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.

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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.

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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.

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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.

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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.

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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.,

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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.

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LexBlog IP

AUGUST 18, 2021

It is inevitable in almost every business. Review the contract. Review the contract/offer letter. text: ‘Advertisements’, }, creative: {. “Five Rs” To Remember When Letting Employees Go. You will need to let an employee go. Regardless of the reason, here are five “R”s to keep in mind.

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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.

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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.

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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.,

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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

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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.”

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43(B)log

OCTOBER 29, 2024

28, 2024) A rare timeshare exit company lawsuit against a timeshare developer, alleging false advertising and related claims. At one point, plaintiff WFG obtained accreditation and an A+ rating from the Better Business Bureau, which it advertised with the AARP, allegedly bringing in more than $10 million in revenue.

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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.

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43(B)log

FEBRUARY 7, 2022

28, 2022) Wound Care is a Medicare-enrolled supplier of surgical wound dressings to patients in nursing homes and other long-term care facilities nationwide under nonexclusive agreements; mostly facilities enter supply contracts with Wound Care on behalf of their patients under an assignment of benefits issued to the facilities by the patients.

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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.

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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.

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Blogging Contracts Fair Use Copyright Law 130

43(B)log

APRIL 29, 2022

The judge recommended rejecting Lanham Act claims because statements made to Amazon only aren’t “commercial advertising or promotion” (the judge at one point wrongly shorthands this as “not commercial speech,” but finishes by correctly focusing on “not commercial advertising or promotion”), but rejecting the rest of the motion to dismiss.

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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.

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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.”

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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.”

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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.

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43(B)log

MARCH 28, 2024

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.

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43(B)log

JULY 8, 2024

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., 2024 WL 3304815, No. 2:23-cv-04150-MEMF-MRW (D.C. Wolens, 513 U.S.

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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.

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TorrentFreak

NOVEMBER 18, 2024

Musi Sues Apple over ‘YouTube-Triggered’ Removal In a complaint filed at a California federal court last month, Musi sued Apple for breach of contract, as well as a breach of the implied covenant of good faith and fair dealing. The music app believes that the delisting was unjustified and wants Apple to reinstate it immediately.

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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.

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Advertising Advertising Contracts Copyright 108

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.

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Plagiarism Today

DECEMBER 7, 2022

For academics concerned about the impact of artificial intelligence (AI) on academic integrity, it has been a very busy week. Though most contract cheating still takes place in person, students that want to skip writing an essay already have plenty of options online and are likely being bombarded by advertising for them already.

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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.,

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43(B)log

AUGUST 12, 2021

Safelite counterclaimed for various business torts/CFAA violations. Safelite’s business focuses on “sale and installation of replacement windshields.” Safelite counterclaimed for trade secret theft not related to advertising. Safelite managed to kick out the Lanham Act claim for want of proximate cause.

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43(B)log

FEBRUARY 8, 2024

These free trials are critical to Sirius XM’s business model, which “relies on converting these millions of vehicle buyers from free trial users into paid subscribers of automatically renewing music plans.” However, the advertised rates don’t include the “U.S. Music Royalty Fee in addition to the advertised and promised price.” “At

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

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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.”

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IP and Legal Filings

NOVEMBER 6, 2022

The media and entertainment (M&E) industry, comprises of a diversified range of businesses, which are frequently engaged in dissemination of creative expression and information. Or whether the agencies should be provided royalties for the same if the idea is used for marketing purposes after their contract has ended?

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Ownership Intellectual Property IP Contracts 52

43(B)log

JANUARY 3, 2024

CCM counterclaimed for abuse of process and for violations of the Lanham Act and related state laws; one ex-employee also brought counterclaims against loanDepot for breach of contract and breach of the implied covenant of good faith and fair dealing. The false association/coordinate state law claims survived. Ankura Consulting Grp.,

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