Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

IIPRD

JANUARY 29, 2023

It varies from creating an alternate persona on a social media account to voicing an animated character in a movie. The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. 4] Andrew L.

IP 52

IP Artwork Contracts Intellectual Property 52

Technology & Marketing Law Blog

DECEMBER 7, 2022

” Prager, which makes misleading videos that appear designed to radicalize kids to the MAGA agenda, sued YouTube over its demonetization decisions, claiming that YouTube had engaged in biased content moderation. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 138

Contracts Publishing Law Government 138

Corsearch

APRIL 19, 2023

Read insights from fashion brand Tommy Hilfiger and a leading social media consultant on how brands can raise awareness of the dangers of counterfeits and turn this into a positive message for change. Increasingly, Gen Z uses social media to purchase branded goods.

Branding 40

Branding Brands Branding Social Media 40

Copyright Lately

APRIL 6, 2024

Yonay’s widow and son launched the legal action in June 2022 after Paramount Pictures released the blockbuster sequel Top Gun: Maverick without renegotiating a license to adapt Yonay’s “Top Guns” article, despite a 2018 copyright termination notice served by his heirs. As always, I’d love to know what you think.

Copyright 89

Copyright Copyright Infringement Social Media Licensing 89

LexBlog IP

MARCH 15, 2022

Defendants are five former network salespeople of Belle Cosmetics, who plaintiff alleges, helped design and launch a competing product line for a company called Juvanae LLC. 7, 2022) can be found here. Stay tuned. The court’s opinion in Tori Belle Cosmetics LLC v. C21-0066RSL (W.D.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

IP Tech Blog

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law. And in February 2022, Nike, Inc.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

Social Media 100

Social Media Law Blogging Publishing 100

43(B)log

NOVEMBER 28, 2022

2022 WL 17218077, No. 2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. Here, Monster’s alleged interference with Vital’s contracts was unrelated to the contracts Monster sought to enforce. Monster Energy Co. Vital Pharmaceuticals, Inc.,

False Advertising 59

False Advertising Advertising Advertising Social Media 59

LexBlog IP

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

JIPEL Copyright Blog

MARCH 9, 2022

The museum industry, it would seem, is taking note of technology’s growing role in its operations, particularly in regards to visitor engagement and staying relevant in a social media-driven society where declining visitation rates have only been exacerbated by the ongoing pandemic.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

LexBlog IP

JANUARY 26, 2022

Hayley Paige is a bridal gown designer. The parties are now fighting over control and ownership of certain social media accounts created during the pendency of Ms. As of January 2022, the Instagram account had over a million followers (@misshayleypaige). Paige may not use the social media accounts to do so.

Social Media 52

Social Media Ownership Contracts Intellectual Property 52

Technology & Marketing Law Blog

OCTOBER 28, 2022

Booking Holdings , 2022 WL 13946243 (D. 24, 2022), presents a fact-pattern that just about anyone can understand. Power Ventures was a platform that attempted to enable users to manage all their social media accounts from one platform. That’s not what the statute is designed to prevent. –RyanAir v.

Blogging 89

Blogging Cease and Desist Business Litigation 89

Trading Secrets

MARCH 22, 2022

But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions.

Social Media 59

Social Media Contracts Confidentiality Business 59

The IPKat

MARCH 27, 2022

A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ). Although their products have the "country" look and feel about them, the products aren't designed for serious country wear.

Designs 52

Designs Design Copying Art 52

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. Age-Appropriate Design Code.

Privacy 140

Privacy Designs Design Business 140

Kluwer Copyright Blog

SEPTEMBER 28, 2022

© Simon Geiregat 2022. In combination with the legislative design and other uncertainties about its modalities of exercise, these characteristics have caused the GDPR portability to have limited success in practice. Portability as a Consumer Contract Remedy. Data portability rights are hot in EU legislation.

IP 92

IP Contracts Social Media Copying 92

Kluwer Copyright Blog

MAY 11, 2023

These contract law provisions, totally alien to the Irish legal tradition, are designed to apply in negotiations and contractual relationships between artists and commercial exploiters of their works, including social media platforms and streaming services.

Copying 101

Copying Copyright Law Copyright Social Media 101

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

Fair Use 59

Fair Use Contracts Litigation Copying 59

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Corsearch

NOVEMBER 28, 2023

They’re not always outside of your supply chain either – they can be ‘insiders’ creating more supply than contracted or selling outside of agreed markets. Infringers follow social media pages, brand updates, events and global trends to see which products are in demand. There are two routes they can take: Mass marketplaces (e.g.,

Branding 52

Branding Brands Branding Cease and Desist 52

Kluwer Copyright Blog

SEPTEMBER 29, 2022

© Ernesto López and Simon Geiregat 2022. Once designated, gatekeepers must refrain from listed practices that are considered unfair and that the Commission may further specify, on penalty of monster fines. Its objectives go further, though.

IP 54

IP Ownership Marketing Marketing 54

Technology & Marketing Law Blog

AUGUST 7, 2023

Meanwhile, product design is the real Section 230 battlefront today, and the Lemmon case is the flagship case for that line of litigation. Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. I posted the 2022 version. Contracts Meyer v. Social Media People v. PhotoPlaza (9th Cir.)

Editing 52

Editing Law Contracts Privacy 52

Technology & Marketing Law Blog

SEPTEMBER 17, 2021

In 2016, the Federal Patent Court rejected a requested trademark registration of the term “EMOJIS” for chocolate because this expression was already an established designation for figurative symbols in electronic communication (in the German language, the plural of emoji is “Emojis”). Emoji as marginal notes. Emoji as dispositive.

Blogging 82

Blogging Social Media Publishing Reporting 82

LexBlog IP

APRIL 25, 2022

On February 4, 2022, the Treasury Department published its Study on the Facilitation of Money Laundering and Terror Finance Through the Trade in Works of Art (the “Report”). [1] ” [25] This is especially true on third-party sales websites (social media marketplaces, eBay, etc.), ” [23]. ” [26].

Art 52

Art Marketing Marketing Due Diligence 52

IP and Legal Filings

FEBRUARY 20, 2024

” Dark patterns are deceptive tactics or design patterns that impair people’s autonomy, decision-making, or choice to force them to do something. The plaintiff filed the defence of personality rights infringement based on the contract that allocated the personas to them.

Personality Rights 64

Personality Rights Privacy Social Media Copyright 64

IP and Legal Filings

FEBRUARY 7, 2023

In 2022, “Gucci” and “Roblox” opened a permanent “Gucci Town” as part of their ongoing partnership. The platform integrates platforms, digital accelerators, domain and design skills, and solid partnerships in a “rich creator-partner economy.”

Trademark 86

Trademark Non-Fungible Tokens Branding Brands 86

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 112

IP Copyright Trademark Intellectual Property 112

IIPRD

JANUARY 18, 2022

NFTs are created using “smart contracts,” which are software codes that govern actions such as validating ownership and regulating their transferability. Even premium watch brands are promoting NFT auctions through the many social media platforms accessible. is here to stay, and there’s no end in sight.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”.

Social Media 92

Social Media Ownership Contracts Privacy 92

Copyright Lately

DECEMBER 12, 2022

Joined by Ross and the heirs of Wong Won, who died in 2017 , Campbell served a Notice of Termination (read here) announcing that the members of 2 Live Crew would recapture the copyrights in their albums beginning in November 2022. In September 2022, Lil’ Joe filed a summary judgment motion in the case (read here).

Copyright 103

Copyright Music Fair Use Social Media 103

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. 28, 2022): – “Defendants argue that May fails to allege a specific action Defendants took or failed to take that breached a duty under the CCPA to maintain “reasonable” security measures.

Social Media 74

Social Media Privacy Advertising Advertising 74

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. In September 2021, Coakley issued his “Director’s Statement” on social media to coincide with Runt ‘s official release.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

Technology & Marketing Law Blog

JULY 31, 2022

Definition of “Hateful conduct” means “the use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.”

Social Media 112

Social Media Reporting Government Law 112

Technology & Marketing Law Blog

JANUARY 27, 2022

First, governments can never successfully operate a social media service. Of course, mobs, riots, rebellions, pogroms, lynchings, and other coordinated killings have taken place throughout human history, well before social media existed. social media has played an outsized role in finding and prosecuting the insurrection.

Social Media 129

Social Media Law Privacy Government 129