43(B)log

OCTOBER 18, 2024

Defendants allegedly copied key components of Trackman’s copyrighted software and falsely suggested, in promotions and advertisements, that defendants were authorized to use the well-known courses in their game. Although the court dismissed a contract claim, copyright and false advertising claims survived.

False Advertising 52

False Advertising Contracts Advertising Advertising 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 98

Contracts Blogging Advertising Advertising 98

LexBlog IP

JULY 14, 2022

The new 2022 SAG-AFTRA Commercials Contract (the 2022 Contract), which is retroactively effective to April 1, 2022, appears to offer certain benefits to advertiser and agency signatories of the Commercials Contract, particularly JPC authorizers, as well as Union member performers.

Contracts 52

Contracts Advertising Advertising Social Media 52

43(B)log

SEPTEMBER 3, 2021

25, 2021) Unlike the education cases so far, this pandemic case sustains both consumer protection and contract claims. Defendants first argued that passes didn’t not qualify as “goods or services” under the CLRA, but were only temporary licenses, with services provided only ancillary to the license. Alterra Mountain Co.,

Contracts 59

Contracts Advertising Advertising Licensing 59

Technology & Marketing Law Blog

APRIL 29, 2022

The plaintiffs sued Facebook for (1) negligence; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) violations of California’s Unfair Competition Law, Cal. At most, Plaintiffs’ allegations establish that Meta encouraged and solicited third parties to advertise on its platform. & Prof.

Contracts 128

Contracts Advertising Advertising Publishing 128

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

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

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

APRIL 29, 2024

The Cube file was provided under a Creative Commons, non-commercial, no derivatives license. It advertised “This device was one of the most popular items on a popular 3D printing website with over 20,000 unique downloads” on its website, at a time when Leszczynski’s Thingiverse page displayed that his Cube had been downloaded 20,000 times.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. 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.

Litigation 105

Litigation Contracts Advertising Advertising 105

Technology & Marketing Law Blog

JUNE 2, 2022

” However, Sedlik “believed he licensed the Portrait for use in the making of a tattoo, and that he has been approached several times by tattooists or their clients to request a license to use the Portrait in a tattoo and that he may have rejected at least some of their requests if he did not approve of the quality of their work.”

Copyright 145

Copyright Social Media Fair Use Licensing 145

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

DECEMBER 18, 2021

Query: if the only newspaper in town decides which advertisements may properly be posted or which advertisements to accept, does a rejected advertiser suffer an anti-trust injury? Breach of Contract. The deficiency of Plaintiffs’ claim in asserting an antitrust injury is demonstrated by the following analogy.

Reporting 119

Reporting Law Contracts Advertising 119

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

43(B)log

AUGUST 5, 2022

4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. To say we are disappointed by the events that transpired as a result of this license is an understatement. CV-21-00228-TUC-SHR, 2022 WL 3098042 (D.

Advertising 59

Advertising Advertising False Advertising Contracts 59

Velocity of Content

OCTOBER 4, 2021

In May 2020, Spotify agreed to an exclusive $100 million deal with Joe Rogan, the biggest licensing agreement ever made in podcasting. Licensing Comes to Podcasting. The post Licensing Comes to Podcasting appeared first on Copyright Clearance Center.

Licensing 52

Licensing Intellectual Property Law Television Intellectual Property 52

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Equally importantly, the court failed to provide the jury with instructions on two other defenses—waiver and implied license. The implied license argument is particularly important here. Warner Bros.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

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

Technology & Marketing Law Blog

MARCH 29, 2022

” Breach of Contract. The alleged breaches appear to be the game’s failure to enforce possible contract breaches by other users. ” Products Liability. An online videogame isn’t a “product.” Among other problems with the claims, Section 230 applies to third-party conduct. Implications.

Contracts 122

Contracts Advertising Advertising Confidentiality 122

Technology & Marketing Law Blog

DECEMBER 10, 2022

It had favorable organic indexing that made it some money, and it bought Adwords advertising that made it more money. But over time, its organic indexing declined and so did its conversion rate on advertising. These allegations fall short of alleging anticompetitive conduct in the online search advertising market.

Advertising 111

Advertising Advertising Marketing Marketing 111

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 Publishing 98

IPilogue

SEPTEMBER 9, 2022

In this contract, it was stipulated that for licences, he would be paid a royalty rate of approximately 50%, but for a sale, such as the sale of a CD, he would be paid a royalty rate of 18%. When Four Tet’s contract was signed in 2001, these standard licensing terms were different for the music industry. Sales vs Licences.

Music 104

Music Intellectual Property Contracts Settlement 104

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

“Alexander testified that she had never licensed her tattoos for video games or any other medium. 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.” Case Citation : Alexander v. 3:18-cv-00966-SMY (S.D.

Copyright 116

Copyright Fair Use Licensing Blogging 116

Technology & Marketing Law Blog

JANUARY 12, 2022

” For standing purposes, it doesn’t matter that he still advertises through AdWords. Also, many advertisers are pretty sophisticated and would interpret Google’s statements more skeptically than Singh did. Commonality. ” Typicality. per month and Home Depot spends $6.81M per month. Predominance.

Advertising 113

Advertising Advertising Settlement Blogging 113

The IP Law Blog

AUGUST 12, 2021

Many companies, intentionally or unintentionally, have language in their contracts that would severely prejudice the athletes in the future. For example, and this is the most prevalent issue I’ve seen, many companies include language in the agreements that would grant the company a license “in perpetuity” to use the athlete’s NIL.

Intellectual Property 98

Intellectual Property Licensing Social Media Contracts 98

Traverse Legal Blog

MARCH 3, 2021

Risks for all stakeholders include FTC Part 255 regulations for endorsements and influencer contract drafting and, in this game, one of the things we’re going to be talking about is, you know, intellectual property. The Difference Between An Endorsement & A License. Copyright Licensing as a Form of Permission.

Marketing 81

Marketing Marketing Branding Branding 81

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. You agree that as a condition of your license, you will not: i. People Want to Download and Keep Movies & TV Shows. Copyright Law and DRM.

Copying 145

Copying Social Media Licensing Technology 145

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

IP and Legal Filings

DECEMBER 25, 2022

The current trend in internet law, has tended to elevate companies’ rights through contracts and licences while demoting owners to simple users. [1] The concepts of ownership and licensing are relevant in this context. Licensing and ownership: What’s the catch?

Non-Fungible Tokens 98

Non-Fungible Tokens Government Law Ownership 98

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

Contracts 105

Contracts Privacy Blogging Litigation 105

43(B)log

AUGUST 16, 2021

It does so at the Rose Bowl Stadium under three contracts with Pasadena, including a Master License Agreement, Trademark Agreement, and Trademark Consent Agreement. This also got rid of the breach of contract claim, which was based on the alleged trademark infringement and false advertising.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

Technology & Marketing Law Blog

JUNE 9, 2022

BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” 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

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 98

Blogging Copyright Contracts Cease and Desist 98

IP and Legal Filings

APRIL 8, 2023

Image Sources : Shutterstock] Protection Under Copyright Act, Licensing & Contractual Issues for the Celebrities A celebrity is a well-known person. Copyright And Licensing Questions India’s film industry produces the most films in the world, with a national and international audiences.

Privacy 98

Privacy Law Intellectual Property Music 98

Technology & Marketing Law Blog

SEPTEMBER 8, 2023

The court dismisses the contract and IIED claims on Section 230 grounds. In our Advertising & Marketing Law casebook, Prof. (The Wikipedia entry gives some clues about why the movie may not have performed as well as the producers hoped). The lawsuit against Facebook for refusing the film ads is an easy dismissal.

Contracts 105

Contracts Marketing Marketing Publishing 105

Technology & Marketing Law Blog

JUNE 20, 2024

The court says “Plaintiffs’ express assent to 1 Hotel’s use of the photograph therefore created an implied license to use the Photograph on Defendant’s “social channels.”” If the consent was legally effective, then it created an express license, not an implied one. ” This is confused. ” Attorneys’ Fees.

Social Media 105

Social Media Copyright Licensing Advertising 105

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service. & Prof. Section 230.

Contracts 119

Contracts Social Media Advertising Advertising 119