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. In recent times, globally more and more patent applications are being filed for blockchain technology. However, are the blockchain technologies really patentable?

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. In recent times, globally more and more patent applications are being filed for blockchain technology. However, are the blockchain technologies really patentable?

Technology 52

Technology Patent IP Invention 52

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

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

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. Meta appeared first on Technology & Marketing Law Blog. The contributory trademark infringement claim survives a motion to dismiss. Meta Platforms, Inc.

Trademark 92

Trademark Contracts Blogging Fair Use 92

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

TorrentFreak

OCTOBER 11, 2021

They obtained a temporary restraining order that required PayPal to freeze the assets of VPN.ht’s operating company Wicked Technology Limited. This order was a major setback for Wicked Technology and its owner, an Algerian citizen named Mohamed Faouani, who hoped to turn things around. Fights, then Settles. Looking at the VPN.ht

Settlement 143

Settlement Technology IP Copyright 143

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

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

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

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

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

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. ” What user interactions or technological restrictions are sufficient to create a “permission requirement”?

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

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

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

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

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. Christou v.

Social Media 79

Social Media Contracts Ownership Business 79

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

JIPEL Copyright Blog

MARCH 9, 2022

A collaboration between the AGO and Toronto-based digital artist Alex Mayhew, ReBlink sought to exploit cutting-edge technology to provide AGO visitors an opportunity to experience its Canadian and European Collections in an entirely new way. There are clear advantages to the use of these technologies in the museum context.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

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 97

Artwork Trademark Publishing Marketing 97

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. Christou v.

Social Media 98

Social Media Ownership Branding Brands 98

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 137

Privacy IP Technology Reporting 137

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

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. Both these disclosure strategies lead to an overall fairer, more accurate, and more reliable technology.

Contracts 45

Contracts Intellectual Property Technology Privacy 45

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

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

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. The conference sessions will address in particular how sustainability and new technologies will shape the future of brands.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

43(B)log

AUGUST 12, 2022

Resolving Online Content Infringement Disputes with the Use of AI Technology Faye Wang European perspective: Corporations manage notice and takedown, but should a government authority be involved? Possible solutions to reduce cost/human hours: AI assistance should be designed to provide better understanding of appropriate context.

Privacy 59

Privacy Inventor IP Government 59

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

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

IP Tech Blog

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. 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. Once again, technology has outstripped normal legal strictures, and the lawyers need to catch up.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

The IPKat

SEPTEMBER 3, 2022

Bowrey is a legal historian and socio-legal researcher whose research explores laws and practices that inform knowledge creation and the production, distribution and reception of technology and culture. The methodology of this book is interdisciplinary and socio-legal, so there is a lot to unpack. As a result, it is not a light read.

Copyright 95

Copyright Music Intellectual Property Marketing 95

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

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

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. 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. Once again, technology has outstripped normal legal strictures, and the lawyers need to catch up.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 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…? Facebook, Inc.,

Contracts 71

Contracts Law Reporting Blogging 71

LexBlog IP

SEPTEMBER 29, 2021

In August 2011, the plaintiff, an English data center design company, drafted an NDA in connection with negotiations over its potential sale to a competitor. The recent decision in Bladeroom demonstrates what can happen when the drafter of an NDA tries to have it both ways. Ninth Circuit’s Decision in Bladeroom.

Confidentiality 52

Confidentiality Contracts Public Domain Designs 52