LexBlog IP

JANUARY 4, 2022

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Franken-contracts can ruin your business.

Contracts 52

Contracts Business Confidentiality Privacy 52

Technology & Marketing Law Blog

APRIL 16, 2022

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. These basic principles “apply with equal force to contracts formed online.” Forming online contracts is not rocket science. Freedom Financial Network, LLC.

Contracts 109

Contracts Designs Design Law 109

LexBlog IP

FEBRUARY 6, 2023

Welcome to the third annual installment of Seyfarth Shaw’s Commercial Litigation Outlook , in which our nationally-recognized team provides insights about litigation issues and trends to expect in 2023. In short, we expect an uneven year where some litigation booms and some busts. to 2:00 p.m. Eastern 12:00 p.m.

Litigation 52

Litigation Privacy Contracts Government 52

IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism 80

Journalism Privacy Contracts IP 80

LexBlog IP

FEBRUARY 10, 2023

Privacy is the control over knowledge about oneself. The Supreme Court has also recognized a right to privacy in avoiding the disclosure of personal matters and, has recognized an individual’s privacy right in maintaining the confidentiality of the personal and sensitive nature of the information contained in medical records.

Privacy 40

Privacy Confidentiality Contracts Law 40

IPilogue

MARCH 24, 2022

I also had the opportunity to explore new areas of law which I hadn’t considered before, such as privacy and anti-spam. With that said, contracts should be clearly written, without legal jargon, to avoid litigation. However, at the Globe, I was encouraged to bring a new perspective to these documents.

Contracts 105

Contracts IP Privacy Blogging 105

The IPKat

APRIL 22, 2024

Accredited European Patent Litigation Certificate Course Trier & Online tutorial - Course start: 25 September 2024; Course end: 16 May 2025 ERA will offer a high-standard course giving patent attorneys the best tools to understand the legal framework and procedural rules necessary to litigate before the UPC.

Intellectual Property Law 62

Intellectual Property Law Intellectual Property IP Litigation 62

IPilogue

JANUARY 9, 2023

I worked within the legal team, under the supervision of Denise Lacombe, Head of Legal and collaborated with Lynne Sweeney, Legal Counsel and Cristina Aguirre, Privacy Officer as well. AstraZeneca is a global company, some contracts can require engaging in services in other countries.

Business 110

Business Privacy Contracts Confidentiality 110

LexBlog IP

JULY 14, 2023

Is Your AI Start-UP Headed for Company Killing Litigation? After all the initial hype wears off, we always see a drastic uptick in regulatory action and litigation filed by law firms against any new successful technology. The post AI Companies Are Facing Increasing Risk of Litigation and Regulatory Oversight.

Litigation 52

Litigation Technology Privacy Copyright Infringement 52

Traverse Legal Blog

JULY 14, 2023

Is Your AI Start-UP Headed for Company Killing Litigation? After all the initial hype wears off, we always see a drastic uptick in regulatory action and litigation filed by law firms against any new successful technology. The post AI Companies Are Facing Increasing Risk of Litigation and Regulatory Oversight.

Litigation 52

Litigation Privacy Technology Copyright Infringement 52

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

Contracts 82

Contracts Privacy Blogging Litigation 82

The IPKat

SEPTEMBER 19, 2022

In August, the Constitution and Human Rights Division of the High Court of Kenya issued a decision on the question of image rights and its relationship with privacy rights and data protection laws in Kenya. Background The Petitioner, Wanjiru was an alumna of the respondent, Machakos University. Paragraph 31]. See paragraphs 47 and 55.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

Technology & Marketing Law Blog

FEBRUARY 17, 2024

This is a Video Privacy Protection Act (VPPA) case against a media website, so you have good reason to wonder about the legitimacy and sincerity of the case. That put their litigation team in the position of needing to make a hail-mary argument of “enforceable browsewrap.”

Privacy 88

Privacy Litigation Marketing Marketing 88

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. The parties have vigorously litigated this case. ” Oof.

Contracts 103

Contracts Privacy Social Media Advertising 103

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Technology & Marketing Law Blog

MARCH 23, 2022

By the time Plaintiffs were alerted to this information, any information derived from their counsel’s use of the website had already been publicly filed and had become part of the litigation. Related posts : “ Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. PeopleConnect, Inc. , March 18, 2022).

Privacy 99

Privacy Contracts Personality Rights Litigation 99

Traverse Legal Blog

NOVEMBER 11, 2020

Airbnb Hosts have filed class action litigation against Airbnb , Inc and Airbnb Payments, Inc. Use of Airbnb.com allows users to see all listing information and associated web pages under a ‘browser wrap’ arrangement with the terms of service and privacy policies linked in the footer. TOS; Section 3).

Litigation 69

Litigation Contracts Business Marketing 69

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. Five years into this litigation, let’s take stock of all of the things we still don’t know: Is hiQ still an operational business?

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. And most website-scraper interactions don’t fit within those scraper-litigation patterns. Just ask BrandTotal.

Blogging 115

Blogging Law Contracts Cease and Desist 115

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. By guest blogger Kieran McCarthy.

Blogging 99

Blogging Contracts Law Privacy 99

Technology & Marketing Law Blog

JULY 26, 2023

Breach of Contract As is common with scraping cases in 2023, just because the scraper prevails on the CFAA claim doesn’t mean the scraper is going to prevail. When doing so, defendant had to agree to the Terms and Privacy Policy. Those terms and privacy policies were hyperlinked. The terms prohibited scraping.

Cease and Desist 85

Cease and Desist Blogging Contracts Privacy 85

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.

Contracts 91

Contracts Social Media Advertising Advertising 91

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. Cite to IC v.

Contracts 122

Contracts Publishing Licensing Editing 122

Patently-O

NOVEMBER 27, 2023

An exotic insurance product has recently taken the litigation world by storm. 1] Now, it’s hard to avoid; a brief Internet search will turn up hundreds of hits and dozens of explainer articles by insurance brokers, law firms, and litigation funders extolling the benefits and pitching such policies to appellants. 14, 2023). [3]

Settlement 81

Settlement Litigation Branding Brands 81

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

“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. ” This is a highly defense-favorable reading of the contract provision. ” Publisher/Speaker Claims. ” Cite to Opperman v. ” Oops.

False Advertising 112

False Advertising Privacy Publishing Advertising 112

Technology & Marketing Law Blog

FEBRUARY 14, 2024

Though the court doesn’t discuss any of the precedent cases, the court is addressing the well-litigated question of whether online marketplaces are legally responsible as the “seller” of marketplace items. .'” Publisher/Speaker Claim. GMB is not the party renting the vessel; rather, it is Chaves who rents the vessel.

Contracts 72

Contracts Advertising Advertising Privacy 72

IP and Legal Filings

NOVEMBER 9, 2022

But needless to say, the Metaverse brings into picture several aspects of the law such as Copyright law , Contract law, Tort law and Criminal law. Contract Law . Section 2(h) of the Indian Contract Act,1872 defines ‘Contract’ as “An agreement enforceable by law”. Defamation Law .

Contracts 52

Contracts Law Technology Privacy 52

The IP Law Blog

MAY 4, 2023

The district court held that the DPLA at issue was not a contract that fell within the scope of section 1 of the Sherman Act and that even if it did, the court found that Epic could not satisfy the Rule of Reason in that it had not identified less restrictive alternatives to Apple’s business approach.

Marketing 98

Marketing Marketing Privacy Contracts 98

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. Regulation of Political Advertising (2022 Edition). Other Articles and Advocacy.

Editing 88

Editing Social Media Blogging Advertising 88

43(B)log

AUGUST 12, 2022

If failed, online dispute resolution/court litigation. Appropriation of Data-driven Persona Zahra Takhshid Should extend privacy to cover data about us. Data privacy as the new frontier. Consent: we’re transferring our rights all the time by contract. A: Yes, because we continue to rely on common law privacy torts.

Privacy 59

Privacy Inventor IP Government 59

Technology & Marketing Law Blog

AUGUST 5, 2022

Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. Gutman opened both accounts after she entered into the employment contract with JLM.

Social Media 97

Social Media Ownership Branding Brands 97

Olartemoure Blog

NOVEMBER 17, 2021

Local contract and case law is full of mandatory norms that render very important clauses null and void, and the fact that handshake agreements and informality is still quite in fashion seems alarming for studies used to long agreements drafted by sophisticated attorneys.

Intellectual Property 52

Intellectual Property Artwork Privacy Contracts 52

LexBlog IP

MAY 9, 2022

Trade secret litigation presents a variety of procedural and practical complexities at every stage of the proceeding. The issue is further exacerbated because adverse litigants in trade secret cases are frequently industry competitors. But most litigants have no incentive to protect the public’s right of access.

Confidentiality 52

Confidentiality Litigation Privacy Contracts 52

LexBlog IP

FEBRUARY 22, 2022

“If you can’t be specific about what the asset is, then good luck litigating it,” Londergan said. What contracts are protecting the asset? Tangibly helps a company catalog all those contracts and their expiration dates. This involves identifying a company’s trade secret assets. Have they been trained?

Contracts 52

Contracts Litigation Designs Design 52

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. If this litigation continues and defendants wish to repeat this argument, they should support their assertion that they own the Facebook page with authority. TELECOMM. &

Social Media 79

Social Media Contracts Ownership Business 79

43(B)log

FEBRUARY 18, 2022

Goodman: Startup Law clinic: incorporation, TM, contract formation. FDA, HIPAA, privacy, patents, FAA drone rules, etc. Serious questions about how to commercialize IP; very few litigated cases, most interactions are informal. Contract w/MIT: obligated to help every student who comes to us. That can be a struggle.

IP 61

IP Contracts Business Privacy 61