The IPKat

APRIL 22, 2024

The European Patent Litigation Certificate (EPLC) is designed specifically for European patent attorneys in light of the particular needs of the profession. After successfully passing online and oral examinations, the participating patent attorneys will be awarded a certificate.

Intellectual Property Law 62

Intellectual Property Law Intellectual Property IP Litigation 62

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. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 85

Litigation Contracts Advertising Advertising 85

LexBlog IP

AUGUST 18, 2021

Whether it’s a seasoned designer coming with plug-and-play experience or a fresh face just out of design school, sometimes it just doesn’t work out. Recently, several of my designer clients have had to fire an employee due to the employee’s misconduct. Review the contract. Reconcile and pay. reportAd: {.

Advertising 86

Advertising Advertising Art Law 86

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 64

Public Domain Contracts Copyright Licensing 64

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 89

Privacy Contracts Marketing Marketing 89

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

NOVEMBER 11, 2023

I see potential legitimate trademark defenses for the design. Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front. I don’t understand the shirt’s message, but it clearly has a message unrelated to Car-Freshner’s trademark rights.

Trademark 91

Trademark Contracts Blogging Fair Use 91

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 79

Social Media Ownership Designs Design 79

LexBlog IP

FEBRUARY 22, 2022

Subscription-based contracts are common. They can become so-called ‘subscription-traps’ 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 52

Law Contracts Business Marketing 52

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 112

False Advertising Privacy Publishing Advertising 112

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 73

Contracts Advertising Advertising Privacy 73

Technology & Marketing Law Blog

MAY 2, 2022

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. With that said, the Ninth Circuit did some serious hand-waving on the privacy issues.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

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 116

Blogging Law Contracts Cease and Desist 116

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. 6] Stuart D. 2d 119 (2d Cir.

IP 52

IP Artwork Contracts Intellectual Property 52

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. Comments on CA AB 2273, The Age-Appropriate Design Code Act). NetChoice LLC v.

Editing 88

Editing Social Media Blogging Advertising 88

TorrentFreak

JULY 23, 2023

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

Privacy 136

Privacy IP Technology Reporting 136

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. The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had. Spartz, Inc.

Social Media 79

Social Media Contracts Ownership Business 79

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 78

Contracts Blogging Advertising Advertising 78

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

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 94

Publishing Government Contracts Law 94

TorrentFreak

OCTOBER 11, 2021

He has not transacted any business in Virginia or contracted to supply services or things in Virginia.” “Within 30 days of entry of this order, the Wicked Entities are ORDERED to use their best efforts to implement technological measures designed to prevent subscribers of the VPN.ht Looking at the VPN.ht PayPal Unfrozen.

Settlement 144

Settlement Technology IP Copyright 144

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. Contract Law- the supply regarding restraint of commerce in Section 27 of the Indian Contract Act makes this clear. Principles Of Equity- within the case of John Richard Brady And Ors.

Contracts 52

Contracts Confidentiality Copyright Law Law 52

LexBlog IP

FEBRUARY 22, 2022

Tangibly offers two distinct products: (1) a cloud-based platform that provides a dashboard where users can manage their assets and associated people and (2) a platform designed to make it easy for companies to execute and track NDAs. What contracts are protecting the asset? Have they been trained?

Contracts 52

Contracts Litigation Designs Design 52

43(B)log

AUGUST 12, 2022

Possible solutions to reduce cost/human hours: AI assistance should be designed to provide better understanding of appropriate context. Appropriation of Data-driven Persona Zahra Takhshid Should extend privacy to cover data about us. Data privacy as the new frontier. Misrecognition of audio and video may occur.

Privacy 59

Privacy Inventor IP Government 59

43(B)log

FEBRUARY 18, 2022

Goodman: Startup Law clinic: incorporation, TM, contract formation. FDA, HIPAA, privacy, patents, FAA drone rules, etc. Designed to make students feel that they have access to attorneys, separate from university. Contract w/MIT: obligated to help every student who comes to us. Gets you in and gets you started.

IP 61

IP Contracts Business Privacy 61

Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. 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. SF Design Group. Spartz, Inc.

Social Media 98

Social Media Ownership Branding Brands 98

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. Age-Appropriate Design Code.

Privacy 137

Privacy Designs Design Business 137

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 96

Artwork Trademark Publishing Marketing 96

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). The district court dismissed the complaint on the grounds that these designations were “non-actionable statements of opinion.” collectively.”

False Advertising 59

False Advertising Advertising Advertising Business 59

JIPEL Copyright Blog

NOVEMBER 16, 2021

The first is limited disclosure to potential users of the technology, through their participation in the design and assessment process, to help build ML models that diverse groups of people can use. Also, there must be recourse to address any privacy concerns of data subjects. And algorithmic accountability can come from transparency.

Contracts 45

Contracts Intellectual Property Technology Privacy 45

LexBlog IP

MARCH 15, 2022

Defendants are five former network salespeople of Belle Cosmetics, who plaintiff alleges, helped design and launch a competing product line for a company called Juvanae LLC. This will be an interesting case to follow, in particular what the court considers “reasonable efforts” with respect to materials posted in a Facebook group.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

LexBlog IP

AUGUST 27, 2021

where national law designates local authorities with the power to administer social welfare payments) but will more commonly be based on the organisation’s actual activities and functions in a specific situation. 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

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. ” What does the court want to see in the “to” field…? ” * Doe v.

Contracts 71

Contracts Law Reporting Blogging 71

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

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. A new frontier for a trade war.].

Trademark 136

Trademark False Advertising Advertising Advertising 136

Intepat

JUNE 15, 2023

However, this flourishing industry brings forth a multitude of legal challenges, encompassing privacy concerns and intellectual property protection. Despite the work being a creation of an individual/employee, they are considered to be work authored by the employer enforcing such a contract. What is copyright protection?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

LexBlog IP

JULY 31, 2023

Ideally, specialized business courts also promote consistent interpretations of commercial laws and contracts, thereby leading to more predictable outcomes. If a contract between parties to a Business Court case contains a venue provision, the jury trial will be held in the county designated by the contract.

Business 52

Business Contracts Government Law 52

The IPKat

JUNE 26, 2022

The event is designed to encourage interactive discussions among participants through panel debates, with each of them covering 4 or 5 key topics related to each specific sector. There will also be panels on CJEU and General Court case law, judicial approaches to parasitic competition, and international design protection strategies.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117