by guest blogger Alexandra J. Roberts It’s become known as the “sad beige lawsuit” or the case that asks the question “can you ever really own an aesthetic?” But the suit, in which 24-year-old influencer Sydney Nicole Gifford accuses another influencer, 22-year-old Alyssa Sheil, of copying both her posts and her style, may have an […]
Key Takeaways: Plaintiffs are persistently crafting creative legal theories to target tracking technologies. One new approach is to characterize tracking technologies as “pen registers” or “trap and trace devices” used in violation of CIPA § 638.51. The TikTok Analytics software is at issue in many of these new claims, and a number have survived motions […]
Trending in Telehealth highlights state legislative and regulatory developments that impact the healthcare providers, telehealth and digital health companies, pharmacists, and technology companies that deliver and facilitate the delivery of virtual care. Trending in the past two weeks: Behavioral and mental telehealth Coverage and payment parity A CLOSER LOOK Proposed Legislation & Rulemaking: In Illinois, HB […]
Canada’s largest media companies, including the Globe and Mail, Toronto Star, Postmedia, CBC, and Canadian Press, came together last week to file a copyright infringement lawsuit against OpenAI, the owners of ChatGPT. The lawsuit is the first high profile Canadian claim lodged against the enormously popular AI service, though there have been similar suits filed […]
Originally posted 2015-03-06 11:35:50. Republished by Blog Post Promoter First published March 3, 2011. When I saw Sergiy Sivochek’s post about the PING PONG trademark, I thought it sounded familiar — and it is! Pamela Chestek and I swatted it back and forth down in the comments of this doohickey a while back. Seems that […]
While people have moved their activities online to avoid coronavirus contacts, we can be pretty sure they aren’t avoiding coronavirus-era contracts. A lot of online activity involves automatically created contracts, and recent court rulings have facilitated the creation of binding online agreements. Legal terms of service underlie most online activities, and users of online services […]
ICANN has come in for periodic criticism over the last decade or so for not being sufficiently enthusiastic in public about its new gTLD program, but this time around it’s trying to do something about it. New gTLD program participants have said that ICANN should have thrown more of its substantial resources into marketing the […]
Proponents of a duty of care for online platforms have long dwelt on the theme of safety by design. It has come to the fore again recently with the government’s publication of a draft Statement of Strategic Priorities (SSP) for Ofcom under the Online Safety Act. Safety by Design is named as one of five […]
In April 2020, the State of Washington sued Meta, alleging violations of Washington’s Fair Campaign Practices Act (FCPA). The case centered on Meta’s failure to comply with state disclosure laws, which require companies hosting political advertisements to maintain and disclose specific records of those ads. The state argued that Meta’s actions obstructed transparency in campaign […]
The D.C. Circuit held that Congress’ TikTok ban survived a variety of Constitutional challenges, including a First Amendment challenge, even if strict scrutiny applies. The decision will be appealed to the U.S. Supreme Court, with uncertain prospects, so this is probably not the final word on the matter–or possibly even an important one. Still, it’s […]