43(B)log

JUNE 22, 2022

2022 WL 2205263, -- F. 22, 2022) Held: A warranty is not “commercial advertising or promotion” under the Lanham Act. Plaintiffs sued for breach of contract under Tennessee common law and false advertising in violation of the Lanham Act. (OK, Plateau Casualty Ins. Securranty, Inc., 3d --, No. 2:22-cv-00007 (M.D.

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Advertising Advertising False Advertising Contracts 72

TorrentFreak

NOVEMBER 18, 2022

People generating advertising revenue from ‘Fast Movies’ certainly wouldn’t improve things either. Another key goal of media companies worldwide is to prevent pirate sites from generating revenue from advertising. Signs that movie companies were about to send a message trickled through last year.

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Editing Television Copyright Infringement Advertising 145

Technology & Marketing Law Blog

AUGUST 23, 2022

Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K.,

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Social Media Contracts Advertising Advertising 138

43(B)log

DECEMBER 12, 2022

2022 WL 5245633, No. 6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that false advertising had interfered with the debtor’s estate in violation of the automatic stay. Windstream has a 2-year contract. With Spectrum there are no contracts. 21-CV-4552 (CS) (S.D.N.Y.

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False Advertising Advertising Advertising Contracts 59

LexBlog IP

JANUARY 4, 2022

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Franken-contracts can ruin your business. reportAd: {.

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Contracts Business Confidentiality Privacy 52

43(B)log

JANUARY 6, 2022

4 th , 2022 WL 39839, No. 5, 2022) The court finds that, contrary to the district court’s holding, at least some of the underlying lawsuit’s allegations claimed that Vitamin Energy made disparaging statements about 5-hour Energy, thus triggering the insurer’s duty to defend under its “advertising injury” policy. Evanston Ins.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

Technology & Marketing Law Blog

MARCH 29, 2022

” Breach of Contract. The alleged breaches appear to be the game’s failure to enforce possible contract breaches by other users. Innogames, 2022 U.S. March 28, 2022). ” Products Liability. An online videogame isn’t a “product.” Implications. Case citation : Quinteros v.

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Contracts Advertising Advertising Confidentiality 122

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.

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Blogging Contracts Fair Use Copyright Law 130

JD Supra Law

SEPTEMBER 9, 2022

On February 15, 2022, the Georgia Supreme Court held that the sale of one’s trade name in a keyword advertising service is not the theft of another’s trade name. 305, 2022 Ga. Lexis 29, 2022 WL451876 (Ga. Lexis 29, 2022 WL451876 (Ga. In Edible IP, LLC v. Google, LLC, 313 Ga. By: Dunlap Bennett & Ludwig PLLC

Advertising 52

Advertising Advertising Contracts IP 52

TorrentFreak

MARCH 24, 2025

It has been unable to secure a long-term broadcasting contract to guarantee its financial stability. More recent estimates for football alone suggest a piracy rate of over 50%, that’s despite the introduction of dynamic injunctions and the blocking of 7,000 domains since 2022. Amendments to Article L.

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Technology & Marketing Law Blog

JULY 9, 2022

Match Group LLC , 2022 WL 877107 (N.D. March 24, 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.” Donegan , 2022 WL 992527 (E.D.N.Y. March 31, 2022).

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Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager tried a variety of contract-based workarounds to Section 230. At most, the Advertiser-friendly content guidelines permit users to “request human review of [monetization] decisions made by [defendants’] automated systems.” Note how this explicitly covers both leave-up and takedown decisions.

Contracts 145

Contracts Publishing Law Government 145

Technology & Marketing Law Blog

JANUARY 12, 2022

So it’s a nostalgic kick to blog a pure click fraud ruling in 2022. ” For standing purposes, it doesn’t matter that he still advertises through AdWords. Also, many advertisers are pretty sophisticated and would interpret Google’s statements more skeptically than Singh did. Commonality. ” Typicality.

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Advertising Advertising Settlement Blogging 113

43(B)log

APRIL 26, 2022

2022 WL 912890, No. Meta’s Ads Manager displays a “Potential Reach” for an ad after advertisers select their targeting and placement criteria; the default for people in the United States aged 18 and up was over 200 million people, revised as demographic targeting criteria are selected. DZ Reserve v. Meta Platforms, Inc.,

Advertising 66

Advertising Advertising Social Media Contracts 66

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

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

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Contracts Registration Design Designs 125

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

43(B)log

AUGUST 5, 2022

CV-21-00228-TUC-SHR, 2022 WL 3098042 (D. 4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad?

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Advertising Advertising False Advertising Contracts 59

Technology & Marketing Law Blog

DECEMBER 10, 2022

It had favorable organic indexing that made it some money, and it bought Adwords advertising that made it more money. But over time, its organic indexing declined and so did its conversion rate on advertising. These allegations fall short of alleging anticompetitive conduct in the online search advertising market.

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IPilogue

DECEMBER 8, 2022

The Singapore High Court ruled on 21 October 2022 that non-fungible tokens (NFTs) can now be considered property, Coindesk reports. They are minted using smart contracts. He then advertised sale of the Bored Ape NFT.

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Non-Fungible Tokens Contracts Advertising Advertising 117

43(B)log

FEBRUARY 21, 2022

19-cv-2970, 2022 WL 486999 (ECT/DTS) (D. 17, 2022) NordicTrack allegedly can’t achieve or maintain the continuous horsepower defendants represented the treadmills were capable of. Icon Health & Fitness, Inc., They needed to file an amended complaint specifying when they gave pre-suit notice, though.

Advertising 59

Advertising Advertising Contracts Law 59

Technology & Marketing Law Blog

NOVEMBER 30, 2022

I guess RCN can better manage its copyright liability exposure by advertising that it provides shitty connections. RCN Telecom Services, LLC , 2022 WL 6750322 (D.N.J. 2022 WL 7560395 (D. Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? BONUS: Millennium Funding, Inc.

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Copyright Advertising Advertising Copyright Infringement 139

43(B)log

MARCH 23, 2022

Top Shelf Golf, LLC, 2022 WL 834790, No. 21, 2022) Weird edge case! Motogolf bought online ads on a pay-per-click contract “wherein ads would stop appearing to others if they were clicked a certain number of times in a given period.” But clicking on an ad is not plausibly commercial advertising or promotion.

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Advertising Advertising False Advertising Contracts 45

TorrentFreak

NOVEMBER 19, 2022

It’s currently available via free download and generates revenue from in-app advertising, some of it provided by Google according to a recent analysis. Part of this success is likely attributable to the “smooth” and “lag-free” streams PikaShow advertises. site, i-cdn-0.jonahz-viccen-i-202.site,

Advertising 143

Advertising Advertising Copyright Editing 143

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service. 2022 WL 4372349 (N.D. & Prof. Section 230.

Contracts 119

Contracts Social Media Advertising Advertising 119

Technology & Marketing Law Blog

JUNE 10, 2022

Breach of contract, perhaps? But that would only be enforceable by users in contract privity). Is it false advertising for Facebook to describe the groups as “private”? Does that create a claim for false advertising? 2022 WL 2063231 (D. June 8, 2022). Case citation : Davis v. The complaint.

Privacy 144

Privacy False Advertising Contracts Advertising 144

43(B)log

MARCH 14, 2023

As alleged, Each ISP’s contract grants it a certain service area, or “route,” and the ISP is permitted to sell its route to another entity if they can agree on terms. Together they are known as CSPs, contracted service providers. Was this “commercial advertising or promotion”? Route Consultant, Inc., 2023 WL 2466624, No.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

False Advertising 56

False Advertising Advertising Advertising Social Media 56

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

SEPTEMBER 9, 2022

False Advertising. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. ” This is a highly defense-favorable reading of the contract provision. 2022 WL 4021776 (N.D. eBay case from 2008.

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False Advertising Privacy Publishing Advertising 143

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 NFTs – still subject to “old” IP law An NFT is a non-fungible (i.e. Ether (USD 1+ million).

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Non-Fungible Tokens Contracts Copying Art 135

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 98

Blogging Contracts Copyright Law Copyright 98

43(B)log

APRIL 29, 2022

C20-1018-DGE, 2022 WL 1215529 (W.D. And the Patent Act dosen’t preempt “fraud/misrepresentation-based state or federal unfair competition laws, nor state contract and tortious interference laws, as they address conduct beyond mere infringement or noninfringement.” Studio 010 Inc. Digital Cashflow LLC, No.

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Advertising Advertising Contracts Patent 45

43(B)log

FEBRUARY 7, 2022

2022 WL 320952, No. Vohra Wound Physicians” is used to refer to their physician practice groups in marketing materials and in contracts with facilities. Defendants’ counterclaim: Did Wound Care’s statements about the illegality of defendants’ program occur in commercial advertising or promotion? Wound Care Concepts, Inc.

Advertising 45

Advertising Advertising False Advertising Contracts 45

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

Technology & Marketing Law Blog

JUNE 2, 2022

May 31, 2022). Tattoo Advertising/Human Billboards. Also, see Q2 of my 2005 contracts law exam and the sample answer. ” That sends the issue to the jury. Nature of the Work. It’s a creative photo, but it was published. Case Citation : Sedlik v. Von Drachenberg , 2:21-cv-01102-DSF-MRW (C.D. Warner Bros.

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Copyright Social Media Fair Use Licensing 145

43(B)log

DECEMBER 16, 2022

1-22-0662, 2022 IL App (1st) 220662-U (Ill. It alleged federal trademark infringement, false description, false advertising, and dilution and related state claims, including breach of an earlier settlement. The relevant policies provided liability coverage for personal and advertising injury.

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