43(B)log

SEPTEMBER 14, 2021

Trade Data Monitor, LLC, 2021 WL 2134909, No. May 21, 2021) A trade secret/similar case in which IHS owns a database called Global Trade Atlas, which it acquired from the people who founded defendants, and you can basically guess what happened next. Nor did the memo breach the nondisparagement clause in the parties’ contract.

Advertising 59

Advertising Advertising False Advertising Contracts 59

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.” 2021 WL 4927417 (Tex. Wohl, 2021 U.S. ” The court rebuffed the FTC’s attempt to distinguish Dyroff.

Advertising 131

Advertising Advertising Publishing Blogging 131

43(B)log

NOVEMBER 19, 2021

6:21-cv-326-MC, 2021 WL 5316986 (D. 15, 2021) Previous motion to dismiss. 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. Meredith Lodging LLC v. Vacasa LLC, No. In Grubbs v. Sheakley Grp.,

Advertising 59

Advertising Advertising Marketing Marketing 59

IPilogue

JULY 15, 2021

Disney’s Cruella , released in May 2021 , tells the story of two haute couture designers battling for recognition in the fashion industry. Then, in May 2021, the fashion brand Rag & Bone advertised a new, officially-licensed Cruella -inspired collection—without Beavan’s knowledge or attribution.

Licensing 105

Licensing Contracts Designs Design 105

43(B)log

OCTOBER 4, 2021

Vining, 2021 WL 4344891, No. False advertising: This one survived: By listing LStar developments under the heading “Oak City Representative Developments,” “the proposal necessarily implies that defendant Oak City developed those properties.” LStar Development Gp., 5:20-CV-184-FL (E.D.N.C. Not every word on a label or ad is a mark.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

The IPKat

DECEMBER 16, 2021

The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract. Since he used the company resources to produce the drawings, the architectural drawings became commissioned works by the Company under a contract of service. Interested readers can find the Africa IP Highlights 2020, here.

Copyright 90

Copyright IP Ownership Copyright Infringement 90

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Amazon, 2021 U.S.

Contracts 105

Contracts Privacy Blogging Litigation 105

43(B)log

SEPTEMBER 10, 2021

3d -, 2021 WL 2433944, No. 15, 2021) Logistick sells disposable load bars which are used to secure cargo freight during transport. AB allegedly began advertising for a similar product, claiming that its load bars have “30% more Holding Power than similar Disposable Load Bars,” allegedly an admitted reference to Logistick.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

FEBRUARY 3, 2022

3d -, 2021 WL 4340670, No. 22, 2021) This case should be of interest to people working on contextual advertising. Common sense tells us that this is not a simple advertisement.” “It It is a work of fashion journalism that, like every fashion magazine, happens to contain advertisements.” Champion v. And that’s true.

Advertising 64

Advertising Advertising Design Designs 64

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

JUNE 4, 2024

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A Rather than engaging this contract law issue directly, the court rules for YouTube on Section 230 grounds: Lady Freethinker’s claims ultimately seek to treat Google as the publisher or speaker of content provided by another information content provider.

Contracts 98

Contracts Design Designs False Advertising 98

43(B)log

AUGUST 16, 2021

2021 WL 3552175, No. 11, 2021) Another timeshare versus timeshare exit false advertising case. Marketing Defendants allegedly falsely advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts. We will remove all liability from your timeshare contract.”

False Advertising 72

False Advertising Advertising Advertising Contracts 72

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

AUGUST 16, 2021

City of Pasadena, 2021 WL 3553499, No. 12, 2021) For over a century, PTRA has hosted the Rose Parade and Rose Bowl Game as part of its annual New Year’s Day Celebration. It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

43(B)log

SEPTEMBER 17, 2021

2021 WL 2453394, No. 16, 2021) Along with breach of contract and tortious interference claims, Energizer alleged that MTA falsely advertised by selling batteries with Energizer’s mark and then by fulfilling orders with products different from those advertised and shipping batteries to consumers that were “used, aged, or tampered-with.”

False Advertising 45

False Advertising Advertising Advertising Contracts 45

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S federal court which has jurisdiction in the case pursuant to Title 28 of the United States Code.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

Privacy 116

Privacy Marketing Marketing Social Media 116

43(B)log

SEPTEMBER 28, 2021

Roach, 2021 WL 4134836, No. 1, 2021) Entrepreneur, a frequent trademark claimant, sought to amend its complaint and add new parties to the TM claims here. Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.” Entrepreneur Media, Inc.

False Advertising 45

False Advertising Advertising Advertising Contracts 45

IPilogue

JULY 28, 2021

Early July 2021, Roderique received a message from a friend who had visited The Hudson’s Bay Company (The Bay) where she came upon Roderique’s photo for the company’s “ Charter for Change ” initiative. The Bay has since removed the image from all advertising. Roderique’s Response. However, the Act includes an exception.

Copyright Infringement 111

Copyright Infringement Copyright Social Media Ownership 111

TorrentFreak

OCTOBER 27, 2024

“Brazil’s legitimate online audiovisual services continue to suffer from the pervasive availability of illicit, advertising-supported services, despite the increasing availability of legitimate options,” MPA notes. After all, the contract is not linked to an address like it works with cable TV,” Grigolo explained.

Contracts 112

Contracts Government Copying Reporting 112

43(B)log

SEPTEMBER 16, 2021

6:21-cv-326-MC, 2021 WL 2546273 (D. 21, 2021) The parties compete to manage vacation rental properties located in Oregon. The court found that the alleged statements weren’t “commercial advertising” covered by the Lanham Act. The court found that the alleged statements weren’t “commercial advertising” covered by the Lanham Act.

Advertising 45

Advertising Advertising False Advertising Marketing 45

LexBlog IP

OCTOBER 1, 2021

The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. Contract lawyers know that to be enforceable a promise must be supported by consideration. One-size-fits-all contracts always need fine-tuning. Application. Consideration.

Contracts 59

Contracts Confidentiality Privacy Ownership 59

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. August 27, 2021]. Other posts.

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

IP and Legal Filings

DECEMBER 25, 2022

The current trend in internet law, has tended to elevate companies’ rights through contracts and licences while demoting owners to simple users. [1] 5] Despite the fact that NFTs are managed by smart contracts, they are advertised, sold, collected, exhibited, transferred, invested, and generally handled as personal property by people.

Non-Fungible Tokens 98

Non-Fungible Tokens Government Law Ownership 98

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

SEPTEMBER 30, 2021

Pandora Marketing, LLC, 2021 WL 1573073, CV 20-5486 DSF (ADSx) (C.D. 12, 2021) Another timeshare company v. The lawyers allegedly added legitimacy and effectiveness to the scheme because the marketing defendants advertise that they work with a “team of professionals” and “attorney[s],” which helps “close the deal” with new customers.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet).

Social Media 98

Social Media Editing Blogging Advertising 98

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. ” The IWL is Considered Secret, Police Refuse to Comment.

Advertising 102

Advertising Advertising Reporting Intellectual Property 102

43(B)log

SEPTEMBER 1, 2021

2021 WL 3373914, No. 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. The complaint alleged that “[m]ost LinkedIn advertisers are small businesses.”

Business 59

Business Advertising Advertising Contracts 59

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. amended opinion July 21, 2021). See, e.g., E-Ventures Worldwide, LLC v.

False Advertising 141

False Advertising Contracts Editing Advertising 141

Technology & Marketing Law Blog

FEBRUARY 14, 2024

But this fact does not turn a conduit website like GMB into a livery… GMB simply provided a platform for Petitioner Chaves (the livery) to perform the tasks of advertising his boat rental, negotiating a rate, renting his own vessel, and earning a rental fee. .'” Publisher/Speaker Claim. portion of the total rental fee.

Contracts 98

Contracts Advertising Advertising Privacy 98

43(B)log

JANUARY 13, 2022

million Dogecoin (DOGE) sweepstakes in June 2021, and who purchased or sold Dogecoins on a Coinbase exchange for a total of $100 or more between June 3, 2021 and June 10, 2021.” Opt in and then buy or sell $100 in DOGE on Coinbase by 6/10/2021 for your chance to win. So, which contract governed?

Contracts 59

Contracts Advertising Advertising Government 59

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. In January 2021, Bumble sought to add an arbitration clause to its TOS. Bumble successfully redirects the case to arbitration based on its TOS. Alkutkar joined Bumble in 2016. ” Unconscionability.

False Advertising 141

False Advertising Marketing Marketing Advertising 141

43(B)log

OCTOBER 26, 2021

Sussman, 2021 WL 4948099, No. 20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales pitches to timeshare owners to convince them to sign up for TET’s service.” Sussman, 2021 WL 4949162, No.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

AUGUST 12, 2021

2021 WL 1215869, No. 31, 2021) Plaintiffs alleged that Safelite misrepresented the nature and characteristics of plaintiffs’ products to consumers in violation of the Lanham Act. Safelite counterclaimed for trade secret theft not related to advertising. Campfield v. Safelite Gp., 2:15-cv-2733 (S.D. can be safe and is viable.”

False Advertising 45

False Advertising Advertising Advertising Marketing 45

The IPKat

DECEMBER 13, 2022

Interested readers can find the Africa IP Highlights 2021, here. In February , Kenya’s parliament passed the Copyright Amendment Bill 2021. He further alleged inter alia that the bank later reneged on its promise and yet, used the composition to advertise its “wings to fly” programme without his authorization and consent.

Copyright 122

Copyright IP Music Ownership 122

Technology & Marketing Law Blog

NOVEMBER 15, 2022

In 2021, Jess Miers and I published an article in the Journal of Free Speech Law (run by the UCLA Law School) entitled “ Online Account Terminations/Content Removals and the Benefits of Internet Services Enforcing Their House Rules.” When we finalized our dataset in early 2021, we found 62 opinions. Section 230.

Publishing 105

Publishing Government Contracts Law 105