43(B)log

JUNE 26, 2023

3d -, 2023 WL 2720805, No. 30, 2023) This is fallout from one of the many right of publicity etc. lawsuits against clubs for advertising them with images of models without those models’ consent. Covered personal/advertising injury included d. The use of another’s advertising idea in your “advertisement”; or g.

Advertising 56

Advertising Advertising False Advertising Intellectual Property 56

The IPKat

OCTOBER 8, 2024

In a case involving a patent for herbicide compositions, the UPC Munich Local Division was asked to consider whether the alleged infringer's marketing of a product within the Contracting Member States under the same brand name as a clearly infringing product sold outside the Member States created a risk of first (or imminent) infringement.

Advertising 64

Advertising Advertising Patent Infringement Cease and Desist 64

Technology & Marketing Law Blog

SEPTEMBER 8, 2023

The court dismisses the contract and IIED claims on Section 230 grounds. In our Advertising & Marketing Law casebook, Prof. 2023 WL 5749258 (N.D. 6, 2023) The post Facebook Can Reject Unwanted Ads–Newton v. The lawsuit against Facebook for refusing the film ads is an easy dismissal. Google ruling from 2007.

Contracts 105

Contracts Marketing Marketing Publishing 105

TorrentFreak

JULY 23, 2023

Note: The responses below were received in 2023. All third-party services we use are bound by a contract with us to never use the information of our users for their own purposes and not to disclose the information to any third parties unrelated to the service. Port forwarding is allowed (update May 2023, it is now disabled ).

Privacy 140

Privacy IP Technology Reporting 140

43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” more images from the complaint Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of Roblox's own TOS. Roblox Corp.

Copying 94

Copying False Advertising Social Media Advertising 94

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. .

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike.

Litigation 105

Litigation Contracts Advertising Advertising 105

Technology & Marketing Law Blog

MAY 13, 2024

In November 2023, X corp. 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. on all counts.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

43(B)log

APRIL 18, 2023

2023 WL 2918724, No. 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. Vital Pharmaceuticals, Inc., EDCV 18-1882 JGB (SHKx) (C.D. The court applied a rebuttable presumption of irreparable harm.

False Advertising 56

False Advertising Advertising Advertising Social Media 56

The TTABlog

JULY 31, 2023

The Trademark Trial and Appeal Board (Tee-Tee-Ā-Bee) has scheduled nine oral hearings for the month of August 2023. August 3, 2023 - 11 AM: TF Intellectual Property Pty Ltd v. August 3, 2023 - 1 PM: Mealpass, Inc. August 8, 2023 - 11 AM: In re Molina Healthcare, Inc. August 9, 2023 - 11 AM: Billy Stott v.

Contracts 52

Contracts Registration Designs Design 52

Technology & Marketing Law Blog

JULY 29, 2023

Davis argued that the TOSes are contracts of adhesion. Nor can Davis point to a single instance of a court finding the Meta Forum-Selection Clause invalid as a product of a contract of adhesion. 2023 WL 4670491 (E.D. 2023 WL 4764813 (D.N.J. 2023 WL 4764813 (D.N.J. July 26, 2023). Meta Platforms, Inc.

Social Media 98

Social Media Contracts Law Litigation 98

43(B)log

MARCH 14, 2023

2023 WL 2466624, No. 10, 2023) FedEx uses around 4500 independent contractors (ISPs) to pick up and deliver packages. 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. FedEx Ground Package System, Inc.

False Advertising 59

False Advertising Advertising Advertising Business 59

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

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. The next hearing is scheduled for January 25, 2023.

Advertising 143

Advertising Advertising Copyright Editing 143

The IPKat

AUGUST 7, 2024

Revolt Zycling , UPC_CFI_177/2023. myStomer tried to include Austria in the injunction too by way of a rectification of the order but this request was dismissed on 30 June 2023. Eurobike 2023" is an important leading trade fair that has considerable relevance for the entire industry. EUR for each contravention.

Cease and Desist 106

Cease and Desist Art Patent Advertising 106

Above the Fold

JUNE 21, 2023

The Integrity, Notification, and Fairness in Online Retail Marketplaces for Consumers Act, also known as the INFORM Consumers Act, was passed by Congress in December of 2022 as part of the Consolidated Appropriations Act of 2023.

Contracts 52

Contracts Reporting Law Advertising 52

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

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 98

Contracts Advertising Advertising Privacy 98

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith. 2023); but see Princeton Express v.

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

OCTOBER 10, 2023

22-CV-02880 (HG), 2023 WL 6385346 (E.D.N.Y. The court dismissed the claims, mainly because the advertisements were not misleading as a matter of law. Also, “the entirety of the advertisement on each website page describes in objective terms how much total food customers would receive.” Chimienti v. Wendy’s Int’l, LLC, No.

Advertising 59

Advertising Advertising Social Media Contracts 59

Technology & Marketing Law Blog

AUGUST 29, 2022

While that is pretty sweet, I will pay for it next year when I teach Internet Law in both Spring and Fall 2023. [FN: 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition).

Editing 98

Editing Social Media Blogging Advertising 98

43(B)log

JANUARY 3, 2024

CrossCountry Mortgage, LLC, 2023 WL 9022893, No. 29, 2023) loanDepot alleged that CCM, its chief competitor, “improperly poached” 32 employees, and CCM and various former employees. LoanDepot.com, LLC v. 22-cv-5971 (AS) (S.D.N.Y. The false association/coordinate state law claims survived. Ankura Consulting Grp.,

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

Technology & Marketing Law Blog

JUNE 20, 2024

It then went further and used the photo to promote the robe: In 2023, Sunny Khachatryan obtained a copyright registration for “Brave’s” photo. Other arguments fail because “there is value in Minor Plaintiffs’ image and likeness, which Defendants then used for the purpose of commercial advertising and sales.

Social Media 105

Social Media Copyright Licensing Advertising 105

SpicyIP

JANUARY 13, 2025

In this post, Yogesh Byadwal argues that these terms of use also offer an insight into the practice of expanding copyright using Contract Law. In 2023, the plaintiff came across a hotel based in Mumbai, India under the trade name HOTEL PRIME MARRIOT with the exact spelling of ‘MARRIOTT’ as used by the plaintiff in its brand.

Personality Rights 52

Personality Rights Trademark Registration Artwork 52

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. You can find the full report here.

Copyright 135

Copyright Ownership Social Media Licensing 135

The IPKat

JULY 14, 2023

According to the decision of 1 st June 2023 ( original German version and English machine translation ) by the Board of Appeal (BoA) of the EUIPO, the emoji meaning “I love you” cannot constitute a trade mark. Background of the case In 2021 a German company filed application No. They are often associated with positive communication.

Contracts 40

Contracts Trademark Intellectual Property Law Intellectual Property 40

43(B)log

NOVEMBER 6, 2023

2023 WL 7109914, No. Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” Bluegreen Vacations Unlimited, Inc. Timeshare Lawyers P.A.,

Marketing 59

Marketing Marketing False Advertising Advertising 59

The TTABlog

AUGUST 21, 2023

90483463 (August 16, 2023) [not precedential] (Opinion by Judge Angela Lykos). 90820054 (August 14, 2023) [not precedential] (Opinion by Judge Cindy B. Welch 2023. Answers will be found in the first comment. In re Brand3, Inc. In re Garan Services Corp. In re Genomma Lab Internacional, S.A.B. Serial Nos. Text Copyright John L.

Advertising 52

Advertising Advertising Branding Branding 52

Technology & Marketing Law Blog

JULY 26, 2023

In addition to providing Chegg’s for-pay services online for free, Homeworkify has used and continues to use Chegg’s name in Google Advertising. Breach of Contract As is common with scraping cases in 2023, just because the scraper prevails on the CFAA claim doesn’t mean the scraper is going to prevail. The horror!

Cease and Desist 98

Cease and Desist Blogging Contracts Privacy 98

Technology & Marketing Law Blog

OCTOBER 25, 2023

2023 WL 6130030 (W.D. 18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. Case Citation : Cramer v. Netflix, Inc. Warner Bros.

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

SpicyIP

AUGUST 30, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? In this guest post , Pragya Jain offers an independent analysis of the law in relation to comparative advertising and nominative fair use and applies it to analyse a recent YouTube commercial by Domex, a Hindustan Unilever Ltd. Other posts. August 26, 2021].

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

Technology & Marketing Law Blog

JULY 19, 2023

It’s not clear to me that other judges will grade contract formation as harshly as this judge did. 2023 WL 4544598 (N.D. June 22, 2023). Implications The court clearly approached the vendor’s formation process with extreme skepticism. Maybe that was an (over?)correction Perhaps we will get better insights there.

Privacy 98

Privacy Contracts Marketing Marketing 98

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

43(B)log

OCTOBER 10, 2023

2023 WL 6373871, No. 16, 2023) DealMaker is a financial technology company that provides its users with the ability to raise capital by conducting investment offerings via its online platform. DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

SEPTEMBER 11, 2023

25, 2023) Plaintiffs alleged that Burger King, through its advertisements and in-store ordering boards, “materially overstates” the size of (and the amount of beef contained in) many of its burgers and sandwiches. Breach of contract: Burger King argued that its ads weren’t binding offers.

Advertising 45

Advertising Advertising Contracts Law 45

43(B)log

SEPTEMBER 6, 2023

Heuberger, 2023 WL 5334192, No. 18, 2023) (magistrate) Route is a package tracking company that provides shipping insurance to e-commerce merchants. The breach of contract claim survived. False advertising: The comments about Route were opinion and not actionable under the Lanham Act. Route App, Inc.

False Advertising 45

False Advertising Contracts Advertising Advertising 45

43(B)log

NOVEMBER 27, 2023

3:23-CV-863-NJR, 2023 WL 8108547 (S.D. 17, 2023) “This case pits real lawyers against a robot lawyer.” MillerKing, a small Chicago law firm that claims to be a direct competitor of DNP, sued DNP for false association and false advertising under the Lanham Act and Illinois state law. MillerKing, LLC v. DoNotPay, Inc.,

False Advertising 49

False Advertising Advertising Advertising Contracts 49