Technology & Marketing Law Blog

DECEMBER 6, 2022

In spring 2021, hiQ Labs had its motion to dismiss denied on LinkedIn’s misappropriation, breach of contract, and trespass to chattels claims. Breach of Contract. LinkedIn’s User Agreement includes a provision that warns users that public data may be copied and used by others. On November 4th (spoiler alert!) The opinion.

Blogging 76

Blogging Contracts Litigation Law 76

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. Bonne chance.”).

Contracts 92

Contracts Social Media Advertising Advertising 92

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Here, the Court has already found that Bar-Z had a legal right to interfere with App Star’s contracts with the chambers of commerce.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

Trading Secrets

FEBRUARY 27, 2024

We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB. In response, the company filed a lawsuit against the now-former employee, alleging breach of contract, breach of fiduciary duty, and misappropriation of trade secrets.

Confidentiality 64

Confidentiality Settlement Contracts Business 64

The IPKat

MAY 12, 2023

They develop, market and sell statistical process control (SPC) software and gauge management software. Mr Aughton denied this and said that the copyright in ProSPC belonged to him because it was written as a hobby project outside his employment and, in any event, he did not copy ProSPC by any means (automatic translation or otherwise).

Copyright Infringement 67

Copyright Infringement Copyright Confidentiality Copying 67

The IP Law Blog

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone.

Contracts 96

Contracts Law Artwork Copyright 96

43(B)log

DECEMBER 7, 2023

Things eventually went bad, resulting in contract/trade secret claims and copyright/ROP counterclaims. Because of Bartlett’s popularity, McCandless used her, among other personalities, to market his services and asked her to provide a “testimonial” video for him to use, which she provided and he posted to his Instagram.

Web Development 59

Web Development Social Media Copying Copyright 59

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

Technology & Marketing Law Blog

MAY 2, 2022

They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy.”. __. ” After 5 years of litigation, we still don’t know the answer to this important question.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

LexBlog IP

FEBRUARY 27, 2024

We also noted that this theory could wreak havoc on routine employee departure litigation by creating a turf war between the court system and the NLRB. In response, the company filed a lawsuit against the now-former employee, alleging breach of contract, breach of fiduciary duty, and misappropriation of trade secrets.

Confidentiality 52

Confidentiality Settlement Contracts Business 52

Technology & Marketing Law Blog

AUGUST 31, 2021

” Factor four : The court acknowledges that a market exists for plaintiff’s photos, but the transformative nature of defendant’s use “mutes” the degree of market substitution. Factor three : The entirety of the work was copied. Philpot is a serial litigant. McGucken is appealing the ruling against him.

Fair Use 129

Fair Use Journalism Licensing Marketing 129

Fish & Richardson Trademark & Copyright Thoughts

APRIL 28, 2022

Without a comprehensive trade secret strategy, trade secret owners risk the loss of their intellectual property assets and expose themselves to the risk of trade secret misappropriation litigation. Such unauthorized use of another company’s intellectual property assets can expose a company to trade secret misappropriation litigation.

Confidentiality 52

Confidentiality Intellectual Property Contracts Litigation 52

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. This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. A New 512(f) Plaintiff Win! So what did it win?

Registration 111

Registration Fair Use Copyright Designs 111

LexBlog IP

JULY 5, 2023

In 2011, Hydronic began reverse-engineering Hetronic parts and contracted new suppliers to source them. When Abitron purchased Hydronic in 2014, they began selling products identical to Hetronic’s remote controls in foreign markets with the recognizable black-and-yellow coloring. if] such use is likely to cause confusion.”

Trademark 52

Trademark Marketing Marketing Contracts 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? Implied-in-Law Contract/Unjust Enrichment. WhenU concluded that trademarks was a dead-end. ” Wait, what?

Licensing 88

Licensing Copyright Contracts Advertising 88

Technology & Marketing Law Blog

APRIL 6, 2022

As the court notes in a footnote, Instagram has changed its policy since the onset of the litigation. Whether Instagram granted Newsweek an implied sublicense : An implied license exists where someone (1) creates content (2) at another’s request and (3) handed it over, intending the other party copy and distribute it. United Sports.

Licensing 114

Licensing Fair Use Blogging Copyright 114

43(B)log

SEPTEMBER 21, 2021

3, 2021) The plaintiffs were a law firm that handles landlord-tenant actions, a non-profit corporation that assists pro se litigants in housing court matters, and a tenant advocate and organizer. The contract specifically didn’t guarantee updates and provided for invoices for any supplements if and when they became available. “It

Editing 45

Editing Contracts Copying Law 45

LexBlog IP

DECEMBER 2, 2021

Shi then left Elation to start a business marketing “similar, if not identical software” using replicated source code. Under California Civil Code section 3360, “[w]hen a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages.” ’” (Quoting Sweet v.

Confidentiality 52

Confidentiality Settlement Publishing Contracts 52

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. In re: StubHub Refund Litigation , No. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. This legal standard ensures lots of meritless litigation.

Contracts 72

Contracts Law Reporting Blogging 72

43(B)log

OCTOBER 8, 2021

K&K claimed rights relating to Evel Knievel, including trademarks, copyrights for audio/visual works, right to publicity, existing licenses, contracts, and common law rights. The toy came with a red “energizer”, which wound up the toy to be released.

Advertising 59

Advertising Advertising Social Media Licensing 59

43(B)log

APRIL 18, 2023

VPX argued that Monster didn’t show irreparable harm because: (1) the harms are purely economic; (2) VPX “abandoned any marketing focus on Super Creatine or creatine” before the jury rendered its verdict; and (3) VPX’s remediation obviates the need for an injunction. Are lost prospective customers and market share purely economic harms?

False Advertising 72

False Advertising Advertising Advertising Social Media 72

Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

MSMEs foster innovation by nurturing aspiring entrepreneurs, encouraging the development of innovative goods that enhance market competitiveness and fuel sustained growth. ZED Certification Scheme availability, signifying quality adherence and enhancing market credibility.

Settlement 52

Settlement Intellectual Property Registration Designs 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. The nodes authenticate transactions, add the data to their copy of the common ledger and transfer the ledger additions to all other nodes.

Technology 52

Technology Patent IP Invention 52

Trading Secrets

DECEMBER 21, 2021

It is only by keeping up with the newest laws and court pronouncements that litigants can hope to prevail in this ever-changing landscape. Legislation such as anti-SLAPP laws can have a dramatic impact on a litigant’s ability to bring or defend a claim. Vast majority of cases involve misappropriation by electronic means.

Confidentiality 69

Confidentiality Law Contracts Business 69

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. Biosimilar Approvals and Launches in 2020. Conclusion.

Settlement 52

Settlement Litigation Marketing Marketing 52

LexBlog IP

DECEMBER 21, 2021

It is only by keeping up with the newest laws and court pronouncements that litigants can hope to prevail in this ever-changing landscape. Legislation such as anti-SLAPP laws can have a dramatic impact on a litigant’s ability to bring or defend a claim. Vast majority of cases involve misappropriation by electronic means.

Confidentiality 52

Confidentiality Law Contracts Business 52

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. The Ninth Circuit fixes that obvious error, saying the chattel in question “are the copies of Plaintiffs’ websites.” The “copies” in question are not copies in the abstract sense.

Copying 75

Copying Ownership Derivative Work Contracts 75

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Those requirements will impose huge compliance costs, but those investments won’t prevent online marketplaces from being dragged into extraordinarily expensive and high-stakes litigation over eligibility for this defense. Normally trademark owners aren’t third-party beneficiaries of that contract. eBay rejected.

Trademark 136

Trademark False Advertising Advertising Advertising 136

43(B)log

AUGUST 5, 2021

Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. Mark McKenna: Another explanation was maybe these bespoke regimes weren’t addressing actual problems; overrepresentation of people w/specific litigation interests.

IP 45

IP Invention Designs Design 45

Trading Secrets

JUNE 3, 2022

The district court reasoned that plaintiff needed to demonstrate that the corporate defendant copied plaintiff’s project in order to satisfy the “use” requirement under the DTSA. 16, 2021), the plaintiff alleged that the defendant used the plaintiff’s manufacturer drawings to unfairly compete in the airplane parts market. 3d 1364 (Fed.

Law 59

Law Confidentiality Designs Design 59

Kluwer Copyright Blog

JUNE 27, 2023

There is no indication of the permitted “extraction” from databases (only reproduction of works), nor does the new article establish a specific quantitative duration of retention of the copies (for “as long as it is necessary for the text and data mining activities, including their verification”). 19 CDSM Directive.

Art 103

Art Contracts Publishing Licensing 103

43(B)log

FEBRUARY 24, 2021

Apparently Consumer protection agency called Sephora to clarify the situation—there was no litigation. Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. NY, DC, WA are considering similar taxes so it’s a trend to watch.

Advertising 40

Advertising Advertising Law Privacy 40

Kluwer Copyright Blog

AUGUST 22, 2023

contracts) may play a decisive role in the final allocation of rights and obligations. Although not an uncommon solution in contract drafting, this provision does not help to bring clarity in a crucial area such as scientific research. Even though the user is allowed to copy, download and “otherwise use” the Content, Section 6.1

Publishing 98

Publishing Art Licensing Copying 98

Technology & Marketing Law Blog

JUNE 20, 2023

Similarly, when an artist lawfully creates a derivative work based on a photograph, and copies of that derivative work are reproduced and distributed to the public, ordinarily the owner of copyright in the photograph and the owner of copyright in the derivative work are entitled to royalties. . 36, because remote controls did not exist.)

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

Traverse Legal Blog

APRIL 1, 2021

In this Tech Law Radio podcast, NFT attorney Enrico Schaefer talks about legal issues which are already being litigated by lawyers in the NFT marketplace. A non-fungible token allows you to put a smart contract onto the blockchain that is unique unto itself. There’s going to be litigation around these NFT marketplace issues.

Non-Fungible Tokens 98

Non-Fungible Tokens Artwork Contracts Due Diligence 98