Technology & Marketing Law Blog

MAY 2, 2022

CFAA : The key question is whether hiQ’s continued access following receipt of LinkedIn’s cease-and-desist letter was “without authorization” under the CFAA. Yet, the dispute is still very heavily litigated in the district court (while the Ninth Circuit was mulling over its ruling in light of Van Buren ). Eric’s Comments.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. Ryanair has a long history of litigating against OTAs in Europe and the United States. It previously litigated against Expedia in Washington. Needless to say, it didn’t stop.

Blogging 87

Blogging Cease and Desist Business Litigation 87

IP Tech Blog

NOVEMBER 29, 2023

The twists and turns of the case have some fun details, including Plaintiff demanding $10 million from Netflix in a pre-filing cease and desist letter (Netflix declined to pay), but we will focus on the legal issues. The picture showing the tattoo was part of an 8-photo display that was on screen for approximately 2.2

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. Diebold from 2004, which led to a $125k damages award.

Registration 111

Registration Fair Use Copyright Designs 111

Technology & Marketing Law Blog

DECEMBER 13, 2023

In that case, Judge Easterbrook wrote, in finding that a “shrinkwrap” license was enforceable against the defendant: But are rights created by contract “equivalent to any of the exclusive rights within the general scope of copyright”? If nothing else, litigants know where they stand in these jurisdictions.

Blogging 79

Blogging Copyright Contracts Cease and Desist 79

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content. It’s user-generated content.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

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. And most website-scraper interactions don’t fit within those scraper-litigation patterns. Just ask BrandTotal.

Blogging 117

Blogging Law Contracts Cease and Desist 117

IIPRD

JANUARY 23, 2023

It further expanded its domain as a manufacturer by establishing a market for its self-made products such as kindle for e-book services, audiobook and ‘cloud computing’ web storage services. This assist if a situation of litigation arises. [9] Amazon acted as the medium between them and the retailers.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

Copyright Lately

AUGUST 2, 2022

Netflix could have sent Barlow & Bear a cease and desist letter hand-delivered by Regé-Jean Page. Justice Ginsburg upheld the precise “wait and see” approach to copyright litigation adopted by Netflix: It is hardly incumbent on copyright owners. Was it a license on the world’s greatest terms?

Music 104

Music Derivative Work Fair Use Cease and Desist 104

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks perform the following functions- Trademark or logo helps identify the goods and services easily: A trademark serves as a means of identification for a certain brand, corporation, or other entity, allowing it to be clearly distinguished from the other brands on the market. This will prevent any third party from using their mark.

Business 52

Business Trademark Registration Cease and Desist 52

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Sometimes marketing departments and independent divisions spin out valuable intellectual property assets that, for one reason or another, never made it past the desk of general counsel or a responsible executive.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. Meta sent Bright Data a series of cease-and-desist notices telling it to stop.

Blogging 105

Blogging Cease and Desist Contracts Marketing 105

Technology & Marketing Law Blog

JANUARY 25, 2024

LinkedIn case, which up until now was the most important case in the history of US web-scraping litigation. Bright Data claims that it was using its Facebook and Instagram accounts for marketing purposes and was never logged in to its accounts when scraping. He presided over the famous hiQ Labs v. – Given the Register.com v.

Blogging 71

Blogging Contracts Cease and Desist Confidentiality 71

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

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Non-Fungible Tokens Social Media Contracts Branding 52