Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.

Social Media 98

Social Media Ownership Branding Brands 98

LexBlog IP

OCTOBER 1, 2021

The law goes into effect January 1, 2022 and amends the Freedom to Work Act (the Act), which restricts the use of non-compete agreements for low wage workers. The law will apply to non-compete and non-solicit covenants. Contract lawyers know that to be enforceable a promise must be supported by consideration. Application.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Oof. BrandTotal sought summary judgment that Section 3.2.3

Contracts 104

Contracts Privacy Social Media Advertising 104

IPilogue

JULY 28, 2021

Shawn Dhue is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. . These are just some of the words that Hadiya Roderique ’s Black on Bay Street self portrait emphasizes for a first-generation Black law student like myself. Photo by Joshua Hanson (Unsplash). Influential. The Legal Side.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

Technology & Marketing Law Blog

MARCH 10, 2022

Unfair Competition : The same allegations support a claim for unfair competition under Maryland law. Conversion and Detinue : Courts have been reluctant to extend conversion claims under Maryland law to pure intangibles. Defendants are free to flesh out their arguments regarding ownership of the Facebook page later in the case. __.

Social Media 79

Social Media Contracts Ownership Business 79

IP and Legal Filings

NOVEMBER 9, 2022

Layered by the blockchain, cryptocurrency and NFT driven Web3 technology whose decentralised approach allows buyers total ownership over their purchases in the virtual universe, the Metaverse has been steadily gaining financial, cultural and social traction in the world. Contract Law .

Contracts 52

Contracts Law Technology Privacy 52

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. I think many Internet Law experts were hoping that hiQ would answer the myriad questions left open by the Van Buren decision.

Cease and Desist 111

Cease and Desist Contracts Privacy Business 111

LexBlog IP

NOVEMBER 22, 2021

” However, the better answer is it depends on some consideration about ownership and cost. The two benefits of LLC ownership are: (1) “domicile” privacy; and (2) no need to reassign the trademark recordation. However, if you sign a trademark application by yourself, then that privacy is lost.

Trademark 52

Trademark Privacy Ownership Business 52

Intepat

JUNE 15, 2023

However, this flourishing industry brings forth a multitude of legal challenges, encompassing privacy concerns and intellectual property protection. It thus becomes crucial for them to safeguard their creations through effective intellectual property laws. What is copyright protection? Who owns the copyright?

Copyright 52

Copyright Intellectual Property Ownership Intellectual Property Law 52

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. Section 230.

Contracts 123

Contracts Publishing Licensing Editing 123

The IPKat

DECEMBER 13, 2022

Amongst other things, the Act also establishes a National Rights Registry (NRR ) , which is the central repository collating details pertaining to the ownership of various copyright works. The NRR allows copyright holders to register and view/download copyright certificates digitally.

Copyright 120

Copyright IP Music Ownership 120

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

IPilogue

SEPTEMBER 23, 2021

David Vaver is the Acting Director of IP Osgoode and a Professor of Intellectual Property Law at Osgoode Hall Law School. Something has recently gone awry with the law of copyright ownership in a movie or other film — a “cinematographic work”, as s. Part I of the Act deals with the ownership of copyright in works.

Ownership 92

Ownership Copyright Intellectual Property Designs 92

JIPEL Copyright Blog

DECEMBER 1, 2021

Some circuits have held that a violation of policies and contracts such as terms of use and confidentiality agreements is enough to establish liability under the CFAA, while others tend to interpret it narrowly. It can’t be interpreted more broadly to include other limitations by contracts or policies. According to 18 U.S.C.

Contracts 40

Contracts Licensing Copying Confidentiality 40

43(B)log

AUGUST 4, 2023

Room 204 Christopher Buccafusco (w/ Joseph Blocher), Firearms, Innovation, and Regulation How do law and markets affect the pace and direction of innovation for firearm related safety in the US? Biofire isn’t submitting for registration in NJ to avoid triggering law. Costly inefficiencies in supply and demand. Q: Europe?

Copyright 52

Copyright Fair Use Marketing Marketing 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. These contracts can be used for establishing and enforcing IP agreements like licenses and permit payment transfers in real-time to the IP owners.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. These contracts can be used for establishing and enforcing IP agreements like licenses and permit payment transfers in real-time to the IP owners.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

It is basically a distributed database that can achieve independent verification of the ownership chain of any or every cryptocurrency (amount) as each node stores its own copy of the blockchain. These contracts can be used for establishing and enforcing IP agreements like licenses and permit payment transfers in real-time to the IP owners.

Technology 52

Technology Patent IP Invention 52

Technology & Marketing Law Blog

JUNE 17, 2023

According to the complaint, these separate entities are just one big data-sharing family, leveraging their combined resources in non-standard ways such as Microsoft sharing hardware and cloud infrastructure resources in exchange for an ownership interest in OpenAI. Complaint at 31. But not so, says the court.

Blogging 127

Blogging Licensing Privacy Copyright Notice 127

The IPKat

JANUARY 21, 2022

Recognising the challenges for performers in the position and enforcement of their rights, the book also includes discussion on other forms of protections and remedies for performers, such as moral rights, contracts, passing off and copyright infringement. An appendix provides extracts of relevant UK, EU and international regulation.

Moral Rights 128

Moral Rights Contracts Editing Related Rights 128

SpicyIP

JULY 19, 2021

In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She argues that the law should broaden the definition of serious comparative advertisement (where the owner of the mark advertises his product reference to his competitor’s product based on scientific study) by allowing multiple comparisons.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

LexBlog IP

JANUARY 6, 2023

The only exception to the ban permits noncompete clauses entered into by a person who is selling a business or disposing of ownership interest in an business entity in which the individual holds at least a 25% interest. .” The rule would supersede any state statute, regulation, or order that is inconsistent with the rule.

Contracts 52

Contracts Business Publishing Ownership 52

LexBlog IP

MARCH 27, 2023

In one example, I asked ChatGPT to describe my law firm, Marshall, Gerstein & Borun LLP. ChatGPT responded with the following, which for the most part is accurate, but gets details such as the “founding date” wrong: Marshall Gerstein is a law firm based in Chicago, Illinois, that specializes in intellectual property law.

Intellectual Property 52

Intellectual Property IP Inventor Copyright 52

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. An interim order issued by a single-judge bench of the Delhi High Court recognised the right to be forgotten (RTBF) as a subset of the fundamental right to privacy.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. A relatively new willingness to litigate, but lack of awareness/understanding of copyright law in Carribean is a barrier. Compare to foreign defamation and privacy judgments.

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM. This was erroneous.

Social Media 89

Social Media Ownership Contracts Privacy 89

43(B)log

AUGUST 3, 2023

Matthew Sag, Copyright Safety for Generative AI Not addressing whether training is always fair use in every circumstance; explain how generative AI fits w/in existing law (nonexpressive uses) and identify best practices to make generative AI fairer. 3) reasonable measures to safeguard privacy interests. (4)

Social Media 52

Social Media Fair Use Advertising Advertising 52

SpicyIP

JUNE 13, 2022

While the Joint Parliamentary Committee ( JPC ) released its much-awaited report on a sparkling new data protection legislation late last year, as reported , the bill may be scrapped for a completely new law. Change in titles su ggests a shift in focus – from protection of privacy to regulation of data as an asset.

Confidentiality 129

Confidentiality Technology Government Ownership 129

Copyright Lately

MARCH 6, 2023

The company also asserts copyright ownership in two “director’s statements” written by Coakley about the alleged on-set bullying, as well as in Coakley’s planned derivative project about the making of Runt. In one notable case, Balsley v. LFP , Inc. ,

Copyright 77

Copyright Derivative Work Fair Use Social Media 77