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

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.

Social Media 78

Social Media Contracts Ownership Business 78

SpicyIP

JULY 19, 2021

NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. She criticises the judgment because the Court based its reasoning solely on privacy without any justifications rooted in property rights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Trading Secrets

APRIL 18, 2023

Additionally, the terms of service highlight a unilateral confidentiality provision, binding only the user, while ChatGPT has no obligation to keep any user input or content confidential (beyond privacy obligations). Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

Technology & Marketing Law Blog

JANUARY 24, 2024

Gutman Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee Ex-Employee’s Continued Use of Twitter Account May Be Conversion–Farm Journal v. Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM

Social Media 78

Social Media Ownership Designs Design 78

43(B)log

JUNE 29, 2023

Impulse Statement: Sean Flynn: Data protection can be seen as protecting right to privacy but can interfere with right to research. Duty to protect: duty to regulate third parties—protecting both privacy rights and researchers in data held by third parties. How far that goes (overriding contracts, © claims, TPMs) is unclear.

Law 59

Law Art Privacy Social Media 59

Technology & Marketing Law Blog

AUGUST 5, 2022

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. Ex-Employee’s Continued Use of Twitter Account May Be Conversion–Farm Journal v. Do Employers Own LinkedIn Groups Created By Employees?–CDM

Social Media 97

Social Media Ownership Branding Brands 97

Technology & Marketing Law Blog

JANUARY 24, 2023

It also puts users’ privacy and security (including minors’!) JCPA (Journalism Competition and Preservation Act). It also necessitates that users must reveal highly sensitive personal information before they can access a service. at greater risk. 18, 2022 NetChoice LLC v.

Law 112

Law Social Media Government Privacy 112

LexBlog IP

APRIL 18, 2023

Additionally, the terms of service highlight a unilateral confidentiality provision, binding only the user, while ChatGPT has no obligation to keep any user input or content confidential (beyond privacy obligations). Spoiler alert: sharing invention details with ChatGPT does not count as public use or on sale. enablement).

Invention 59

Invention Confidentiality Privacy Public Use 59

Michael Geist

MARCH 21, 2023

Any internal documents, memos or internal communications relating to the impact of the company on the Canadian journalism sector since April 5, 2022. Meanwhile, Google’s requirements, drawn from a late February motion, state: That the committee order Alphabet Inc.

Government 94

Government Journalism Contracts Branding 94

SpicyIP

NOVEMBER 8, 2023

This is a “serials crisis” i.e., a situation when rising subscription costs for scholarly journals exceed academic library budgets, hampering researchers’ access. I am not even wading into the Bogus Open Access Journals and The dark side of the scientific publishing industry ). One may ask – is open access a solution?

Trademark 59

Trademark Publishing Journalism Copyright 59

LexBlog IP

APRIL 18, 2023

Additionally, the terms of service highlight a unilateral confidentiality provision, binding only the user, while ChatGPT has no obligation to keep any user input or content confidential (beyond privacy obligations). enablement).

Invention 52

Invention Confidentiality Privacy Public Use 52

Patently-O

NOVEMBER 27, 2023

Developer Appian secured a $2 billion judgment in a trade secret case, and publicly disclosed to the Wall Street Journal they insured it, including the terms. It would be a shame if premature overselling of risky policies or settlement disputes led to a bubble popping and a painful contraction. [1] There, the $47.5m policy ($57.3m

Settlement 83

Settlement Litigation Branding Brands 83

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. On 9 November 2023, the European Parliament adopted the final text of the Data Act.

Intellectual Property 52

Intellectual Property Marketing Marketing Technology 52

The IPKat

JUNE 26, 2022

Possible topics include but are not limited to: (i) Intellectual property, including live streaming, clones, reskinning, modding and/or fan participations, etc.; (ii) Preference will be given to applicants willing to make in-person presentations. Successful applicants will be notified by the end of July.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

IPilogue

SEPTEMBER 23, 2021

The following is a preview of a paper to be published in the Intellectual Property Journal. . The defendant lost at trial and on appeal because he failed to prove the contrary, i.e., that he employed the plaintiff under a contract of employment ( Choko , QCCA at [13]). 2 of the Copyright Act RSC 1985, c. C-42 [ Act ] calls it. .

Ownership 92

Ownership Copyright Intellectual Property Designs 92