BYU Copyright Blog

APRIL 1, 2024

Private School Too Public With Photographs Joshua Potter April 01, 11:19 AM April 01, 11:22 AM In March 2024, professional photographer Mando Morlos ("Morlos") filed a Complaint alleging that St. Morlos also provided large complimentary promotional posters for the school to advertise with. Morlos and St.

Cease and Desist 40

Cease and Desist Contracts Social Media Intellectual Property 40

Technology & Marketing Law Blog

JUNE 20, 2024

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. If you plan to depict people in advertising, you need both copyright and publicity rights permissions. 1 Hotel West Hollywood LLC , 2024 WL 3015504 (C.D.

Social Media 99

Social Media Copyright Licensing Advertising 99

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 74

Contracts Advertising Advertising Privacy 74

Technology & Marketing Law Blog

APRIL 22, 2024

Ohio April 19, 2024) Prior Tattoo Copyright Blog Posts This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. Case citation : Hayden v.

Licensing 71

Licensing Copyright Blogging Fair Use 71

43(B)log

APRIL 3, 2024

4th -, 2024 WL 1364707 (6th Cir. 2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Collectively they’re called “contracted service providers” (CSPs). Fedex Ground Package System, Inc.

False Advertising 45

False Advertising Contracts Business Advertising 45

43(B)log

MARCH 6, 2024

3d -, 2024 WL 911075, No. 1, 2024) “Qoins is a financial technology company that collects funds from its customers and disburses payments to designated creditors in order to help its customers pay off their debts.” The court mostly denied Qoins’ motion to dismiss the resulting claims, including breach of contract and libel.

False Advertising 45

False Advertising Advertising Advertising Business 45

Velocity of Content

JUNE 13, 2022

Last year, podcast advertising exceeded $1 billion for the first time. By 2024, ad spend is expected to grow to $4 billion annually. She advises her clients to learn the lessons of Hollywood contracts and to seek deals that build on the unique strengths of podcasting. Podcasting is big business.

Television 52

Television Intellectual Property Contracts Advertising 52

43(B)log

JULY 25, 2024

2024 WL 3480212, No. In 2024, Videa blogged that “[w]e suggest choosing an AI provider with the most FDA-cleared annotations.” Online advertising and presentations during trade shows appear to be a starting point for potential purchases, but do not alone drive such decisions. Overjet, Inc. VideaHealth, Inc., 24-cv-10446-ADB (D.

Copyright 59

Copyright False Advertising Advertising Advertising 59

43(B)log

MARCH 4, 2024

12-2999, 2024 WL 887785 (D.N.J. 29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” One distributor continued to advertise a relevant product as American made until October 2023, and there were other scattered similar references online.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

LexBlog IP

JANUARY 10, 2024

” The FTC’s settlement with X-Mode/Outlogic marks its first with a “data broker concerning the collection and sale of sensitive location information.” ” The FTC’s complaint alleged that Outlogic failed to put reasonable and appropriate safeguards in place regarding the use of the data by third parties.

Privacy 52

Privacy Settlement Marketing Marketing 52

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts 79

Contracts Blogging Advertising Advertising 79

Technology & Marketing Law Blog

MARCH 5, 2024

These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the marketing agent’s possible secondary liability exposure for the vendors’ activities.

Artwork 97

Artwork Trademark Publishing Marketing 97

43(B)log

JANUARY 5, 2024

2024 WL 24325, No. 2, 2024) Caldwell alleged that the dietary supplement product “Ultimate® Omega 2X” misled consumers into thinking that there is double the amount of omega-3 per serving than the amount of omega in the Nordic Naturals product named “Ultimate® Omega.” Nordic Naturals, Inc., 23-cv-02818-EMC (N.D.

Contracts 59

Contracts Law Business False Advertising 59

The IPKat

AUGUST 7, 2024

Also, for an offer to be made, not all features of the claim have to be shown in the advertising and / or at the fair stand if it has to be assumed that the product shown corresponds in its technical design to the subject matter of the patent. The penalty for this was set at 1,000.00 The penalty for this was set at 500.00

Cease and Desist 102

Cease and Desist Art Patent Advertising 102

IPilogue

JANUARY 21, 2022

billion USD by 2024. Game publishers can decide what teams/players may compete, who may host tournaments, and how tournaments are advertised and broadcasted. There is no question that the virtual gaming and e-sports industry has seen exponential growth in the last decade or so.

Publishing 110

Publishing Intellectual Property IP Licensing 110

LexBlog IP

MAY 12, 2022

targeted advertising); requires controllers to conduct data protection assessments; authorizes the state attorney general to bring an action to enforce the bill’s requirements; and deems violations to be Connecticut Unfair Trade Practices Act violations.

Privacy 40

Privacy Law Higher Education Contracts 40

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. Kitchen Cube cube Leszczynski sued for (1) copyright infringement; (2) violation of Creative Commons license terms; and (3) false advertising and misrepresentation.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

43(B)log

JANUARY 5, 2024

2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. Florida Virtual School v. statements as evidence of confusion.

Branding 59

Branding Branding Brands Marketing 59

TorrentFreak

OCTOBER 25, 2022

The IWL is shared among brands, advertising companies, agencies and affiliates, who are informed that responsible companies boycott pirate sites because it a) protects their image and b) starves pirate sites of much-needed cash. Total IWL domains that have advertising on them. Total IWL domains that have advertising on them.

Intellectual Property 124

Intellectual Property Advertising Advertising Contracts 124

43(B)log

AUGUST 30, 2024

3d -, 2024 WL 3825087, No. 15, 2024) The court here holds that the FTC lacks §5 jurisdiction over a nonprofit, even if the nonprofit was in fact a sham diverting money to its controller. GCU isn’t permitted to contract with any third party for these services. The DOE also ordered GCU to cease advertising “nonprofit” status.

Advertising 52

Advertising Advertising Business Marketing 52

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. What are we even talking about?

Copying 75

Copying Ownership Derivative Work Contracts 75

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.

Copyright 128

Copyright Ownership Social Media Licensing 128

Technology & Marketing Law Blog

JUNE 14, 2024

That exception doesn’t apply here because “the School Districts are not individual consumers of Defendants’ platforms who need special protections but are not protected by contract.” If you decide to read on, I welcome your thoughts about whether the October 2023 ruling is consistent with the June 2024 opinion.

Social Media 71

Social Media Publishing Design Designs 71

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. April 26, 2024) The post Ninth Circuit Upholds “Sign-in-Wrap”–Keebaugh v. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. Warner Bros.

False Advertising 83

False Advertising Government Privacy Design 83

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. It ought to function similarly to how online contracts are upheld. Information Technology Act of 2000, Section 10A.)

Trademark 91

Trademark Non-Fungible Tokens Branding Brands 91

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 116

IP Copyright Trademark Intellectual Property 116