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 77

Contracts Designs Design False Advertising 77

The IPKat

DECEMBER 16, 2021

The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract. The photographs were taken at a shoot organised by Orisun TV, owned by Virtual Media Network (“VMN”), who subsequently licensed the photographs to NTA-Star. Interested readers can find the Africa IP Highlights 2020, here.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

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 97

Blogging Contracts Cease and Desist Social Media 97

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

LexBlog IP

JULY 26, 2023

46/2021 Electronic Transactions and Trust Services. 46/2021: Enhancing Trust and Facilitating Electronic Transactions Federal Decree-Law No. 46/2021 focuses on promoting electronic transactions, investment, and the provision of electronic services to the public. These contracts are legally valid and enforceable.

Business 52

Business Advertising Advertising Contracts 52

Indiana Intellectual Property Law

SEPTEMBER 28, 2022

According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021. He also stated that he created Intellectual Property for the Defendants’ social media accounts, digital marketing, and other advertising vehicles.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

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

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] The concepts of ownership and licensing are relevant in this context. Licensing and ownership: What’s the catch? 75, (Cambridge University Press, 2021). [2]

Non-Fungible Tokens 83

Non-Fungible Tokens Government Law Ownership 83

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing. Maryland: First ever digital advertising tax, on gross receipts.

Advertising 40

Advertising Advertising Law Privacy 40

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 123

Advertising Advertising Publishing Blogging 123

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 106

Contracts Privacy Social Media Advertising 106

The IPKat

JULY 18, 2021

As such, whereas other streaming services negotiate to license music that they subsequently make that available to consumers, YouTube effectively negotiates licences for music that users are already providing through the service. Plot twist!

Music 138

Music Contracts Reporting Marketing 138

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

IP and Legal Filings

APRIL 8, 2023

Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person. Copyright And Licensing Questions India’s film industry produces the most films in the world, with a national and international audiences.

Privacy 78

Privacy Law Intellectual Property Music 78

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 85

Contracts Privacy Blogging Litigation 85

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).

Editing 90

Editing Social Media Blogging Advertising 90

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 75

Contracts Advertising Advertising Privacy 75

The IPKat

DECEMBER 6, 2021

EVENTS ALAI Canada Conference “ In conversation with William Patry ” (9 December 2021) On December 9, 2021, from 12:00 p.m. Participation is free of charge, but registration is required by December 7, 2021, and is available here. We welcome December with some interesting IP events and opportunities to highlight! to 1:00 p.m.

Intellectual Property 64

Intellectual Property Intellectual Property Law IP Copyright Law 64

IPilogue

JANUARY 21, 2022

In 2021, global e-sports revenue is said to have reached a whopping $1 billion USD, and is projected to increase to $1.6 Game publishers can decide what teams/players may compete, who may host tournaments, and how tournaments are advertised and broadcasted. billion USD by 2024.

Publishing 110

Publishing Intellectual Property IP Licensing 110

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Fish attorneys Jenny Shmuel , Philip Chen , and Kayleigh McGlynn authored a Biosimilar Development article, “ Regulatory And Legislative Actions Set The Tone For Biosimilars In 2021.” This article focuses on regulatory and legislative actions in 2020 that may impact the burgeoning biosimilars space in 2021 and beyond.

Settlement 40

Settlement Licensing Designs Design 40

TorrentFreak

JANUARY 31, 2023

This content is freely available and monetized through advertisements. MindGeek Sues Goodporn Initially filed in 2021 at a federal court in California, the copyright infringement lawsuit accuses the site and its operator of large-scale copyright infringement. The notices were illegitimate, Kumar argues.

Copyright Infringement 80

Copyright Infringement Contracts Ownership Copyright 80

43(B)log

MARCH 23, 2023

“Regardless of which device is used to access digital content, or which ‘iTunes’ app is used to buy or rent the digital content, the app provides a tab or folder labeled ‘purchased.’ ” But when third parties terminate their licensing agreements with Apple, Apple “must revoke [a] consumer[’s] access” to purchased digital content “without warning.”

Licensing 72

Licensing Advertising Advertising Ownership 72

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 90

Licensing Copyright Contracts Advertising 90

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 96

Publishing Government Contracts Law 96

43(B)log

OCTOBER 8, 2021

23, 2021) Evel Knievel was a famous motorcycle daredevil with an “iconic wardrobe: a white jumpsuit embellished only by star-spangled red, white, and blue patriotic insignia with a matching white cape and helmet and a motorcycle adorned by red, white, and blue colors.” The toy could not perform as advertised in the commercial.

Advertising 59

Advertising Advertising Social Media Licensing 59

The IPKat

JANUARY 18, 2022

Already in June 2021, the Bundekartellamt had initiated proceedings against Google following a complaint by Corint Media concerning Google’s licensing and presentation practices i.a. Prior to the launch of the services, Google entered into licensing agreements with a range of German publishers. in the News Showcase service.

Publishing 52

Publishing Marketing Marketing Advertising 52

TorrentFreak

JANUARY 31, 2023

This content is freely available and monetized through advertisements. MindGeek Sues Goodporn Initially filed in 2021 at a federal court in California, the copyright infringement lawsuit accuses the site and its operator of large-scale copyright infringement. The notices were illegitimate, Kumar argues.

Copyright Infringement 68

Copyright Infringement Contracts Ownership Copyright 68

LexBlog IP

SEPTEMBER 15, 2022

They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

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 127

False Advertising Marketing Marketing Advertising 127

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

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. 2021 WL 5893161 (S.D. assertions.

Registration 113

Registration Fair Use Copyright Designs 113

IPilogue

APRIL 28, 2022

In March 2021, Rogers Communication Inc. In Canada, Google and Facebook pocket four-fifths of online advertising revenues, yet no laws have come in to stop them. Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School.

Television 73

Television Journalism Government Law 73

43(B)log

OCTOBER 6, 2021

International Association of Certified Home Inspectors, 2021 WL 492482, No 18-cv-01559-RBJ (D. 10, 2021) Although an individual's comments linking his rival to NAMBLA and Jeffrey Dahmer were non-actionable non-facts, statements arguably closer to his expertise were falsifiable despite his over-the-top online persona.

False Advertising 59

False Advertising Advertising Advertising Licensing 59

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This judgment concerned the classification of payments under end-user license agreements (EULA). c) Top 10 Other IP Developments.

IP 136

IP Intellectual Property Copyright Trademark 136

LexBlog IP

DECEMBER 28, 2021

For 2021, 23 states introduced comprehensive privacy bills. Provided data privacy is regulated on a state-by-state level, businesses need to know which jurisdictions they offer or advertise their services and products to, or collect and utilize consumer data from. Ensure data privacy measures are included in contracts.

Privacy 52

Privacy Government Intellectual Property Business 52

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

Technology & Marketing Law Blog

DECEMBER 18, 2021

Query: if the only newspaper in town decides which advertisements may properly be posted or which advertisements to accept, does a rejected advertiser suffer an anti-trust injury? Breach of Contract. 2021 WL 5936910 (N.D. That is not the kind of injury antitrust laws are intended to protect. Implications.

Reporting 104

Reporting Law Contracts Advertising 104