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

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

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

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

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

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

FEBRUARY 14, 2025

Despite various marks and online statements claiming that CLP is a law firm, it is [allegedly] actually a legal referral service that matches customers in need of legal services to attorneys that CLP contracts with. CLP allegedly launched a Google advertising campaign using the mark CAPE LAW FIRM.

False Advertising 52

False Advertising Advertising Advertising Law 52

43(B)log

JULY 19, 2023

4th -, 2023 WL 4504183, No. 13, 2023) Winder, a generic pharma manufacturer, sought insurance coverage for a false advertising lawsuit. Winder argued that Concordia’s complaint alleged a “personal and advertising injury” because it included allegations that Winder copied Concordia’s DONNATAL label inserts.

Copying 40

Copying False Advertising Advertising Advertising 40

The IPKat

DECEMBER 13, 2023

After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here ] , it is now the turn of Article 15 (the related right for press publishers) as implemented into Italian law. It would also run contrary to the country of origin principle and free movement of services.

Related Rights 81

Related Rights Publishing Licensing Contracts 81

LexBlog IP

AUGUST 17, 2023

Another targets The Center for Countering Digital Hate (CCDH), a UK nonprofit known for scraping the platform to quantify the proliferation of hate speech, for breach of contract, intentional interference with contractual relations, inducing breach of contract, and civil violations of the Computer Fraud and Abuse Act (CFAA).

Social Media 40

Social Media Contracts Privacy Advertising 40

LexBlog IP

FEBRUARY 2, 2023

Yesterday, 01 February 2023, the Commission published guidance on how online platforms and search engines within the scope of the Digital Services Act ( DSA ) should comply with their obligation to report user numbers in the EU. Providers of hybrid online platforms allowing consumers to conclude distance contracts with traders (i.e.

Publishing 52

Publishing Contracts Technology Designs 52

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. . A summary of the draft is available.

Social Media 52

Social Media Branding Branding Brands 52

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. . A summary of the draft is available.

Social Media 52

Social Media Branding Branding Brands 52

LexBlog IP

JULY 8, 2022

Effective January 1, 2023, Illinois joins at least 18 other states to have a Title Act authorizing Registered Interior Designers to seal any bound set or loose sheets of technical submissions. This month’s issue of Ping® highlights recent changes in State laws in Illinois and New York. Independent Contractors.

Designs 52

Designs Design Law Contracts 52

Traverse Legal Blog

APRIL 2, 2023

Brands are more likely to require disclosures in their influencing and endorsement contracts. The Federal Trade Commission (FTC) will likely modify Part 255 regarding using endorsements and testimonials in advertising in 2023. Material Connection Disclosures Remain Central To Compliance.

Social Media 52

Social Media Advertising Advertising Branding 52

43(B)log

MARCH 23, 2023

Apple, Inc, 2023 WL 2585888, No. 21, 2023) Plaintiffs alleged that Apple made false representations when it “sold” them digital content on the iTunes Store only to later remove their access to that same digital content. 21-CV-1133-LJV (W.D.N.Y. But that “right to use” argument cannot carry the water that Apple asks it to carry.

Licensing 72

Licensing Advertising Advertising Ownership 72