Remove Business Remove Cease and Desist Remove Contracts Remove Licensing
article thumbnail

Chegg Is Likely to Prevail on Its Anti-Scraping CFAA Claim…But Doesn’t Get an Injunction–Chegg v. Doe (Guest Blog Post)

Technology & Marketing Law Blog

Cases where someone is pilfering data and/or ripping off someone’s business wholesale, and the only question is which claims will be used to take them down. But if defendant scraped all the data before getting a cease-and-desist letter and while it still had valid access, no degree of subsequent misuse creates a CFAA claim.

article thumbnail

Copyright Concerns When Using Others to Create Content

Erik K Pelton

Because, of course, if the content is on your business’ website or social media, it’s ultimately the business that’s going to be responsible for any issues or problems or disputes. First, contracts. Make sure you have proper contracts. I want to talk about two types of issues to think about.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Role of Intellectual Property in Entertainment Industry

IIPRD

We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book. Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill.

article thumbnail

TOS Supports Injunction Against Web Scraping–Southwest Airlines v. Kiwi

Technology & Marketing Law Blog

It sent Kiwi cease and desist letters and has implemented security measures, but “Kiwi has continued to hack the Southwest website and sell Southwest flights without permission.”. Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. AcademyOne. Eventbrite. Power Ventures.

article thumbnail

Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

article thumbnail

Are Your Publicity Rights Protected for the AI Surge?

Traverse Legal Blog

Licensing Publicity Rights: A Lucrative Yet Risky Venture Many have sought to get ahead of the curve and capitalize on their publicity rights with AI. Some influencers have contracted away their rights to their likeness for AI simulation, possibly in exchange for lucrative deals. Act Now Don’t let AI catch you unprepared.

article thumbnail

Enforcing Your Intellectual Property Rights: All You Need To Know

Larson & Larson

However, you can stop infringement through the following: Use a Cease and Desist Letter. A lawyer can help you draft and send a cease and desist letter. The purpose of this document is to notify the other party that a conflict between your IP rights and their business activity exists. Bottom Line.