43(B)log

DECEMBER 12, 2022

6, 2022) The district court reverses the bankruptcy court ruling ( discussed here ) that held that false advertising had interfered with the debtor’s estate in violation of the automatic stay. Windstream has a 2-year contract. With Spectrum there are no contracts. Plus, we will buy you out of your current contract up to $500.”

False Advertising 59

False Advertising Advertising Advertising Contracts 59

JD Supra Law

DECEMBER 14, 2023

In response to the rapidly growing ubiquity of influencer-driven marketing, the Federal Trade Commission (FTC) has published numerous guidelines for influencers and advertisers alike.

Contracts 78

Contracts Advertising Advertising Branding 78

Technology & Marketing Law Blog

AUGUST 23, 2022

Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K.,

Social Media 138

Social Media Contracts Advertising Advertising 138

43(B)log

SEPTEMBER 14, 2021

The false advertising counterclaim arose from a legal memo that IHS sent to customers who had been contacted by two people on behalf of defendant TDM: We understand that you have been contacted by Trade Data Monitor offering an equivalent service to the Global Trade Atlas.

Advertising 59

Advertising Advertising False Advertising Contracts 59

TorrentFreak

NOVEMBER 14, 2023

Bogus DMCA takedown notices are nothing new, but the rise of organized groups using malicious DMCA notices as a business tool has been apparent in recent years. Defendants’ illegal, fraudulent scheme harms consumers, third-party businesses, and Google; stifles competition; and threatens to tarnish Google’s trusted brand.”

Advertising 144

Advertising Advertising Business Copyright 144

Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

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. More than 6,000 Domains Have Ever Appeared on the IWL.

Intellectual Property 133

Intellectual Property Advertising Advertising Contracts 133

Technology & Marketing Law Blog

MARCH 29, 2022

“any injury to the Plaintiff caused by cheating or unfair play in this game was reasonably avoidable, the harm did not affect the public interest, and it did not cause injury to her business or property.” ” Breach of Contract. ” Products Liability. An online videogame isn’t a “product.”

Contracts 122

Contracts Advertising Advertising Confidentiality 122

43(B)log

SEPTEMBER 1, 2021

3, 2021) Plaintiffs, on behalf of a putative class of advertisers, alleged that LinkedIn overstates the level of actual user engagement with ads on its platform in order to charge premium rates to advertisers. A couple of months later, LinkedIn notified the affected advertisers and provided them with makegoods. LinkedIn Corp.,

Business 59

Business Advertising Advertising Contracts 59

LexBlog IP

JANUARY 4, 2022

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Franken-contracts can ruin your business.

Contracts 52

Contracts Business Confidentiality Privacy 52

The IPKat

SEPTEMBER 26, 2021

Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract adjustments as well as referrals to the Competition and Markets Authority (CMA) and the Advertising Standards Agency (ASA).

Music 130

Music Government Contracts Marketing 130

43(B)log

APRIL 26, 2022

Meta’s Ads Manager displays a “Potential Reach” for an ad after advertisers select their targeting and placement criteria; the default for people in the United States aged 18 and up was over 200 million people, revised as demographic targeting criteria are selected. The court disagreed. This was enough for reliance for UCL standing purposes.

Advertising 66

Advertising Advertising Social Media Contracts 66

43(B)log

JUNE 26, 2023

lawsuits against clubs for advertising them with images of models without those models’ consent. The relevant policy provides coverage for bodily injury, property injury, and advertising injury, subject to certain conditions and exclusions. Covered personal/advertising injury included d.

Advertising 56

Advertising Advertising False Advertising Intellectual Property 56

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager tried a variety of contract-based workarounds to Section 230. At most, the Advertiser-friendly content guidelines permit users to “request human review of [monetization] decisions made by [defendants’] automated systems.” Note how this explicitly covers both leave-up and takedown decisions.

Contracts 145

Contracts Publishing Law Government 145

Technology & Marketing Law Blog

JUNE 4, 2024

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A Rather than engaging this contract law issue directly, the court rules for YouTube on Section 230 grounds: Lady Freethinker’s claims ultimately seek to treat Google as the publisher or speaker of content provided by another information content provider.

Contracts 98

Contracts Design Designs False Advertising 98

43(B)log

OCTOBER 4, 2021

They allegedly wrongfully ousted Corkum and, when he asserted his rights, incorporated Oak City to continue the business, allegedly with LStar’s equipment, money, and intellectual property. Other individual defendants were high-level employees with employment agreements covering trade secrets. Not every word on a label or ad is a mark.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Technology & Marketing Law Blog

MARCH 25, 2024

It’s a reminder of why Twitter will never be profitable again (it’s dissipating its cash on wasteful litigation instead of building a non-cesspool business), and that check will be yet another embarrassing confirmation of Musk’s hypocrisy and fragile ego. Breach of Contract Twitter’s TOS bans scraping.

Litigation 105

Litigation Contracts Advertising Advertising 105

Patently-O

FEBRUARY 10, 2022

The Federal Circuit relies upon traditional contract law principles to determine whether a particular communication constitutes such an offer. Remember the contract foundational trio: Offer, Acceptance, Consideration. Sometimes an unsolicited letter such as this may be seen as merely an advertisement.

Business 78

Business Patent Invention Design Patent 78

43(B)log

SEPTEMBER 10, 2021

AB allegedly began advertising for a similar product, claiming that its load bars have “30% more Holding Power than similar Disposable Load Bars,” allegedly an admitted reference to Logistick. AB argued that its ad never mentioned or referenced Logistick, so it couldn’t interfere with Logistick’s business. AB Airbags, Inc.,

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Technology & Marketing Law Blog

JUNE 9, 2022

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 111

Contracts Privacy Social Media Advertising 111

Olartemoure Blog

DECEMBER 5, 2023

Junk fees refer to hidden and deceptive charges imposed by businesses, often during or after a transaction, that are not adequately disclosed upfront. Consumers may find themselves paying more than anticipated, eroding their trust in businesses. Besides, to address this issue, the FTC has invited public comments on the proposed rule.

Advertising 105

Advertising Advertising Business Television 105

IP Law 360

AUGUST 5, 2024

and its leaders of violating several laws related to fraud, conspiracy, contract violations and false advertising by claiming he was wrongly told the company would remain a nonprofit, in a suit filed in California federal court. Elon Musk on Monday accused OpenAI Inc.

False Advertising 52

False Advertising Business Contracts Advertising 52

IPilogue

JULY 15, 2021

Then, in May 2021, the fashion brand Rag & Bone advertised a new, officially-licensed Cruella -inspired collection—without Beavan’s knowledge or attribution. Many costume designers’ contracts with big production companies currently do not address involvement in merchandising. Conflict arises in contracts’ terms.

Licensing 105

Licensing Contracts Design Designs 105

43(B)log

MARCH 14, 2023

As alleged, Each ISP’s contract grants it a certain service area, or “route,” and the ISP is permitted to sell its route to another entity if they can agree on terms. Together they are known as CSPs, contracted service providers. Route Consultant, Inc., 2023 WL 2466624, No. 3:22-cv-00656 (M.D.

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of its own TOS.

Copying 94

Copying False Advertising Social Media Advertising 94

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. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 123

Blogging Contracts Cease and Desist Social Media 123

TorrentFreak

SEPTEMBER 8, 2024

While advertising agencies will always claim to have a great solution, the default for most anti-piracy messaging is negativity, with few campaigns reaching the public without at least some element of fear. For example, the discounted ads tier satisfied users with a more positive attitude towards advertising.

Advertising 118

Advertising Advertising Contracts Copyright 118

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 125

Contracts Registration Design Designs 125

LexBlog IP

JULY 26, 2023

In this article, we will delve into the key provisions of these laws and their implications for e-commerce businesses in the UAE. Electronic signatures are recognized as equivalent to handwritten signatures, and contracts remain valid and enforceable if made using electronic documents. These contracts are legally valid and enforceable.

Business 52

Business Advertising Advertising Contracts 52

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

Privacy 116

Privacy Marketing Marketing Social Media 116

43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

False Advertising 56

False Advertising Advertising Advertising Social Media 56

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. As with most things, the rules that apply to Google might not apply to your business. Just ask BrandTotal.

Blogging 131

Blogging Law Contracts Cease and Desist 131

43(B)log

SEPTEMBER 28, 2021

Roach, meanwhile, makes frequent use of the phrase “The Unstoppable Entrepreneur” and applied to register the phrase for “Business consultancy; Business marketing consulting services.” Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.”

False Advertising 45

False Advertising Advertising Advertising Contracts 45

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S federal court which has jurisdiction in the case pursuant to Title 28 of the United States Code.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

TorrentFreak

NOVEMBER 8, 2024

The IWL is a component of Operation Creative, a multi-agency initiative led by PIPCU at City of London Police, with support from partners across the creative and advertising industries. Depending on whether extensions are granted after the initial three years, the contract is worth between £173,600 and £221,600.

Advertising 100

Advertising Advertising Intellectual Property Social Media 100

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

43(B)log

SEPTEMBER 16, 2021

The court found that the alleged statements weren’t “commercial advertising” covered by the Lanham Act. It “began a campaign to systematically contact and try to poach business from Homeowners under exclusive contract with [Plaintiff]. The question was whether the alleged misrepresentations were “sufficiently disseminated.”

Advertising 45

Advertising Advertising False Advertising Marketing 45