SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

IP 124

IP Copyright Trademark Intellectual Property 124

TorrentFreak

NOVEMBER 8, 2024

The process began late 2023 with a soft market testing exercise followed by the publication of the listing above mid-April 2024. The contract was eventually awarded to Bristol-based Calvium Limited, which according to its website already works with the NHS and the Department of Transport.

Advertising 103

Advertising Advertising Intellectual Property Social Media 103

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. Meta appeared first on Technology & Marketing Law Blog. Tushnet and I include the Langdon v.

Contracts 105

Contracts Marketing Marketing Publishing 105

Kluwer Copyright Blog

FEBRUARY 13, 2024

In 2022, in the UK Parliament, the Digital, Culture, Media and Sport Select Committee, in its final report on the Economics of Music Streaming , made a number of recommendations, including speedy adoption of reversion and contract adjustment rights so that UK artists do not fall behind their European counterparts.

Contracts 72

Contracts Music Government Reporting 72

Olartemoure Blog

JUNE 28, 2024

According to the document titled “Relationship in the Open Innovation Ecosystem in Colombia Landscape 2021-2023,” it is highlighted that Colombia surpassed Brazil in the total value of contracts in the third year of measurement, despite having a much shorter trajectory. For further information, consult the report here.

Intellectual Property 52

Intellectual Property Contracts Reporting Marketing 52

Plagiarism Today

AUGUST 2, 2022

Spice DAO has announced that it is implementing a three-stage “redemption phase” that will see it attempt to pay back its members as much as possible and, likely, attempt to sell the book in the fourth quarter of 2023. The goal there is to attempt to capitalize on the release of Dune: Part 2.

Copyright 279

Copyright Non-Fungible Tokens Technology Plagiarism 279

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. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Intellectual property is a company asset, just like inventory.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

OCTOBER 8, 2023

Thus, the court reaches what becomes a surprising result in light of the Ninth Circuit precedent elsewhere. * * * Section 230 The plaintiffs alleged that VRBO “lists and markets” the property, placed it into the “stream of commerce,” and communicated the property’s conditions. Miller , 2023 U.S.

Contracts 98

Contracts Publishing Marketing Marketing 98

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

The IPKat

JULY 7, 2023

The 2023 “analog” conference on the Metaverse took place in London, lasted three days and hosted several panels and addresses on the different aspects of the IP legal regime concerning the Metaverse and the possibilities of regulation of this changing environment. The following panel analysed generative AI.

Reporting 86

Reporting Music IP Intellectual Property 86

IIPRD

AUGUST 29, 2024

Hence, commercialization occurs by distributing contracts among the authors and directors/publishers to distribute their works. Like any contract, a broadcasting agreement is entered between the concerned parties ascertaining their rights and obligations with respect to their content as a document enforceable in the eyes of law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts 77

Contracts Artistic Work Copyright Copyright Law 77

Kluwer Copyright Blog

JANUARY 4, 2024

Welcome to the fourth (and last) round up of EU copyright law for 2023! With Bulgaria implementing the directive towards the end of 2023, Poland is the last Member State missing. Photo by Markus Spiske on Unsplash Dear readers, Happy new year! The end of the year was busy for both the courts and the policy makers.

Copyright Law 78

Copyright Law Law Copyright Reporting 78

TorrentFreak

MARCH 24, 2025

It has been unable to secure a long-term broadcasting contract to guarantee its financial stability. “The proliferation of matches and competition from other audiovisual content, both sporting and non-sporting, creates an overabundance of content that challenges the balance of the football audiovisual exploitation rights market.”

Advertising 60

Advertising Advertising Marketing Marketing 60

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 105

Contracts Copying Technology Licensing 105

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 75

Contracts Licensing Business Blogging 75

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Maritas, 2023 WL 2726030 (E.D. March 30, 2023) * * * BONUS 1: Edelmania Productions, LLC v. Jordan Service, 2023 WL 424238 (C.D.

Fair Use 111

Fair Use Cease and Desist Contracts Ownership 111

Technology & Marketing Law Blog

NOVEMBER 7, 2023

The appeals court says the plaintiffs “have not adequately defined the relevant market.” ” Instead, they identified 15 different markets in “scattergun fashion.” Contract Breach. 2023 WL 7268325 (9th Cir. Apple appeared first on Technology & Marketing Law Blog. Prior blog post.

Reporting 98

Reporting Blogging Marketing Marketing 98

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.” In a particularly “yikes” bit, one marketing defendant 1990.

Marketing 59

Marketing Marketing False Advertising Advertising 59

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

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

LexBlog IP

SEPTEMBER 7, 2023

On September 1, 2023, Gervon Dexter Sr., a former University of Florida Gator and current Chicago Bear, filed a lawsuit aimed at invalidating an NIL contract that he signed during his junior year at the University of Florida. Dexter was subsequently drafted by the Chicago Bears in the second round of the April 2023 NFL Draft.

Contracts 52

Contracts Law Business Licensing 52

Technology & Marketing Law Blog

JULY 14, 2023

The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant. The plaintiffs made several key concessions: plaintiffs do not contend that there is an express contract provision requiring defendants to post plaintiffs’ videos on YouTube. Google LLC , 2023 WL 4372701 (N.D.

Contracts 98

Contracts Blogging Litigation Licensing 98

Technology & Marketing Law Blog

MARCH 2, 2023

It represents a rare federal intervention into contract law, and it does so for good reasons–to reduce the ability of businesses to manipulate the consumer review ecosystem by wiping away negative reviews and leaving only positive reviews. Ideal Horizon Benefits, LLC, 2023 WL 2299570 (E.D. ” Case citation : State v.

Contracts 81

Contracts Social Media Business Blogging 81

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

Technology & Marketing Law Blog

APRIL 8, 2023

Per E-SIGN, the answer should be yes, but standard requirements for online contract formation are increasingly demanding more effort from consumers to signal their assent. Usually contracts with minors are voidable by the minor, but even then, other courts have required the contracting process to be clear enough for minors to understand.

Privacy 145

Privacy Law Contracts Designs 145

Technology & Marketing Law Blog

AUGUST 9, 2023

The plaintiff also argued that LinkedIn breached its contract with her. Google LLC , 2023 WL 5004078 (N.D. LinkedIn appeared first on Technology & Marketing Law Blog. I think the court is simply reinforcing that LinkedIn isn’t an employment agency and couldn’t comply with the associated obligations.

Contracts 98

Contracts Social Media Blogging Marketing 98

Copyright Lately

OCTOBER 20, 2024

He dismissed American’s claims for breach of user agreement, conditions of carriage (the rules governing air travel), and tortious interference with contract, ruling they were barred by the statute of limitations. American asserted that Skiplagged infringed its trademarked and copyrighted flight symbol when presenting search results.

Copyright 83

Copyright Fair Use Social Media Business 83

Technology & Marketing Law Blog

MARCH 25, 2024

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. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 105

Litigation Contracts Advertising Advertising 105

Technology & Marketing Law Blog

NOVEMBER 2, 2023

In the spring of 2021, he relocated to Montana and revamped his contracting business. 2023 WL 7165042 (D. Nextdoor appeared first on Technology & Marketing Law Blog. Duffer complains that he received no new business through Nextdoor after those negative reviews were left online. Nextdoor is “clearly” a provider.

Contracts 98

Contracts Business Blogging Law 98

Technology & Marketing Law Blog

NOVEMBER 11, 2023

Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front. 2023 WL 7325109 (N.D. 7, 2023) The post Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta appeared first on Technology & Marketing Law Blog. Meta Platforms, Inc.

Trademark 115

Trademark Contracts Blogging Fair Use 115

The IPKat

AUGUST 12, 2024

In 2017, Amycel found that a Polish farmer (whose name is redacted in the order) produced and marketed a mushroom strain named 'Cayene'. After months spent in unsuccessful negotiations with the Polish farmer to solve the dispute out of court, Amycel started an infringement action in July 2023 in Poland (not a UPC Contracting Member State).

Contracts 107

Contracts Patent Patent Law Law 107

The IP Law Blog

MARCH 30, 2023

Most of these fee reductions have an effective date of March 22, 2023, with the remaining ones effective as of April 1, 2023. In some industries, patents may even be essentially required to enter the market and compete successfully. government’s spending package, the Consolidated Appropriations Act , for 2023.

Business 98

Business Inventor Patent Licensing 98

Kluwer Copyright Blog

FEBRUARY 8, 2024

Typically, in the case of scholarly publications, authors are publicly funded through payment under a standing contract with a university or research institute, or through project funding, including EU funding. Copyright in a work made for hire resides in the author of the work, unless the commission contract provides otherwise.

Publishing 132

Publishing Contracts Art Copyright 132

IIPRD

MARCH 13, 2025

Understanding Different Types of Intellectual Property Trademarks A trademark is like a unique identity for a brandit can be a name, logo, slogan, label, packaging, shape, a mix of colours, or even a combination of any of themthat makes a product or service stand out in the market. or (a golden arch) means McDonald’s.

Intellectual Property 83

Intellectual Property Registration Designs Design 83

Technology & Marketing Law Blog

JANUARY 6, 2023

In total, the court says Section 230(c)(1) immunizes the following claims related to Al-Ahmed’s account suspension: “SCA, civil conspiracy, UCL, breach of contract, and promissory estoppel.” breach of contract being both covered and not covered by 230. 2023 WL 27356 (N.D. 230’s application to the SCA.

Contracts 114

Contracts Government Publishing Blogging 114

Technology & Marketing Law Blog

APRIL 4, 2023

It merely denies Google a safe harbor defense should plaintiffs bring some other claim against the ISP for removing allegedly infringing material, such as a state contract or tort law claim.” Google, LLC , 2023 U.S. March 31, 2023). Google appeared first on Technology & Marketing Law Blog. LEXIS 57196 (W.D.

Publishing 97

Publishing Copyright Infringement Contracts Blogging 97