Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts 98

Contracts Blogging Advertising Advertising 98

Plagiarism Today

JUNE 28, 2022

However, after talks to produce the show ended, BET went forward with the idea, BET launched a similar show in March 2020 at the start of the pandemic. This prompted Walkie Check to sue for breach of an implied contract, unjust enrichment and copyright infringement. The post 3 Count: House Party appeared first on Plagiarism Today.

Copyright Infringement 192

Copyright Infringement Television Plagiarism Copyright 192

Patently-O

MARCH 18, 2024

The Federal Circuit has issued an interesting nonprecedential order in In re VLSI Technology LLC , denying VLSI’s petition for a writ of mandamus that sought to reverse a district court order allowing Intel to amend its answer to assert a declaratory judgment counterclaim regarding a patent license defense.

Licensing 80

Licensing Patent Patent Infringement Litigation 80

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. Ticketmaster, a 9th Circuit memo opinion from 2020 that I did not blog. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. ” Double UGH.

Contracts 98

Contracts Law Reporting Blogging 98

The IPKat

OCTOBER 14, 2024

Such conduct generated exploitative effects by excessive pricing towards users as well as exclusionary effects towards SGAE’s competitors, representing a barrier to entry into the market for collective management as well as the market for licensing of copyright-protected works for other CMOs or independent management entities (IMEs).

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Contracts Music Licensing Art 62

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

IPilogue

JUNE 14, 2022

Swift, in being denied an opportunity to bid for her masters, announced in late 2020 that she would re-record her entire pre-2019 catalogue in order to regain control of her music and limit the profitability of Ithaca’s asset. Everything Has Changed.

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Music Contracts Licensing Ownership 119

The IPKat

AUGUST 3, 2022

These rights are often owned by different people, and are governed by contracts, so who owns what and how much they earn depends on the agreement between the parties. In 2020, Kelis revealed in an interview that she is not credited and does not receive any royalties from her two albums produced by The Neptunes.

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Music Contracts Copyright Government 143

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. 14, 2020, No. 3, 2020) 442 F.Supp.3d

Blogging 116

Blogging Contracts Law Privacy 116

43(B)log

SEPTEMBER 3, 2021

25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. Plaintiffs purchased Ikon ski passes for the 2019-20 ski season but, due to the COVID-19 pandemic, Defendants closed their ski resorts on March 15, 2020.” Defendants declined to refund their money. 3d 834 (9th Cir.

Contracts 59

Contracts Advertising Advertising Licensing 59

Plagiarism Today

JANUARY 11, 2022

According to the lawsuit, Crabtree worked as a colorist on the series and was granted a portion of royalties on both single sales and any adaptations of the comic and its characters via an oral contract. However, at the end of 2020 they went on the offense and sued the RIAA asking the court to declare their site legal.

Cease and Desist 130

Cease and Desist Licensing Reporting Plagiarism 130

43(B)log

OCTOBER 18, 2024

Although the court dismissed a contract claim, copyright and false advertising claims survived. Although Perfect Golf used to be compatible with third-party launch monitors, as of August 2020, Perfect Golf users had to buy plaintiff’s launch monitors to play the game. Perfect Golf has a EULA that bans reverse engineering.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

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

LexBlog IP

DECEMBER 20, 2023

Court of Appeals for the Federal Circuit [1] reversed a lower court’s denial of Intel Corporation’s (“Intel’s”) motion for leave to amend its answer to assert a new license defense in a patent infringement suit brought by VLSI Technology LLC (“VLSI”). and Finjan Software, Inc. Finjan Software, Inc.,

Licensing 52

Licensing Contracts Litigation Technology 52

The IP Law Blog

MAY 27, 2021

billion in 2020. In 2013, Constellation acquired perpetual, irrevocable, and exclusive license rights in the Corona marks, which gave Constellation the right to sell products under the Corona trademark. Then in 2020, Constellation introduced Corona Hard Seltzer, which is a sugar-based, fermented beverage produced in Coahuila, Mexico.

Licensing 103

Licensing Branding Brands Branding 103

Velocity of Content

OCTOBER 4, 2021

In May 2020, Spotify agreed to an exclusive $100 million deal with Joe Rogan, the biggest licensing agreement ever made in podcasting. Licensing Comes to Podcasting. The post Licensing Comes to Podcasting appeared first on Copyright Clearance Center.

Licensing 52

Licensing Intellectual Property Law Television Intellectual Property 52

Technology & Marketing Law Blog

AUGUST 12, 2023

In 2020, he performed procedures for four patients, Chesson, Gage, Melton, and Robinson (tragically now deceased). ” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged.

Contracts 75

Contracts Licensing Business Blogging 75

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

Plagiarism Today

APRIL 7, 2022

Also in 2018, FDN filed the original complaint, targeting both Amazon and CCA, alleging that they both breached contracts and committed copyright infringement. There wasn’t even a system for registering blog content, like this site, until June 2020. But this is where FDN introduces a new wrinkle.

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Publishing Registration Social Media Copyright 262

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

TorrentFreak

JANUARY 11, 2022

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. The cheat maker also highlights another problem with Bungie’s copyright claims. ” The latter claims don’t belong in federal court either, AimJunkies notes.

Copyright 144

Copyright Law Copying Copyright Infringement 144

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ).

Copyright 118

Copyright Art Licensing Contracts 118

TorrentFreak

SEPTEMBER 19, 2022

The hacking allegations come from Mr. May, who played Destiny 2 and agreed to its Limited Software License Agreement (LSLA) in the fall of 2019. In 2020, someone using the name “Martin Zeniu” obtained a license to the Destiny 2 cheat software, agreeing to these terms. “Upon information and belief, Bungie, Inc.,

Copyright Infringement 124

Copyright Infringement Copyright Copying Licensing 124

The IPKat

OCTOBER 14, 2024

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 Court is in good company with its concept of an implied license. In 2020, a US court held that a tattoo artists grants an implied license to its tattoos on NBA athletes (IPKat here ).

Copyright 119

Copyright Copyright Notice Licensing Art 119

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

Technology & Marketing Law Blog

OCTOBER 14, 2022

of personal protective equipment (PPE) from the seller in April 2020 and wired the money. At the end of this thread: the plaintiff sent a text summarizing the payments expected which included four payments of $368,750 on July 15, August 15, September 15 and September 25, 2020. Condon, 2020 Mass. Robbins, 2020 WL 1676771 (D.

Blogging 116

Blogging Government Marketing Marketing 116

IPilogue

JULY 28, 2022

Besides being the most played song on Tiktok in March 2020, it garnered 42.1 Other songs like Olivia Rodrigo’s “Driver’s License” and Doja Cat’s “Say So Remix” have also achieved remarkable success after being featured in viral TikTok trends. The virality of “#Savagechallenge” contributed to the song’s commercial success.

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Music Social Media Marketing Marketing 117

Patently-O

JULY 7, 2022

Parties that participate in these standards development organizations (SDOs) generally agree to license patents that are essential to the implementation of those standards (standards-essential patents or SEPs) to manufacturers of standardized products on terms that are fair, reasonable and nondiscriminatory (FRAND). The Litigation.

Licensing 89

Licensing Contracts Patent Law 89

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts 52

Contracts Music Related Rights Television 52

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. million in 2020 from more than 55,000 subscribers. [x] Background.

Music 76

Music Copyright Licensing Fair Use 76

TorrentFreak

AUGUST 21, 2021

In October 2020, a confidential settlement was reached, which included a clause for Tusa not to create or be involved in any other similar services. They also allege a breach of contract in respect of the settlement agreement while demanding an injunction to restrain Tusa moving forward. It later disappeared.

Cease and Desist 145

Cease and Desist Settlement Copyright Infringement Copyright 145

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. Fourth, Shared avers that Meta committed breach of contract (Claim 3) for failing to deliver the April 2018 payment on time in violation of the FAN payment term.

Contracts 119

Contracts Social Media Advertising Advertising 119

Technology & Marketing Law Blog

JULY 25, 2022

2020), the Second Circuit purported to reaffirm that “the discovery rule applies for statute of limitations purposes in determining when a copyright infringement claim accrues under the Copyright Act.” In 2013 and 2015, it granted exclusive licenses to stream those works to Starz, a premium subscription channel. Scholastic, Inc. ,

Blogging 98

Blogging Copyright Licensing Copyright Infringement 98

43(B)log

NOVEMBER 23, 2022

In summer 2020, AHBP began negotiating with the Lynd defendants for the exclusive license to market and sell a surface disinfectant/cleaner known as “Bioprotect 500” in Argentina. Ultimately, AHBP took an exclusive license to sell the product in Argentina, with purchasing and advertising/marketing spend minimums.

False Advertising 99

False Advertising Advertising Advertising Business 99

Technology & Marketing Law Blog

JUNE 9, 2022

Facebook sued BrandTotal on October 1, 2020, which the court treats as a revocation of BrandTotal’s rights to access Facebook’s servers. Penal Code § 502); (5) intentional interference with Meta’s contracts with its users; and (6) violation of the “unlawful,” “unfair,” and “fraudulent” prongs of the UCL. ” Oof.

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Contracts Privacy Social Media Advertising 111

Technology & Marketing Law Blog

DECEMBER 6, 2022

In the fall of 2020, hiQ Labs had its antitrust claims dismissed. In spring 2021, hiQ Labs had its motion to dismiss denied on LinkedIn’s misappropriation, breach of contract, and trespass to chattels claims. Breach of Contract. The CFAA is in part a criminal statute and breach of contract claims are not. The opinion.

Blogging 98

Blogging Contracts Litigation Law 98

Technology & Marketing Law Blog

JULY 22, 2021

29 (2020); U.S. DEPARTMENT OF JUSTICE’S REVIEW OF SECTION 230 OF THE COMMUNICATIONS DECENCY ACT OF 1996 (2020). Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. See, e.g., Zango , 568 F.3d 3d at 1178 (Fisher, J., ANTITRUST INST. ” [Ugh.

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False Advertising Contracts Editing Advertising 141