LexBlog IP

OCTOBER 18, 2021

In the October edition of our Privacy and Security Roundup , we dive into the latest details surrounding OFAC’s efforts to stifle ransomware attacks, how organizations should carefully assess the new Personal Information Protection Law in China, the new EU Standard Contractual Clauses requirement effective Sept. 27, and more.

Privacy 52

Privacy Law Business Editing 52

Kluwer Copyright Blog

APRIL 15, 2024

Reddit or X (Twitter) data for ChatGPT) and which try to ban AI data scraping via technical tools and contractual terms (see class action against OpenAI for privacy and copyright infringement). EU Digital Market Act and competition laws that force access to certain data, see below).

Licensing 103

Licensing Social Media Contracts Privacy 103

The IP Law Blog

MAY 4, 2023

Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. Epic has three primary lines of business: it’s a video game developer, it’s the parent company of the gaming-software developer, and it’s a video game publisher/distributor.

Marketing 98

Marketing Marketing Privacy Contracts 98

IP Tech Blog

FEBRUARY 22, 2022

Subscription-based contracts are common. They provide certain benefits to businesses, such as offering predictable revenue. Following this investigation, the CMA released new practical Guidance ( Guidance ) for businesses offering subscription services, which is based on the CMA’s interpretation of consumer law.

Law 62

Law Contracts Business Marketing 62

Technology & Marketing Law Blog

MARCH 25, 2024

It’s a reminder of why Twitter will never be profitable again (it’s dissipating its cash on wasteful litigation instead of building a non-cesspool business), and that check will be yet another embarrassing confirmation of Musk’s hypocrisy and fragile ego. Breach of Contract Twitter’s TOS bans scraping.

Litigation 84

Litigation Contracts Advertising Advertising 84

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Technology & Marketing Law Blog

JUNE 9, 2022

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 103

Contracts Privacy Social Media Advertising 103

Intellectual Property Law Blog

OCTOBER 30, 2023

The Executive Order covers several important issues but fails to address other significant issues.

Privacy 130

Privacy Government Copyright Technology 130

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. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Technology & Marketing Law Blog

JULY 26, 2023

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. (for 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.

Cease and Desist 85

Cease and Desist Blogging Contracts Privacy 85

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. 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.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

LexBlog IP

FEBRUARY 22, 2022

Subscription-based contracts are common. They provide certain benefits to businesses, such as offering predictable revenue. Consumer law aims to protect consumers against unfair contract terms and notices. It is intended to reflect what a reasonable person should be able to expect from a fair dealing business.

Law 52

Law Contracts Business Marketing 52

Technology & Marketing Law Blog

MAY 2, 2022

It also sidesteps the dispute regarding whether hiQ is still in business. 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. Can LinkedIn enjoin hiQ’s scraping on non-CFAA grounds?

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. While certain attributes of the accounts made it unclear as to whether they were personal or business-focused accounts, the evidence was clear that the accounts were used extensively by JLM or by Ms. Gutman in her role as an employee of JLM.

Social Media 97

Social Media Ownership Branding Brands 97

IP and Legal Filings

NOVEMBER 23, 2023

This Act explains the significance of support when it comes to the enrollment of trademarks for the matter of Publicity or Privacy, and The Copyrights Act 1957 [iv] defines word “performer” as an actor, singer, musician, dancer, acrobat and juggler etc. Hence Cristiano Ronaldo’s Publicity rights were bagged by Mint Media for 6 years.

Intellectual Property 96

Intellectual Property Privacy Branding Brands 96

Technology & Marketing Law Blog

MARCH 10, 2022

As alleged in the complaint, plaintiffs operated a bakery known as “La Baguette,” and hired defendants to manage aspects of the business. Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. It had approximately 4,000 followers.

Social Media 79

Social Media Contracts Ownership Business 79

LexBlog IP

MAY 4, 2023

” Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. Epic has three primary lines of business: it’s a video game developer, it’s the parent company of the gaming-software developer, and it’s a video game publisher/distributor.

Marketing 52

Marketing Marketing Privacy Contracts 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. As with most things, the rules that apply to Google might not apply to your business. Just ask BrandTotal.

Blogging 115

Blogging Law Contracts Cease and Desist 115

LexBlog IP

JANUARY 7, 2022

Data privacy concerns for businesses are on the rise, and organizations need to be prepared for the growing threat and response. A company’s obligations for notification of data breaches varies by jurisdiction, industry, role (business/data controller or service provider/data processor), and the impact of a data breach.

Privacy 52

Privacy Intellectual Property Contracts Business 52

IP and Legal Filings

MARCH 10, 2023

[i] The primary objective behind such a regulation is to deal with new and emerging challenges in digital lending landscape such as unbridled engagement of third parties, mis-selling, breach of data privacy, unfair business conduct, charging of exorbitant interest rates, and unethical recovery practices used by lending platforms.

Privacy 75

Privacy Marketing Marketing Reporting 75

Technology & Marketing Law Blog

OCTOBER 11, 2021

Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. Southwest relied on its breach of contract claim when requesting an injunction. Interesting Database Scraping Case Survives Summary Judgment–Snap-On Business Solutions v. AcademyOne. Eventbrite. Power Ventures.

Cease and Desist 111

Cease and Desist Contracts Trademark Blogging 111

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 started practicing Internet Law in 1994 and first started teaching Internet Law in 1996.

Publishing 93

Publishing Government Contracts Law 93

IP Tech Blog

MARCH 18, 2022

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. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners. Also consider international markets.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * “ Privacy. * Defendants also argue that May inadequately alleges that she is a “customer,” and that Defendants constitute “businesses,” under the CCPA. Moreover, the May complaint plausibly alleges that Defendants meet the definition of “businesses” under the CCPA. Comptroller , No.

Privacy 97

Privacy Marketing Marketing Social Media 97

LexBlog IP

OCTOBER 30, 2023

The Executive Order covers several important issues but fails to address other significant issues.

Privacy 52

Privacy Government Intellectual Property Copyright 52

LexBlog IP

MAY 9, 2022

In fact, the labor market is so fluid that pundits and experts often refer to it as the “Great Resignation.” For example, many employers do not know they may still be liable for interference with an unenforceable contract when hiring an employee subject to a restrictive covenant like a non-compete. Progressive N.

Contracts 52

Contracts Law Marketing Marketing 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 77

Contracts Blogging Advertising Advertising 77

LexBlog IP

MARCH 18, 2022

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. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

The IPKat

SEPTEMBER 3, 2022

Chapter 4, ‘Imperial copyright and its costs’, focuses on how copyright came to be exploited internationally, leading to the division of publishing markets into two spheres ruled from London and New York. Chapter 6, ‘Why does a gramophone maker deserve a copyright?

Copyright 95

Copyright Music Intellectual Property Marketing 95

Technology & Marketing Law Blog

DECEMBER 17, 2021

It is incorporated in Delaware, with its principal place of business in New York, New York.” Xandr places third-party cookies and uses it to track users and collect personal information about them, which it then shares with its business partners. maybe the US court will be more pro-consumer/less business-tilted than UK courts?

Litigation 103

Litigation Business Law Marketing 103

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. The VPN review business is flourishing as well. 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.

Privacy 137

Privacy IP Technology Reporting 137

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

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Verify the third-party seller’s identity, principal place of business, and contact information through “reliable documentation, including to the extent possible some form of government-issued identification.” Normally trademark owners aren’t third-party beneficiaries of that contract. Who Cares About Privacy?

Trademark 135

Trademark False Advertising Advertising Advertising 135

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

LexBlog IP

SEPTEMBER 15, 2021

To receive such spillover assignments, Aya (a competitor who also provides temporary nursing services) signed a contract with AMN in 2010 and included in that agreement was a non-solicitation provision prohibiting Aya from soliciting or “poaching” AMN’s employees. §§1, 2 and related California state law claims.

Marketing 52

Marketing Marketing Contracts Law 52

Herbert Smith Freehills

AUGUST 2, 2022

At the same time, the rules of the game have changed: the nature and scope of dawn raid inspections are evolving and businesses must act now to keep pace. FTI Consulting is a market-leading global consultancy that has assisted clients with many of the world's largest, highest-profile antitrust investigations.

Editing 52

Editing Privacy Business Technology 52

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.

Intellectual Property 52

Intellectual Property Marketing Marketing Technology 52