Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. Ticketmaster, a 9th Circuit memo opinion from 2020 that I did not blog. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this.

Contracts 72

Contracts Law Reporting Blogging 72

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 117

Blogging Law Contracts Cease and Desist 117

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. RIPTwitter. * * * Most readers should stop reading the blog post here. Breach of Contract Twitter’s TOS bans scraping.

Litigation 86

Litigation Contracts Advertising Advertising 86

Technology & Marketing Law Blog

NOVEMBER 11, 2023

The rightsowner has trademark registrations for the tree-shaped outline: Armed with protectable rights in tree outlines, Car-Freshner has turned into a serial plaintiff, though this is my first time blogging them in-depth. I see potential legitimate trademark defenses for the design.

Trademark 93

Trademark Contracts Blogging Fair Use 93

Technology & Marketing Law Blog

JANUARY 10, 2024

The reality is that most websites are likely to have some 15-year-old users, even if the site isn’t designed to appeal to that audience. Ohio AG Yost claims the law is about contracts, not censorship, i.e., the law helps parents supervise the contracts their kids enter into. Yost , No. 2:24-cv-00047 (S.D. Kuklinski v.

Social Media 85

Social Media Law Contracts Designs 85

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. Obviously, Warner Bros. could have done better.

False Advertising 83

False Advertising Government Privacy Designs 83

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Rivals * MIT Technology Review : This new data poisoning tool lets artists fight back against generative AI (regarding “Nightshade”) Privacy * FTC v. Consumer Reviews * Route App, Inc.

Social Media 73

Social Media Privacy Advertising Advertising 73

Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. Gutman gave JLM the “exclusive” right to use her name in connection with bridal wear for the term of the agreement and two years following (provided she participated in the design of such clothing).

Social Media 90

Social Media Ownership Contracts Privacy 90

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. Comments to the CPPA’s Proposed Regulations Pursuant to the Consumer Privacy Rights Act of 2020, Aug. Comments on the California Consumer Privacy Rights Act (CPRA) Rulemaking , May 2022. Blog Posts. I’ve blogged 100+ posts so far this year.

Editing 89

Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy. ” OK boomer.

Privacy 91

Privacy Contracts Marketing Marketing 91

Technology & Marketing Law Blog

JANUARY 27, 2022

Some of the associated legal issues relevant to the blog: there have been questions about social media services’ role in helping the insurrectionists organize; and what, if any, legal consequences the services should face for that, or what new legal obligations should be imposed on them. Apple’s Client-Side Scanning Plans.

Social Media 127

Social Media Law Privacy Government 127

Technology & Marketing Law Blog

AUGUST 7, 2023

Meanwhile, product design is the real Section 230 battlefront today, and the Lemmon case is the flagship case for that line of litigation. Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. The chapter makes a nice module to add discussion about online contracts to another course. Contracts Meyer v.

Editing 52

Editing Law Contracts Privacy 52

Technology & Marketing Law Blog

JANUARY 24, 2024

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. The court explains: They describe steps in the process of fashion design and capture much (if not all) of the creative output that Gutman might produce in her role as a designer.

Social Media 80

Social Media Ownership Designs Design 80

IP Tech Blog

FEBRUARY 22, 2022

Subscription-based contracts are common. The CMA is particularly concerned about contracts that auto-renew onto a subsequent contract of one year or more, where the CMA considers that consumers especially require protection to prevent them from being locked into an unwanted contract.

Law 62

Law Contracts Business Marketing 62

Technology & Marketing Law Blog

MAY 2, 2022

Our blog post on the original Ninth Circuit ruling: “ Ninth Circuit Says LinkedIn Wrongly Blocked HiQ’s Scraping Efforts ”.). The court remains skeptical of LinkedIn’s privacy-based arguments: LinkedIn has no protected property interest in the data contributed by its users, as the users retain ownership over their profiles.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

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. Microsoft appeared first on Technology & Marketing Law Blog. But What If It Made a Mistake?–Deutsch

Contracts 89

Contracts Privacy Law Blogging 89

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

The plaintiffs claim it was a spoof app designed to steal cryptocurrency worth $5k in Diep’s case and $500k in Nagao’s case (ouch). “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. ” Oops.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

Technology & Marketing Law Blog

FEBRUARY 14, 2024

It isn’t clear if the estate tried some of the more modern Section 230 workarounds, such as negligent design. 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.

Contracts 74

Contracts Advertising Advertising Privacy 74

Kluwer Copyright Blog

APRIL 18, 2024

that allows a contracting party to limit the rights of a broadcasting organization from another contracting party when that contracting party provides fewer rights. If a 3 -step test is included, it could be designed to expand the flexibility, not shrink it. But the present draft clearly reaches such content. [2]

Public Domain 63

Public Domain Contracts Copyright Licensing 63

Technology & Marketing Law Blog

JULY 20, 2021

” The court explains: Airbnb’s screen used a simple design. Directly below the three buttons, it stated: “By signing up, I agree to Airbnb’s Terms of Service, Privacy Policy, Guest Refund Policy, and Host Guarantee Terms.” Still, looking at this design, I think Airbnb could easily make some minor tweaks to improve it.

Social Media 110

Social Media Designs Design Blogging 110

The IP Law Blog

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. . If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. We blogged this case twice before. Gutman opened both accounts after she entered into the employment contract with JLM. The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well.

Social Media 99

Social Media Ownership Branding Brands 99

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. It’s helpful to compare and contrast this case with a pair of cases I blogged about last year. Maryland enacted a social media privacy law in 2021.

Social Media 80

Social Media Contracts Ownership Business 80

SpicyIP

OCTOBER 11, 2022

Li : Privacy Law is a growing field of law, as is law related to artificial intelligence (AI). With the increased collection and use of data, privacy law comes to the forefront as something that is really important for law students and lawyers to know. There is an emerging concept of Technology Marketplaces. Don’t get me started.

IP 105

IP Law Intellectual Property Privacy 105

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 98

Artwork Trademark Publishing Marketing 98

Kluwer Copyright Blog

MAY 15, 2024

This blog post focuses on a balanced solution for the emerging problems on the input and output sides of generative Artificial Intelligence (AI), mostly from the perspective of U.S. It is arguably a matter of “law by design” (see here , here and here ). copyright law. However, this does not have to be the case.

Copyright 56

Copyright Fair Use Copyright Law Editing 56

Trading Secrets

JUNE 28, 2022

The new policy highlights the DOJ’s goal to promote privacy and cybersecurity by upholding the legal rights of individuals and network owners to ensure confidentiality and availability of information stored in their information systems.

Confidentiality 59

Confidentiality Privacy Contracts Blogging 59

IP Tech Blog

MARCH 21, 2022

Notably, a blockchain is designed to facilitate the raw data authentication issues. It plays the role of light node to transfer the data of smart infrastructure/devices to the blockchain network, which satisfies both privacy and transparency. This ensures the accuracy of the stored data.

Reporting 70

Reporting Privacy Technology Government 70

SpicyIP

JULY 27, 2021

It seeks to protect and expand the right to freedom of speech, right to dignity and equality, right to assembly and association, and the right to privacy in the digital age, through rigorous academic research, policy intervention, and capacity building. Researching and writing policy papers, op-eds, blog posts, press releases and memoranda.

Government 105

Government Editing Privacy Technology 105

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. In other words, the law simply wasn’t designed to redress the plaintiffs’ concerns.

Publishing 95

Publishing Government Contracts Law 95

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

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 5] The content creator reached out to the artist for a commissioned artwork which is a unique character design. 4] Andrew L. 6] Stuart D.

IP 52

IP Artwork Contracts Intellectual Property 52

IP and Legal Filings

MAY 29, 2022

Trade secrets uphold the secrecy of integral information of an enterprise relating to its strategies, programs, designs, patterns, or more. In this blog, you will learn about various provisions of the law which help in protecting trade secrets as well as the remedies available in case of misappropriation and infringement of same.

Contracts 52

Contracts Confidentiality Copyright Law Law 52

Intepat

JUNE 15, 2023

However, this flourishing industry brings forth a multitude of legal challenges, encompassing privacy concerns and intellectual property protection. Hence, the purpose of this blog is to delve into the significance of copyright protection, the limits of protection and the remedies against infringement. What is copyright protection?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

LexBlog IP

AUGUST 27, 2021

In Part I of this blog, we outline some of the key highlights of the Guidelines in respect of the controller and processor concepts and the implications of the controller to processor relationship. privacy notice, security standards, external audits etc.) Control can stem from law (e.g.

Contracts 52

Contracts Due Diligence Blogging Publishing 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

[Note: this blog post covers Rep. It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. Normally trademark owners aren’t third-party beneficiaries of that contract.

Trademark 137

Trademark False Advertising Advertising Advertising 137

LexBlog IP

JANUARY 12, 2023

Also, if the company has changed the graphic user interface to any of its technology products or has changed product packaging, point of sale displays, or product design, these may also be protectable trade dress. If a company conducts business internationally, it may have to adhere to the privacy laws of foreign countries.

IP 52

IP Intellectual Property Social Media Cease and Desist 52