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 72

Contracts Blogging Marketing Marketing 72

Patently-O

JULY 14, 2024

July 12, 2024), the Seventh Circuit affirmed an arbitration award requiring Zimmer to continue paying royalties to the estate of Dr. John Insall even after the expiration of the underlying patents. We do not ask whether they read the contractual language correctly; it is enough that they tried to apply the contract that the parties signed.”

Patent 48

Patent Contracts Technology Marketing 48

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 96

Blogging Contracts Cease and Desist Social Media 96

43(B)log

JULY 8, 2024

2024 WL 3304815, No. 28, 2024) The court declined to find Berrin’s consumer protection claims against Delta based on its “carbon neutral” advertising preempted by the Airline Deregulation Act (ADA, confusingly enough), though that wasn’t the end of the inquiry. Delta Air Lines, Inc., 2:23-cv-04150-MEMF-MRW (D.C. Wolens, 513 U.S.

Advertising 62

Advertising Advertising Marketing Marketing 62

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 62

Advertising Advertising Settlement Contracts 62

IPilogue

JANUARY 9, 2023

I was seated with a digital marketing employee, employees in the clinical research and development team, and an employee in the respiratory team. AstraZeneca is a global company, some contracts can require engaging in services in other countries. AstraZeneca focuses on clinical research but also marketing and sales of its IP.

Business 110

Business Privacy Contracts Confidentiality 110

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. Francis High School - Salesian College Preparatory ("St. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

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

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 87

Litigation Contracts Advertising Advertising 87

The TTABlog

JUNE 26, 2024

92078934 (June 20, 2024) [not precedential]. distributors, suppliers, retailers, and marketing/business strategists, pitched its goods and provided many samples at various exhibitions, conferences, and festivals, actively pursued the proper labeling, registration, and licensing to sell its goods in the U.S., marketing strategies, U.S.

Designs 67

Designs Design Registration Social Media 67

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 100

Social Media Copyright Licensing Advertising 100

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 71

Licensing Copyright Blogging Fair Use 71

The IPKat

MARCH 10, 2024

Webinar on navigating intellectual property in sustainable fashion (13 March) 4IPCouncil is organizing a webinar on second-hand luxury markets on 13 March at 16:00 CET. 42nd ATRIP Congress: intellectual property, ethical innovation, and sustainability – Towards a new social contract for the digital economy? or on Zoom.

Intellectual Property 60

Intellectual Property Intellectual Property Law Copyright IP 60

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 74

Contracts Advertising Advertising Privacy 74

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 98

Artwork Trademark Publishing Marketing 98

LexBlog IP

JANUARY 10, 2024

” The complaint and settlement agreement provide a road map of how data brokers are accessing, using, and disclosing location services, and serves as guidance for both consumers and marketing companies. .”

Privacy 52

Privacy Settlement Marketing Marketing 52

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 90

Privacy Litigation Marketing Marketing 90

LexBlog IP

JANUARY 6, 2024

Earlier, IPH group firm Pizzeys had sued RnB IP and its two founders – formerly partners in Pizzeys at the time of its acquisition by IPH – for alleged breach of non-compete, non-dealing, and/or non-solicitation restraints that were included in their employment contracts.

Patent 52

Patent IP Contracts Publishing 52

LexBlog IP

DECEMBER 26, 2023

With a focus on delivering above-market returns, Gaingels actively invests in companies dedicated to building diverse and inclusive teams, particularly representing the LGBTQ community and other underrepresented groups. This process involves updating the socio-economic status section of the business profile on SAM.gov.

Government 52

Government Business Contracts Inventor 52

LexBlog IP

JANUARY 19, 2024

On 15 January 2024, the UK Information Commissioner’s Office (“ ICO ”) [1] launched a series of public consultations on the applicability of data protection laws to the development and use of generative artificial intelligence (“ GenAI ”). 3] See ICO Generative AI first call for evidence (15 January 2024). [4]

Law 52

Law Social Media Contracts Intellectual Property 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 80

Contracts Blogging Advertising Advertising 80

Trading Secrets

FEBRUARY 27, 2024

In response, the company filed a lawsuit against the now-former employee, alleging breach of contract, breach of fiduciary duty, and misappropriation of trade secrets. And, perhaps most notably, the Division implicitly found that one invalid provision in a contract does not invalidate the entire contract.

Confidentiality 64

Confidentiality Settlement Contracts Business 64

Kluwer Copyright Blog

JANUARY 4, 2024

In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. All in all, 2024 promises to be an exciting year for EU copyright law. Photo by Markus Spiske on Unsplash Dear readers, Happy new year! Welcome to the fourth (and last) round up of EU copyright law for 2023! Stay tuned!

Copyright Law 69

Copyright Law Law Copyright Reporting 69

Patently-O

MAY 22, 2024

May 21, 2024). The majority opinion written by Judge Taranto and joined by Judge Dyk held the contract language was ambiguous on this point and remanded for further factual development to determine the parties’ intent. Here, this California based contract is governed by California law of contracts. Nokia Corp. ,

Ownership 40

Ownership Patent Invention Contracts 40

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. The purpose of copyright, its social and innovation function, is thereby seriously undermined.

Copyright 118

Copyright Art Licensing Contracts 118

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.” Newborn Bros. Albion Engineering Co., Now it’s disgorgement time. could become even more important during this economy.”

False Advertising 44

False Advertising Advertising Advertising Marketing 44

LexBlog IP

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”). For now, not much will change from a legislative perspective.

Reporting 52

Reporting Non-Fungible Tokens IP Intellectual Property 52

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

Social Media 81

Social Media Ownership Designs Design 81

LexBlog IP

FEBRUARY 27, 2024

In response, the company filed a lawsuit against the now-former employee, alleging breach of contract, breach of fiduciary duty, and misappropriation of trade secrets. And, perhaps most notably, the Division implicitly found that one invalid provision in a contract does not invalidate the entire contract.

Confidentiality 52

Confidentiality Settlement Contracts Business 52

TorrentFreak

MAY 9, 2024

More recently, however, the time between application and blocking injunction has contracted. Justice Halley’s order dated May 8, 2024, was handed down Wednesday. In this case the time between rightsholders filing a statement of claim/originating application and obtaining an injunction was less than two months.

IP 97

IP Reporting Branding Brands 97

LexBlog IP

AUGUST 14, 2023

The reporting rule goes into effect on January 1, 2024. The CTA defines “ownership interest” as any instrument, contract, arrangement, understanding, or mechanism used to establish ownership (such as any equity, stock, capital, or profit interest). The rule goes into effect January 1, 2024. Who is Required to Report?

Business 52

Business Ownership Reporting Registration 52

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. And they targeted school districts in their marketing. Defendants market only their K12 brand nationally.

Branding 57

Branding Brands Branding Marketing 57

LexBlog IP

JANUARY 19, 2024

As we settle into 2024, we reflect on the significant legal developments of 2023 that hold potential impact on the biologics and biosimilars market. That case was set to go to trial in January 2024, but on January 5, 2024, Judge Richard Andrews of the U.S. That case is ongoing with a jury trial set for November 2024.

Settlement 52

Settlement Litigation Patent Reporting 52

Technology & Marketing Law Blog

FEBRUARY 16, 2024

12, 2024) The post Ninth Circuit Enforces a “Browsewrap” (That Was Actually a Clickthrough)–Patrick v. Running Warehouse appeared first on Technology & Marketing Law Blog. I have more to say about enforceable browsewraps in a forthcoming post. Case Citation : Patrick v. Running Warehouse, LLC , No.

Blogging 68

Blogging Marketing Marketing Technology 68

Technology & Marketing Law Blog

JANUARY 17, 2024

This case expands the canon of copyright protection for lawyer-drafted documents such as legal briefs and contracts. Note: I tested on the copyrightability of contracts in my 2002 Copyright final exam (see my sample answer ). 12, 2024) The post Cloned-and-Revised Legal Documents Aren’t Copyrightable–UIRC v.

Copyright 47

Copyright Copying Copyright Infringement Editing 47

LexBlog IP

JULY 5, 2023

In 2011, Hydronic began reverse-engineering Hetronic parts and contracted new suppliers to source them. When Abitron purchased Hydronic in 2014, they began selling products identical to Hetronic’s remote controls in foreign markets with the recognizable black-and-yellow coloring. Read the opinion here.

Trademark 52

Trademark Marketing Marketing Contracts 52

Dragons' Den

FEBRUARY 9, 2024

What is its appeal to the market? After a quick search of our trade mark database, I discovered that the ORI Lifestyle company logo was registered on 19 th January 2024 - UK00004004326 Like Titilolami has done with Ori, you can register your trade mark to protect your brand, for example the name of your product or service.

Blogging 52

Blogging IP Designs Design 52