Technology & Marketing Law Blog

JANUARY 5, 2023

” Moreover, her contract claims are based on Defendants’ description of the tour conducted by MAT. 2022 WL 17737285 (D. 2022 WL 4456077 (C.D. July 29, 2022). Google LLC v Defteros [2022] HCA 27. 2022 WL 2181068 (N.D. 2022 WL 2181068 (N.D. June 16, 2022). 2022 WL 3586166 (N.D.

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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.

Blogging 127

Blogging Contracts Fair Use Copyright Law 127

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products.

Business 131

Business Contracts Branding Brands 131

Technology & Marketing Law Blog

JULY 2, 2023

The court summarizes: Mr. Mickleborough had a contract drafted for Achter to sell SWT 86 metric tonnes of flax to SWT at a price of $17.00 Mr. Mickleborough applied his ink signature to the contract, then took a photo of the contract using his cell phone. per bushel (which amounts to $669.26 In Bardales v.

Contracts 138

Contracts Blogging Technology Law 138

43(B)log

DECEMBER 16, 2022

Roup, 2022 WL 17670418, No. 12, 2022) Plaintiffs sued defendants for copyright infringement, violation of the Lanham Act, breach of contract, and violation of unfair competition law; copyright and breach of contract claims survived a motion to dismiss but the others didn’t. Breach of contract claims survived.

Marketing 57

Marketing Marketing False Advertising Contracts 57

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 96

Blogging Contracts Cease and Desist Social Media 96

Technology & Marketing Law Blog

JULY 22, 2022

This covers the breach of contract claim too. Contract breach. Dorsey , 2022 WL 2820107 (N.D. July 19, 2022). Dorsey appeared first on Technology & Marketing Law Blog. ” Cites to Roommates.com and Barnes v. Cite to King v. Prima Facie Case. See the dataset from last year. Case citation : Rangel v.

Contracts 101

Contracts Publishing Blogging Marketing 101

Technology & Marketing Law Blog

APRIL 29, 2022

The plaintiffs sued Facebook for (1) negligence; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) violations of California’s Unfair Competition Law, Cal. Twitter for this intersection of Section 230 and contract breach claims. 2022 WL 1240860 (N.D. April 27, 2022). & Prof.

Contracts 109

Contracts Advertising Advertising Publishing 109

IPilogue

JANUARY 9, 2023

I was seated with a digital marketing employee, employees in the clinical research and development team, and an employee in the respiratory team. AstraZeneca is a global company, some contracts can require engaging in services in other countries. AstraZeneca focuses on clinical research but also marketing and sales of its IP.

Business 110

Business Privacy Contracts Confidentiality 110

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.

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Social Media Branding Brands Branding 52

Technology & Marketing Law Blog

JUNE 18, 2022

The plaintiffs point to the Facebook-Cognizant contract as the source of that duty. 2022 WL 2106077 (M.D. June 10, 2022). Cognizant appeared first on Technology & Marketing Law Blog. ” Furthermore, Cognizant may not have had a duty to disclose. ” Nor does OSHA. ” Nor does OSHA.

Contracts 111

Contracts Blogging Business Technology 111

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 92

Blogging Contracts Copyright Law Copyright 92

Technology & Marketing Law Blog

AUGUST 12, 2023

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged. The appeals court says that the contract damages allegation was conclusory and insufficient, so that claim fails too.

Contracts 70

Contracts Licensing Business Blogging 70

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

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. 2022 WL 1459568 (N.D.

Contracts 125

Contracts Publishing Licensing Editing 125

Technology & Marketing Law Blog

MARCH 24, 2022

” It contracted with Vimeo to host and distribute up to 2,000 hours of videos/year. Daystar uploaded over 3,000 videos to Vimeo pursuant to this contract. ” Daystar sued Vimeo in NY state court for breach of contract and unjust enrichment. .” Contract Breach Claim. 2022 WL 839409 (N.Y.

Contracts 125

Contracts Television Blogging Publishing 125

Technology & Marketing Law Blog

FEBRUARY 9, 2022

regulated and domiciled checking, savings, money market, brokerage, or credit card Account of [the customer] held directly or indirectly by a Financial Institution and established primarily for personal, family or household purposes. New York law recognizes unjust enrichment despite the existence of a contract in “unusual” circumstances.

Contracts 106

Contracts Government Marketing Marketing 106

Technology & Marketing Law Blog

DECEMBER 10, 2022

2 claim, alleging that Google willfully monopolized a market. But which market? Dreamstime now says it’s complaining about the online search market; but the appeals panel concludes that Dreamstime repeatedly insisted to the lower court that it was complaining ONLY about the online search ad market. Case dismissed.

Advertising 101

Advertising Advertising Marketing Marketing 101

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.,

Social Media 116

Social Media Contracts Advertising Advertising 116

Technology & Marketing Law Blog

DECEMBER 28, 2022

Users sued Coinbase and its marketing agency, asserting claims under state law. Most recently Kieran covered International Markets v. Officially declared dead, 2022. Interestingly, the plaintiffs also named the marketing agency involved in the sweepstakes. Coinbase launched “Dogecoin promotion” sweepstakes in 2021.

Marketing 93

Marketing Marketing Contracts Blogging 93

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

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 80

Blogging Copyright Contracts Cease and Desist 80

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. The claimant then sued the defendant for an “equitable proprietary claim” over the Bored Ape NFT, conversion, breach of contract, and unjust enrichment.

Non-Fungible Tokens 118

Non-Fungible Tokens Contracts Advertising Advertising 118

Technology & Marketing Law Blog

NOVEMBER 9, 2022

Breach of contract exception. “By its terms, Section 230 does not provide any exception for contract claims. And courts routinely hold that Section 230 immunizes platforms from contract claims, where, as here, they seek to impose liability for protected publishing activity.” Breach of Contract. Twitter, Inc.

Contracts 72

Contracts Publishing Blogging Government 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). Forge of Empires appeared first on Technology & Marketing Law Blog. ” Products Liability. Implications. LEXIS 55640 (W.D.

Contracts 114

Contracts Advertising Advertising Confidentiality 114

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business. 7, 2022) can be found here.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Technology & Marketing Law Blog

APRIL 23, 2022

Plus, “Facebook cannot be said to have been a willful wrongdoer when the contract did not require it to preserve any content of its users.” April 20, 2022). Facebook appeared first on Technology & Marketing Law Blog. Also, Facebook’s TOS waives special damages. Peculiar Value. Case citation : King v.

Copying 104

Copying Contracts Blogging Law 104

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

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.

Contracts 98

Contracts Registration Designs Design 98

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager tried a variety of contract-based workarounds to Section 230. Going beyond the contracts, Prager looks to various “promises” it alleges that defendants made through public-facing comments. Indeed, the whole “but the algorithms” attack on Section 230 has always been nonsensical.

Contracts 137

Contracts Publishing Law Government 137

Technology & Marketing Law Blog

MAY 22, 2022

The court summarizes: Twitter’s immunity extends to all of Al-Ahmed’s suspension-based claims, but not his breach of contract claim based on Twitter’s failure to provide adequate justification for the suspension and to adequately or meaningfully address and consider his appeal from the suspension of his account.

Contracts 94

Contracts Government Publishing Blogging 94

Technology & Marketing Law Blog

JULY 14, 2022

That would be a legal fiction, but most online contract formation law is predicated on similar fictions). 2022 WL 2673080 (N.D. June 29, 2022). Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post). No Breach of Contract Claim from Mid-Stream Change of WSJ Online Pricing – Lebowitz v.

Contracts 110

Contracts Blogging Business Law 110

LexBlog IP

AUGUST 9, 2022

NBA star Zion Williamson has more to celebrate than his recently announced five-year maximum rookie contract extension with the New Orleans Pelicans , worth up to $239 million. Williamson was also victorious in a lawsuit he filed against his former agent Gina Ford, and her agency Prime Sports Marketing LLC (“Prime Sports”).

Contracts 52

Contracts Branding Brands Branding 52

Technology & Marketing Law Blog

APRIL 26, 2023

Although we have experienced a technological revolution in the way parties communicate, technological innovation has not altered these fundamental principles of contract formation… there is no evidence that the email allegedly sent to drivers adequately notified drivers of the update. ” Judge Graber dissents in part.

Contracts 78

Contracts Copying Technology Licensing 78

LexBlog IP

NOVEMBER 27, 2023

17/2022, regulating the connection of distributed renewable energy production units to the electricity network, reflects the country’s commitment to transforming its energy sector, promoting sustainability, and attracting foreign investments. This ensures a competitive market environment that is appealing to businesses and investors.

Ownership 52

Ownership Contracts Marketing Marketing 52

Velocity of Content

DECEMBER 2, 2022

More than 250 employees in editorial, sales, publicity, design, legal, and marketing departments at HarperCollins have been on strike since November 10, notes Andrew Albanese , Publishers Weekly senior writer.

Contracts 52

Contracts Publishing Reporting Designs 52

U.S. Department of Commerce

FEBRUARY 25, 2022

February 25, 2022. Fri, 02/25/2022 - 10:37. Minority business enterprises can access a variety of technical assistance, including access to capital, contracts, and markets by contacting a local MBDA Business Center. Are you interested in expanding to international markets? companies to foreign markets.

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Business Marketing Marketing Technology 98