Technology & Marketing Law Blog

MARCH 14, 2024

In so doing, they reversed the district court that had previously held that cellular device users’ data allowances under their contracts with cellular service providers did not constitute “property” subject to conversion. As such, to the extent that there is a grievance here, it should be based in contract, not in property.

Blogging 89

Blogging Contracts Law Advertising 89

The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). Nor did respondent have advertising material or seek FDA approval. He conducted clinical trials in 2000 and manufacturing began in 2002-2003.

Registration 49

Registration Contracts Advertising Advertising 49

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Citing a 2003 Ninth Circuit case, Kremen v. Implied-in-Law Contract/Unjust Enrichment.

Licensing 91

Licensing Copyright Contracts Advertising 91

Copyright Lately

OCTOBER 10, 2021

Well, that would have been joyful news to me about the middle of December, when I gladly took the first offer that came, and made a contract. An advertisement for Abby Sage Richardson’s dramatization of “The Prince and the Pauper,” produced by Daniel Frohman. What Contract? Copyright Soc’y U.S.A.

Art 92

Art Contracts Social Media Litigation 92