IP and Legal Filings

OCTOBER 14, 2022

The COVID-19 pandemic has also acted as an impetus and accelerated the growth of the digital market. Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. Meaning Of An E-Contract. E-contract forms a significant part of E-commerce.

Contracts 52

Contracts Business Technology Law 52

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. I was seated with a digital marketing employee, employees in the clinical research and development team, and an employee in the respiratory team.

Business 110

Business Privacy Contracts Confidentiality 110

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage.

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

AUGUST 2, 2021

I’ve now framed it as a note about California’s consumer privacy laws. Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. It makes a nice module to add an online contracts piece to another course. Weis Markets. Primer on FOSTA.

Editing 145

Editing Law Privacy Contracts 145

LexBlog IP

JANUARY 10, 2024

.” The FTC alleged that the privacy policies did not inform consumers about how their location data would be used, which entities would receive the data and did not obtain informed consent to obtain access to sensitive location data.

Privacy 52

Privacy Settlement Marketing Marketing 52

LexBlog IP

OCTOBER 18, 2021

In the October edition of our Privacy and Security Roundup , we dive into the latest details surrounding OFAC’s efforts to stifle ransomware attacks, how organizations should carefully assess the new Personal Information Protection Law in China, the new EU Standard Contractual Clauses requirement effective Sept. 27, and more.

Privacy 52

Privacy Law Business Editing 52

Technology & Marketing Law Blog

JUNE 10, 2022

The plaintiff sued HDR for ECPA and common law privacy violations. Plaintiff had no authority over the Groups’ privacy settings and no voice in the screening process used to determine membership. While the court’s opinion is appropriately grounded in the precedent, it was tone-deaf to the privacy invasion. Implications.

Privacy 134

Privacy False Advertising Contracts Advertising 134

Michael Geist

MARCH 31, 2023

His privacy legislation has languished for months and he has been entirely missing on digital policy, where fishing expeditions such as the one involving Bill C-18 are likely to make companies reticent about entering the Canadian market. It’s a tacit admission that there is a merger problem after he approved the merger.

Government 143

Government Contracts Marketing Marketing 143

Intellectual Property Law Blog

OCTOBER 30, 2023

The Executive Order covers several important issues but fails to address other significant issues. Digital Service, U.S. Digital Corps, and Presidential Innovation Fellowship.

Privacy 130

Privacy Government Copyright Technology 130

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

IPilogue

DECEMBER 14, 2021

In the lawsuit, Miramax alleges several causes of action, including breach of contract, copyright infringement, and trademark infringement. The sale is said to be for a new type of “secret NFTs” with programmable privacy features that allow the owner to withhold certain content from being publicly available.

Non-Fungible Tokens 111

Non-Fungible Tokens Contracts Registering Trademarks Intellectual Property 111

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

Technology & Marketing Law Blog

JULY 12, 2022

Over the years, I’ve posted a number of book excerpts that are accessible for free, including: The entire chapter on online contracts. The chapter makes a nice module to add discussion about online contracts to another course. Part 312, the Children’s Online Privacy Protection Act’s Regulations. Primer on FOSTA. Jurisdiction.

Editing 139

Editing Law Social Media Privacy 139

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. Those options lower access barriers for users to create accounts, so they are often compelling to the marketing team. CMG appeared first on Technology & Marketing Law Blog.

Privacy 88

Privacy Litigation Marketing Marketing 88

The IP Law Blog

MAY 4, 2023

Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. The Ninth Circuit began analyzing the Section 1 claim by focusing on the proper definition of the market.

Marketing 98

Marketing Marketing Privacy Contracts 98

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

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

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

OCTOBER 16, 2022

The plaintiff alleged negligence, negligent infliction of emotional distress, and invasion of privacy based on third-parties posting her private information and allowing users to threaten her with murder and rape. ” Contract Breach. Facebook appeared first on Technology & Marketing Law Blog. ” Section 230.

Government 95

Government Privacy Blogging Publishing 95

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

43(B)log

AUGUST 4, 2023

Maybe it’s a sense of breach of contract, but the book describes more tolerance for reuse. Also intersects a great deal w/contracts. Pro photographers agree to onerous contracts from longstanding clients in order to retain them. One lesson: Threats to privacy are threats to communities and practices that sustain creativity.

Public Domain 52

Public Domain Contracts IP Privacy 52

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

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

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

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. The Guidance.

Law 62

Law Contracts Business Marketing 62

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

NOVEMBER 11, 2023

Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front. Although Meta contends that it posted its term updates on users’ Facebook pages, there is no indication that those terms related to anything other than privacy concerns. Meta Platforms, Inc. 2023 WL 7325109 (N.D.

Trademark 91

Trademark Contracts Blogging Fair Use 91

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. Apple appeared first on Technology & Marketing Law Blog. ” Oops.

False Advertising 112

False Advertising Privacy Publishing Advertising 112

Kluwer Copyright Blog

APRIL 15, 2024

Reddit or X (Twitter) data for ChatGPT) and which try to ban AI data scraping via technical tools and contractual terms (see class action against OpenAI for privacy and copyright infringement). EU Digital Market Act and competition laws that force access to certain data, see below).

Licensing 56

Licensing Social Media Contracts Privacy 56

Technology & Marketing Law Blog

MARCH 23, 2022

Related posts : “ Amazon Can’t Force Arbitration of Minors’ Privacy Claims Based on Alexa Recordings–BF v. Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post)”. appeared first on Technology & Marketing Law Blog. PeopleConnect, Inc. , 21-16040 (9th Cir. March 18, 2022). Facebook ”. Facebook.”.

Privacy 99

Privacy Contracts Personality Rights Litigation 99

IP and Legal Filings

NOVEMBER 23, 2023

This Act explains the significance of support when it comes to the enrollment of trademarks for the matter of Publicity or Privacy, and The Copyrights Act 1957 [iv] defines word “performer” as an actor, singer, musician, dancer, acrobat and juggler etc. Hence Cristiano Ronaldo’s Publicity rights were bagged by Mint Media for 6 years.

Intellectual Property 98

Intellectual Property Privacy Branding Brands 98

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

LexBlog IP

MAY 4, 2023

” Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. The Ninth Circuit began analyzing the Section 1 claim by focusing on the proper definition of the market.

Marketing 52

Marketing Marketing Privacy Contracts 52

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 92

Contracts Social Media Advertising Advertising 92

Technology & Marketing Law Blog

FEBRUARY 14, 2024

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. ” The three hyperlinks were in a blue font that stood out from the other grey font on the page. LEXIS 23688 (S.D.

Contracts 73

Contracts Advertising Advertising Privacy 73

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). 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.

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. 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