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1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Technology & Marketing Law Blog

2021 WL 221878 (9th Cir Jan. 22, 2021): companies now pay so-called “influencers” to issue posts on social media touting their products or services. 2021 WL 2435307 (N.D. June 15, 2021). 2021 WL 151978 (N.D. 2021 WL 2476853 (E.D. La Marque, 2021 WL 1997376 (D. Advertising/E-Commerce. Ariix, LLC v.

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Cruella Costume Licensing: A Fashion Faux Pas

IPilogue

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
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AG Szpunar suggests that statutory assignment of performers’ rights against performers’ will is contrary to EU law (C-575/23)

The IPKat

18 to 23, which govern fair remuneration in exploitation contracts of authors and performers. Background The Belgian National Orchestra (ONB) and its musicians have been embroiled in a legal dispute since July 2021. This shall be without prejudice to any acts concluded and rights acquired before 7 June 2021.

Law 106
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Federal Circuit Ruling Underscores the “Future Affiliate” Trap in Licensing Agreements

LexBlog IP

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.,

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3 Count: Ford’s Tough

Plagiarism Today

The notices in question span a time period between September 2021 and November 2022. 3: Judge Rules in Favor of Ford on AirPro Contract, Copyright, Trademark violations. Ford alleged that these infractions amounted to both breach of contract and copyright violations. That amount totals $228.9 million in potential damages.

Contracts 208
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Eighth Circuit Says a Browsewrap Might Form a Contract (and It Wasn’t Even a “Browsewrap”)–Foster v. Walmart

Technology & Marketing Law Blog

Other dubious rulings in 2021 include Select Comfort v. The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. If the buyers went to Walmart.com after they made the purchase, then the terms seek to amend an existing contract formed at the time of purchase. (I’ve

Contracts 115
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FitBit’s Contract Formation Upheld Despite Different Ways of Linking to the TOS—Houtchens v. Google (with Bonus Contracts Quick Links)

Technology & Marketing Law Blog

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.