confidential information only in furtherance of the business relationship. Plaintiff Life Spine, Inc.

Confidentiality 52

Confidentiality Patent Contracts Intellectual Property 52

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52