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

MAY 19, 2023

billion in 2020 to $24.1 Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing 52

Marketing Marketing Contracts Branding 52

IPilogue

JULY 28, 2022

TikTok’s effectiveness, as a music marketing tool, became apparent during the early COVID 19 quarantine period, at which time a TikTok influencer created choreography to rapper Megan Thee Stallion’s newly released single, “Savage.” Besides being the most played song on Tiktok in March 2020, it garnered 42.1

Music 117

Music Social Media Marketing Marketing 117

Technology & Marketing Law Blog

JUNE 4, 2022

There wasn’t a special relationship arising from Uber’s contract because it did not expressly reference any such relationship. 2020 WL 2097599 (N.D. Uber appeared first on Technology & Marketing Law Blog. ” Also, any duty may not extend to passengers waiting for the common carrier. Uber Technologies, Inc.,

Business 128

Business Technology Marketing Marketing 128

Plagiarism Today

NOVEMBER 18, 2021

Over at CopyByte , one of my main jobs is removing plagiarized marketing copy such as what Streamlabs had on its site. Either someone at Streamlabs or contracted by them built the page and largely used the Lightstream page as a template, text and all. Accident or Not, a Problem Remains. There’s little reason to do this.

Plagiarism 256

Plagiarism Web Development Copying Copyright Notice 256

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

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

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

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

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

The IP Law Blog

MAY 27, 2021

billion in 2020. Then in 2020, Constellation introduced Corona Hard Seltzer, which is a sugar-based, fermented beverage produced in Coahuila, Mexico. The question is whether Modelo will succeed in its quest to remove Corona Hard Seltzer from the market. But what is a hard seltzer? Is it a form of beer or something else?

Licensing 103

Licensing Branding Brands Branding 103

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

Art 52

Art Marketing Marketing Due Diligence 52

The IPKat

NOVEMBER 26, 2021

Bill has now been published , proposing new laws for equitable remuneration for streaming, contract adjustment, right of revocation and transparency. Background Readers may have followed the IPKat reports on the UK DCMS Select Committee Streaming Inquiry [ here ], which took place in October 2020. What happens next?

Copyright 98

Copyright Music Contracts Publishing 98

Traverse Legal Blog

APRIL 6, 2022

While NFTs – aka token contracts- last forever on the blockchain ledger, the linked digital asset could be taken from you or have its value/utility diminished or extinguished. Securities law, contract law, consumer protection laws, and causes of action for fraud and misrepresentation are all possible legal claims.

Licensing 98

Licensing Trademark Contracts Branding 98

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced. The Bottom Line.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

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. Vimeo appeared first on Technology & Marketing Law Blog. See, e.g., Zango , 568 F.3d

False Advertising 141

False Advertising Contracts Editing Advertising 141

Technology & Marketing Law Blog

NOVEMBER 2, 2023

The court summarizes the plaintiff’s allegations: Plaintiff alleges that in October, 2020, he received a negative review on Nextdoor from a former customer. In the spring of 2021, he relocated to Montana and revamped his contracting business. Nextdoor appeared first on Technology & Marketing Law Blog. Nextdoor, Inc.

Contracts 98

Contracts Business Blogging Law 98

LexBlog IP

JULY 21, 2022

The Italian Competition and Market Authority (“AGCM” or “Authority”) has closed an investigation launched in July 2021 against McDonald’s Development Italy LLC (“McDonald”) regarding an alleged violation of art. 9 of Italian Law no.

Marketing 52

Marketing Marketing Contracts Business 52

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Here, the Court has already found that Bar-Z had a legal right to interfere with App Star’s contracts with the chambers of commerce.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 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

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.

Contracts 111

Contracts Privacy Social Media Advertising 111

Indiana Intellectual Property Law

OCTOBER 5, 2022

Per the Plaintiff’s website, 3CHI was founded by a biochemist that has focused on cannabinoid research and brining minor cannabinoids to market. Defendant, Journay was hired on July 10, 2020 for a position in Sales and Education. During her employment, Journay was promoted to Marketing Manager.

Marketing 52

Marketing Marketing Confidentiality Government 52

The IP Law Blog

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. That disclosure may therefore be consideration for a promise to pay.

Contracts 96

Contracts Law Artwork Copyright 96

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. Nevertheless, it continued to comply with the DPLA and, in 2020, renewed the DPLA but sought a “side letter” trying to modify some of its terms. Apple rejected this attempt to modify the DPLA.

Marketing 98

Marketing Marketing Privacy Contracts 98

Technology & Marketing Law Blog

OCTOBER 6, 2021

Notwithstanding a 2020 decision by the U.S. Court of Appeals for the Federal Circuit in 2018 denied Google’s first mandamus petition, but on Google’s second attempt the Federal Circuit Court held in 2020 that mandamus was warranted and venue was not proper.

Blogging 124

Blogging Business Litigation Ownership 124

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. Books and Academic Articles. Regulation of Political Advertising (2022 Edition).

Editing 98

Editing Social Media Blogging Advertising 98

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

JULY 9, 2022

Again, were the claim otherwise viable here, Apple’s liability would be premised on its participation in marketing and distributing an illegal gambling device. 2020 WL 12584274 (N.D. Dismissing the case again , but saying breach of contract claim (and associated conversion/replevin claims) might have a chance if repled properly.

Advertising 131

Advertising Advertising Publishing Blogging 131

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.” ” Market Effect. The litigants are in different markets.

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

IP and Legal Filings

NOVEMBER 23, 2024

It serves as an essential element in making up the brand identity, customer loyalty, and market differentiation. It gives the respective companies a competitive edge in a saturated market. Trademarks can be very important for businesses entering new markets. Trademarks encompass a substantial portion of the deal’s value.

Branding 104

Branding Brands Branding Technology 104

The IPKat

APRIL 18, 2022

Here’s what happened (spoiler alert: Four Tet prevailed on some, but failed in others)… Background Mr Keiran Hebden, who goes by the artistic name of Four Tet, as a music artist, is suing his record label Domino Recording Company for breach of contract. The songs have since returned to streaming platforms.

Contracts 96

Contracts Music Copyright Copyright Infringement 96

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

Kluwer Copyright Blog

JANUARY 9, 2023

The proposal is the second major element of the European Data Strategy presented in 2020 and complements the Data Governance Act that is expected to be formally adopted this spring. Garrix had entered into a record production contract with the label at a very young age. T]he European Commission published its proposal for a Data Act.

Copyright 94

Copyright Blogging Fair Use Reporting 94

Technology & Marketing Law Blog

MARCH 10, 2022

In March 2020, plaintiffs began to have concerns about defendants’ loyalties to the business. Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. Tito & Tita appeared first on Technology & Marketing Law Blog.

Social Media 98

Social Media Contracts Ownership Business 98

Technology & Marketing Law Blog

SEPTEMBER 25, 2021

In March 2020, she contracted a respiratory illness. Konrath appeared first on Technology & Marketing Law Blog. Amyiah Cohoon is a high schooler in central Wisconsin. A COVID test came back negative, but the doctor told her it may be a false negative and told her to quarantine. She posted on Instagram that she had COVID.

Law 122

Law Social Media Government Contracts 122

The IPKat

SEPTEMBER 5, 2022

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. All this has been complicated by the fact that NFTs are both a new and complex concept.

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

U.S. Department of Commerce

FEBRUARY 25, 2022

In 2020, Commerce’s Minority Business Development Agency (MBDA) honored KFA with its Minority Innovative Technology Firm of the Year Award for its work with the Chicago Transit Authority.? Are you interested in expanding to international markets? companies to foreign markets. President and CEO of KFA, Inc.,

Business 80

Business Marketing Marketing Technology 80