Technology & Marketing Law Blog

JUNE 4, 2024

The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site. Google LLC , 2024 WL 2809371 (Cal. (Same thing with the Lori Drew prosecution from 2009).

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Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels.com, LLC , 2024 WL 885356 (W.D. Case Citation : Canvasfish.com, LLC v.

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Artwork Trademark Publishing Marketing 98

SpicyIP

MARCH 11, 2024

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

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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. portion of the total rental fee. LEXIS 23688 (S.D.

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Technology & Marketing Law Blog

MAY 13, 2024

May 9, 2024). Center for Countering Digital Hate, 2024 WL 1246318, at 1 (N.D. March 25, 2024). seeks only damages based on the reactions of advertisers (third parties) to CCDH’s speech in the Toxic Twitter report, which CCDH created after the scraping. In November 2023, X corp. on all counts. Bright Data Ltd. ,

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Blogging Contracts Cease and Desist Social Media 96

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. The court says there are no general damages because the alleged damages (loss of advertiser revenue) “do not flow directly and necessarily from CCDH’s breach of the ToS’s scraping provision.”

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Litigation Contracts Advertising Advertising 87

Patently-O

MARCH 31, 2024

27, 2024), involved patents relating to tamper-resistant and tamper-evident food containers. At trial, Inline presented evidence on several objective indicia of nonobviousness, including industry praise, copying, and licensing of its patented products. The case, Inline Plastics Corp. Lacerta Group, LLC , No. 2022-1954 (Fed.

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LexBlog IP

JANUARY 16, 2023

The European Commission’s aim is to adopt the EHDS by the end of its current mandate (October 31, 2024). If approved, the EHDS proposal would introduce a new regime for the compulsory licensing of health data to third parties. On the other hand, however, the proposal expressly prohibits five secondary uses.

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The IPKat

JANUARY 1, 2024

The US copyright for Winnie the Pooh expired in 2021 and it will expire for the original (‘Steamboat Willie’) Mickey Mouse in 2024. here ), car advertisements ( here ) and Hollywood films. Hence it is found to be normal that the earlier mark is exploited outside its market sector, for instance, through licensing or merchandising.

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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. The Cube file was provided under a Creative Commons, non-commercial, no derivatives license. False advertising: Only ok against Kitchen Cube. Leszczynski v.

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False Advertising Advertising Advertising Copyright Infringement 57

Technology & Marketing Law Blog

JUNE 14, 2024

June 7, 2024) * * * The October 2023 State Court Opinion Denying the Social Media Defendants’ Motion to Dismiss the Minors’ Claims [I’m now going to share my “raw” 3k word draft of my blog post on this court’s October 2023 refusal to dismiss the teenagers’ cases. Superior Ct. Snap and Dyroff.]

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The TTABlog

APRIL 17, 2024

TBL Licensing v. April 15, 2024). The lower court found that Timberland's advertising did not call attention to the features that were the subject of its trademark application, but rather depicted the entire boot. Welch 2024. The district court had also found the configuration to be de jure functional. Vidal , Appeal No.

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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. appeared first on Technology & Marketing Law Blog. sought to send the case to arbitration. The district court disagreed. Warner Bros.

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Technology & Marketing Law Blog

JANUARY 23, 2024

— Simply put, consumers in 2024 have two options: 1) acquiesce to a systemic regime that requires them to waive their constitutional rights with every online transaction, or 2) have no access to the world of digital commerce, or even to access services that have an online or digital component. Mizzen and Main LLC , 2023 WL 9022723 (M.D.

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Contracts Blogging Advertising Advertising 80

SpicyIP

DECEMBER 17, 2023

14 [Submissions by February 29, 2024] NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) is inviting submissions for its 14th Volume. The last date for submission of entries is February 29, 2024. Dabur India Limited vs Mi Lifestyle Marketing Global Pvt. Visit this post for further details and submission guidelines.

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IP Trademark Advertising Advertising 59

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. Plaintiffs further alleged that Search App “superimpose[ed] advertisements on their websites’ homepages and other landing pages” when displayed on screens. Google appeared first on Technology & Marketing Law Blog.

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SpicyIP

DECEMBER 24, 2023

on December 20, 2023(Delhi High Court) Image from here The Plaintiff owned 5 Standard Essential Patents (SEPs) relating to wireless communication technology which the Defendants were allegedly using in their mobile phones being sold under the brand name of OnePlus without the license to do so. . & Ors. DRS Logistics (P.) and Ors. ,

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SpicyIP

OCTOBER 23, 2023

Division Bench of the Bombay High Court Reaffirms No Statutory Licenses for Broadcast by Online Streaming Services Recently a division Bench of the Bombay High Court upheld the single judge’s order holding that Section 31D does not include internet broadcasting within its ambit. Case Summaries Hulm Entertainment Pvt. 20,00,000 plus GST.

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SpicyIP

DECEMBER 30, 2023

This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. Microsoft Technology Licensing v. the licensee. The judgement was authored by Justice C. Telefonaktiebolaget LM Ericsson (PUBL) v.

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