Kluwer Copyright Blog

OCTOBER 1, 2024

Photo by Markus Spiske on Unsplash Now that the summer is formally over it is time for the third trimester of the 2024 roundup of EU copyright law. The Plenary kick-off meeting took place on 30 September 2024. The specific Working Groups (WGs) then will meet several times for drafting rounds between September 2024 and April 2025.

Copyright Law 67

Copyright Law Copyright Law Blogging 67

Technology & Marketing Law Blog

JULY 30, 2024

The user took the matter to court (pro se), where the lawsuit failed: Contract Breach. Google LLC , 2024 WL 3551878 (D.D.C. July 26, 2024). Google appeared first on Technology & Marketing Law Blog. The scenario: Google thought that a user uploaded CSAM and terminated her account. ” Fraud. The complaint.

Social Media 107

Social Media Contracts Blogging Litigation 107

Technology & Marketing Law Blog

MAY 30, 2024

Mercola made a last-ditch unconscionability argument, which the panel rejects because (among other problems) “Mercola, an incorporated entity, contracted with YouTube for a non-essential service, the language in the contract is not overly technical, and it appears that for the most part Mercola received the benefit of its bargain.”

Contracts 98

Contracts Blogging Marketing Marketing 98

IP and Legal Filings

NOVEMBER 23, 2024

It serves as an essential element in making up the brand identity, customer loyalty, and market differentiation. It gives the respective companies a competitive edge in a saturated market. Trademarks can be very important for businesses entering new markets. Trademarks encompass a substantial portion of the deal’s value.

Branding 104

Branding Brands Branding Technology 104

Technology & Marketing Law Blog

MAY 13, 2024

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. May 9, 2024). Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. March 25, 2024).

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

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

JD Supra Law

MAY 3, 2024

1] Announced on April 23, 2024, following a 3-2 vote by the FTC Commissioners, the rule represents a significant policy shift aimed at increasing market competition and employee mobility. The Federal Trade Commission (FTC) has introduced a transformative rule that bans most non-compete agreements across various industries.[1]

Intellectual Property 74

Intellectual Property Licensing Contracts Marketing 74

Technology & Marketing Law Blog

SEPTEMBER 30, 2024

The court characterizes the formation process as a “clickwrap,” which the court says usually create binding contracts. This court responds that Kauders “did not conclude that an online-service contract could never notify a customer of an arbitration provision. That’s the case here.

Contracts 98

Contracts Blogging Registration Law 98

The IPKat

AUGUST 12, 2024

By an order issued on 31 July 2024 ( UPC_CFI_195/2024 ), the Hague Local Division (LD) of the Unified Patent Court granted a preliminary injunction in favor of Amycel LLC, a developer of mushroom strains. On May 3, 2024, Amycel filed an action with the Hague Local Division of the UPC. Order of 30 April 2024).

Contracts 106

Contracts Patent Patent Law Law 106

Technology & Marketing Law Blog

JUNE 12, 2024

Its main substantive terms: (1) A contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services. (2) 2024 WL 1430251 (C.D.

Law 75

Law Contracts Litigation Business 75

Technology & Marketing Law Blog

JUNE 10, 2024

[Note: The majority opinion doesn’t expressly reference Uber’s post-Kauders vulnerability, but the dissent says: “It is undisputed that as a consequence of Kauders, no enforceable contract existed between Good and Uber before the evening of April 25, 2021.” ” The TOS links were clear, in blue, and underlined.

Contracts 98

Contracts Marketing Marketing Blogging 98

Technology & Marketing Law Blog

FEBRUARY 27, 2024

AG Yost disingenuously argued that the law enhances parents’ control over their children’s contracts. The court easily brushes this aside, saying “this Court does not think that a law prohibiting minors from contracting to access to a plethora of protected speech can be reduced to a regulation of commercial conduct.”

Social Media 105

Social Media Law Contracts Publishing 105

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

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

Intellectual Property Law Blog

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

” Market Effect This factor weighed in favor of the defense. Defense expert James Malackowski also provided unrebutted testimony that a market for licensing tattoos in videogames does not exist and was unlikely to be developed.” Take Two appeared first on Technology & Marketing Law Blog. 3:18-cv-00966-SMY (S.D.

Copyright 116

Copyright Fair Use Licensing Blogging 116

TorrentFreak

OCTOBER 25, 2022

YouTube-ripping sites such as Yout and YTMate are also blacklisted, along with many others serving specific foreign language markets. According to the official government portal Government Online , between 1,200 and 1,500 government tenders and contracts are advertised each week. Government Wants Data On IWL-Listed Pirate Sites.

Intellectual Property 136

Intellectual Property Advertising Advertising Contracts 136

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. Warner Bros.

Licensing 98

Licensing Copyright Blogging Fair Use 98

The IPKat

JUNE 8, 2024

They are particularly interested in applicants with expertise in Foundations of Tort, Law of Contract, Land Law, or Law of Trusts, and/or in the areas of corporate/commercial law, consumer and marketing law, mental health law, law and technology, or – last but not least – intellectual property. The deadline to apply is 2 July 2024.

Intellectual Property 70

Intellectual Property Intellectual Property Law Design Designs 70

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.

Artwork 119

Artwork Trademark Publishing Marketing 119

Technology & Marketing Law Blog

FEBRUARY 14, 2024

Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S. .'” Publisher/Speaker Claim. LEXIS 23688 (S.D.

Contracts 98

Contracts Advertising Advertising Privacy 98

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. "The

Advertising 62

Advertising Advertising Patent Infringement Cease and Desist 62

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 105

Advertising Advertising Intellectual Property Social Media 105

Technology & Marketing Law Blog

FEBRUARY 17, 2024

Those options lower access barriers for users to create accounts, so they are often compelling to the marketing team. 2024 WL 559591 (N.D. CMG appeared first on Technology & Marketing Law Blog. However, the legal team must ensure that all account creation options presented to users satisfy minimum TOS formation processes.

Privacy 115

Privacy Litigation Marketing Marketing 115

The IPKat

OCTOBER 28, 2024

Tomorrow's hybrid session (29 October 2024) will address AI issues from an international and comparative copyright perspective. The World Intellectual Property Organization (WIPO) will hold the tenth session of the WIPO Conversation on Intellectual Property and Frontier Technologies on 5 and 6 November 2024. More information here.

Intellectual Property 67

Intellectual Property Editing IP Publishing 67

Intepat

OCTOBER 6, 2024

As we move through 2024, several key patent trends are reshaping the future of innovation. Increasing Focus on Sustainability and Environmental Impact: In 2024, the patent landscape is increasingly influenced by the global push towards sustainability and environmental responsibility.

Patent 52

Patent Intellectual Property Inventor Technology 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 98

Copying Ownership Derivative Work Contracts 98

Technology & Marketing Law Blog

AUGUST 27, 2024

2024 WL 3842563 (W.D. May 29, 2024) The post AWS Can’t Shake BIPA Lawsuit for Providing Services to NBA 2K–Mayhall v. Amazon appeared first on Technology & Marketing Law Blog. Case Citation : Mayhall v. Amazon Web Services Inc.,

Social Media 98

Social Media Blogging Publishing Government 98

Technology & Marketing Law Blog

JUNE 20, 2024

1 Hotel West Hollywood LLC , 2024 WL 3015504 (C.D. June 14, 2024) The post Reusing Social Media Photos for Ads? 1 Hotel appeared first on Technology & Marketing Law Blog. Case Citation : Khachatryan v. Be Careful!–Khachatryan –Khachatryan v.

Social Media 105

Social Media Copyright Licensing Advertising 105

U.S. Department of Commerce

OCTOBER 17, 2024

On behalf of the Department’s Deputy Chief Sustainability Officer, the Office of Sustainable Energy and Environmental Programs is proud to announce the Department of Commerce 2024 Class of SEE Ambassadors: National Institute of Standards and Technology (NIST) Dr. Katarina E.

Contracts 52

Contracts Reporting Design Designs 52

43(B)log

MARCH 28, 2024

2024 WL 1285631, C.A. 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.

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

DECEMBER 15, 2024

Consistent with this principle, courts have examined whether the offeree of a web-based contract was put on inquiry notice of the contractual terms. The existence of such notice must be evaluated objectively, in line with our focus on the objective manifestations of the intent of the parties as gathered by their expressed words and deeds.”

Contracts 52

Contracts Blogging Technology Law 52

IP and Legal Filings

AUGUST 10, 2024

in April 2024 from 7.4% Worker privacy In the last few decades, artificial intelligence (AI) has progressively permeated our professional as well as personal lives, improving our social media feeds, operating our devices invisibly, and altering how marketers interact with customers through improved analytics [3]. 2024, July 22).

Social Media 88

Social Media Privacy Technology Contracts 88

Technology & Marketing Law Blog

OCTOBER 28, 2024

I note that Ticketmaster is a special defendant due to their decades-long efforts to stretch/hork online contract formation law. 28, 2024) Some Prior Posts on Ticketmaster Browsewrap/Clickwrap Distinction Vexes Another Court–Nevarez v. Live Nation appeared first on Technology & Marketing Law Blog. Case Citation : Heckman v.

Contracts 95

Contracts Law Blogging Marketing 95

Technology & Marketing Law Blog

DECEMBER 18, 2024

This summer, the Ninth Circuit largely affirmed , but it revived the contract breach claim for procedural reasons. I wrote then: “This resurrects Lloyds breach of contract claim, but only temporarily. ” Unsurprisingly, on remand, the district court dismisses the contract breach claim. 2024 WL 5121035 (N.D.

Contracts 52

Contracts Blogging Publishing Design 52

Technology & Marketing Law Blog

NOVEMBER 27, 2024

Amazon’s TOS would have benefited from a critical reread to think of how plaintiffs’ lawyers could minsterpret the contract to claim 1670.8 2024 WL 4882638 (C.D. 25, 2024) The post Amazon Must Defend “Yelp Law” Claim–Ramos v. Amazon appeared first on Technology & Marketing Law Blog.

Law 77

Law Trademark Contracts Licensing 77

Technology & Marketing Law Blog

JANUARY 24, 2024

Can you imagine how much better off they both would have been if they had worked out a deal initially and then spent all of their time and money doing marketing and focusing on their customers’ needs rather than paying lawyers? Gutman , 2024 WL 172609 (2d Cir. 17, 2024) Selected Related Posts : Who Owns Social Media Accounts?–In

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