TorrentFreak

NOVEMBER 18, 2022

People generating advertising revenue from ‘Fast Movies’ certainly wouldn’t improve things either. All three faced potential prison sentences plus fines for crimes allegedly committed in 2020. Another key goal of media companies worldwide is to prevent pirate sites from generating revenue from advertising.

Editing 145

Editing Television Copyright Infringement Advertising 145

Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

43(B)log

NOVEMBER 19, 2021

Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. The parties compete to manage vacation rental properties located in Oregon, and plaintiff alleged a smear campaign against it. In Grubbs v. Sheakley Grp.,

Advertising 59

Advertising Advertising Marketing Marketing 59

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Interestingly, Plaintiffs plead no facts about the terms of their contracts with the designers who hire them to work the runway; the court acknowledges the very real possibility that those contracts govern how images captured from a fashion show are used.”)

Advertising 64

Advertising Advertising Design Designs 64

IPilogue

JULY 15, 2021

Then, in May 2021, the fashion brand Rag & Bone advertised a new, officially-licensed Cruella -inspired collection—without Beavan’s knowledge or attribution. In 2020, a licensed Harley Quinn-inspired Birds of Prey collection by Her Universe did not involve the film’s costume designer, Erin Benach.

Licensing 105

Licensing Contracts Design Designs 105

43(B)log

FEBRUARY 21, 2022

They plausibly alleged, with examples, lots of horsepower claims, and plausibly alleged that an ordinary person would understand these representations to mean that a treadmill’s in-home continuous horsepower matched the “CHP” value advertised. They needed to file an amended complaint specifying when they gave pre-suit notice, though.

Advertising 59

Advertising Advertising Contracts Law 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. Below, we review these notable developments and more from 2020. Biosimilar Approvals and Launches in 2020.

Litigation 52

Litigation Settlement Marketing Marketing 52

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

Technology & Marketing Law Blog

JULY 9, 2022

. “the underlying communication created by a third-party, a Match.com user, is truly ‘the specific harmful material at issue,’ not the automatically generated advertisement sent by Match.” 2020 WL 12584274 (N.D. ” The court rebuffed the FTC’s attempt to distinguish Dyroff. ’”. . Intango, Ltd.

Advertising 131

Advertising Advertising Publishing Blogging 131

TorrentFreak

JANUARY 11, 2022

According to Bungie, AimJunkies copied and distributed its copyrighted work, to develop and advertise its cheat software. The original complaint lists four copyright registrations but two of these were first published on November 10, 2020, well after the cheats were first made available. Copyright Questions.

Copyright 144

Copyright Law Copying Copyright Infringement 144

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Finally, in October 2020, Facebook nuked the Shared account (and the personal accounts of some of its employees) and blocked Shared’s ads. Cod § 17200, for failing to provide sufficient details regarding ad rejections in violation of the Advertising Policies. & Prof.

Contracts 119

Contracts Social Media Advertising Advertising 119

Technology & Marketing Law Blog

JUNE 9, 2022

BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 111

Contracts Privacy Social Media Advertising 111

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. 29 (2020); U.S. DEPARTMENT OF JUSTICE’S REVIEW OF SECTION 230 OF THE COMMUNICATIONS DECENCY ACT OF 1996 (2020). See, e.g., E-Ventures Worldwide, LLC v. Google, Inc. , 3d 1265 (M.D. eBay, Inc. ,

False Advertising 141

False Advertising Contracts Editing Advertising 141

IPilogue

SEPTEMBER 9, 2022

In this contract, it was stipulated that for licences, he would be paid a royalty rate of approximately 50%, but for a sale, such as the sale of a CD, he would be paid a royalty rate of 18%. When Four Tet’s contract was signed in 2001, these standard licensing terms were different for the music industry. Sales vs Licences.

Music 104

Music Intellectual Property Contracts Settlement 104

43(B)log

MARCH 14, 2023

As alleged, Each ISP’s contract grants it a certain service area, or “route,” and the ISP is permitted to sell its route to another entity if they can agree on terms. Together they are known as CSPs, contracted service providers. Was this “commercial advertising or promotion”? Route Consultant, Inc., 2023 WL 2466624, No.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

SEPTEMBER 1, 2021

3, 2021) Plaintiffs, on behalf of a putative class of advertisers, alleged that LinkedIn overstates the level of actual user engagement with ads on its platform in order to charge premium rates to advertisers. A couple of months later, LinkedIn notified the affected advertisers and provided them with makegoods. LinkedIn Corp.,

Business 59

Business Advertising Advertising Contracts 59

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). I posted a chapter from the book: Online Contracts.

Editing 98

Editing Social Media Blogging Advertising 98

The IPKat

NOVEMBER 29, 2021

The TTABlog reported that USPTO issued its final regulations under the Trademark Modernization Act of 2020 and would likely be useful to trade mark practitioners who handle client’s US trade mark portfolios. The Fashion Law recently wrote a post specifically discussing what the metaverse means for trade mark owners.

Blogging 76

Blogging IP Contracts Reporting 76

IP Tech Blog

MAY 19, 2023

billion in 2020 to $24.1 This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. billion by 2025, at a compound annual growth rate of 32%.

Marketing 57

Marketing Marketing Contracts Branding 57

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The defendant has used the plaintiff’s song in an advertisement without the plaintiff's consent. Katpost on that here. March: Nigeria’s Copyright Bill, 2022 was signed into law.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

TorrentFreak

NOVEMBER 12, 2022

Once the police have conducted their own investigations, any domain added to the IWL finds itself blacklisted by the advertising industry and then shared as part of the full list with other stakeholders, rightsholders, and anti-piracy groups. GitHub probably won’t be too alarmed about advertising issues on GitHub.io

Advertising 105

Advertising Advertising Reporting Intellectual Property 105

43(B)log

JULY 8, 2024

28, 2024) The court declined to find Berrin’s consumer protection claims against Delta based on its “carbon neutral” advertising preempted by the Airline Deregulation Act (ADA, confusingly enough), though that wasn’t the end of the inquiry. Since March 2020, Delta has repeatedly touted itself as “the world’s first carbon-neutral airline.”

Advertising 64

Advertising Advertising Marketing Marketing 64

43(B)log

FEBRUARY 4, 2022

Since in or about late 2020, ML Fashion has been receiving calls from vendors about unpaid bills or about where to ship certain goods that have turned out to be for Nobelle.” But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them.

False Advertising 64

False Advertising Advertising Advertising Design 64

SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. Other posts. August 26, 2021].

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

LexBlog IP

MAY 19, 2023

billion in 2020 to $24.1 This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. billion by 2025, at a compound annual growth rate of 32%.

Marketing 52

Marketing Marketing Contracts Branding 52

LexBlog IP

JULY 26, 2023

15/2020 Consumer Protection Law and Federal Decree-Law No. Electronic signatures are recognized as equivalent to handwritten signatures, and contracts remain valid and enforceable if made using electronic documents. These contracts are legally valid and enforceable. 15/2020 include fines and imprisonment for non-compliance.

Business 52

Business Advertising Advertising Contracts 52

The IPKat

OCTOBER 14, 2024

Pictures of the room were taken and published on various websites to advertise the hotel. The Court held that a simple consent does not grant any rights to the user (unlike a license or a contract regarding the use of the work). The defendant used the photograph on its own website as an example of the projects it completed.

Copyright 119

Copyright Copyright Notice Licensing Art 119

43(B)log

MARCH 4, 2022

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. In spring 2020, the page allegedly had over 4,000 followers. Tito & Tita Food Truck, LLC, 2022 WL 622234, No. DLB-21-401 (D.

Social Media 72

Social Media Advertising Advertising Business 72

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. Also, the district court took issue with the 2020 call-to-action referring to the TOS as “Terms of Use” when it was actually the “Terms of Service.” sought to send the case to arbitration. The district court disagreed.

False Advertising 98

False Advertising Government Privacy Design 98

Technology & Marketing Law Blog

OCTOBER 25, 2023

In the early days of the pandemic, tattoo artist Cramer created this tattoo and tattooed it onto her husband: The tattoo depicts Joe Exotic of Tiger King “fame,” a can of Lysol, some coronaviruses, and the words “Quarantine 2020.” ” None of this makes any sense to me. I guess you had to be there. Warner Bros.

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

IP Watchdog

JULY 25, 2023

Ethicon first filed a complaint against the defendant Mudassar Shah in July 2020 and alleged federal and state trademark infringement of five different trademarks.

False Advertising 40

False Advertising Settlement Contracts Advertising 40

43(B)log

SEPTEMBER 20, 2021

Plaintiffs sought to amend the complaint to add, inter alia, a Lanham Act false advertising claim, which the court held was not futile. Footnote: Commercial advertising or promotion isn’t necessarily straightforward. The court didn’t undertake any analysis of this element at this stage.

False Advertising 45

False Advertising Advertising Advertising Contracts 45

IP and Legal Filings

NOVEMBER 15, 2024

In 2020, India’s mobile gaming sector earned USD 1.5 The Amendment makes betting, wagering, and gambling, in whatever form or manner, with money, a crime, whether the contract involves a game of skill or chance. The online gaming industry in India is largely a home grown start up ecosystem growing at 27% CAGR.

Advertising 97

Advertising Advertising Law Due Diligence 97

LexBlog IP

JULY 21, 2022

The last two years have however seen a renewed interest of the Authority in addressing cases of economic dependence (see e.g., the proceedings closed in August 2021 against Poste Italiane, the investigation opened in 2020 and still ongoing against Benetton, and the investigation opened in 2021 and still ongoing against WindTre).

Marketing 52

Marketing Marketing Contracts Business 52

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market. Monster Energy Co.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

IP Tech Blog

JANUARY 10, 2022

International Trade Commission (ITC) saw a flurry of new complaints filed in the second half of 2020, particularly in November and December. and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations. In January 2021, I noted that the U.S.

False Advertising 57

False Advertising IP Patent Infringement Intellectual Property 57

43(B)log

APRIL 3, 2024

2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Collectively they’re called “contracted service providers” (CSPs). Fedex Ground Package System, Inc. Route Consultant, Inc., 23-5456, F.4th

False Advertising 45

False Advertising Contracts Business Advertising 45