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

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. In 2020, a licensed Harley Quinn-inspired Birds of Prey collection by Her Universe did not involve the film’s costume designer, Erin Benach.

Licensing 105

Licensing Contracts Designs Design 105

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 92

Contracts Blogging Advertising Advertising 92

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

Traverse Legal Blog

APRIL 17, 2021

Copyright Licensing of Digital Assets Attached to NFT Sales. Bonus: Free Open Source Copyright License for NFT sales below]. What are the terms by which you are selling the NFT and licensing your work, the art you put into the platform that’s going to be attached to the NFT? NFT Copyright Licensing.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

Technology & Marketing Law Blog

APRIL 22, 2024

The jury needed only 90 minutes to determine that the defendants had proven their implied license defense, ending the case. Due to the fact-specific nature of doctrines like implied licenses and fair use, it’s possible the Hayden and Orton jury verdicts are consistent with each other. Warner Bros.

Licensing 84

Licensing Copyright Blogging Fair Use 84

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

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

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. Even if that’s in doubt, there’s no need for a preliminary injunction.

Music 73

Music Contracts Advertising Advertising 73

Kluwer Copyright Blog

JUNE 19, 2023

The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies. Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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 99

Litigation Contracts Advertising Advertising 99

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 111

Copyright Fair Use Licensing Blogging 111

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 121

Contracts Advertising Advertising Publishing 121

IP Tech Blog

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing 57

Marketing Marketing Contracts Branding 57

The IPKat

OCTOBER 14, 2024

Pictures of the room were taken and published on various websites to advertise the hotel. The Court held that a simple consent does not grant any rights to the user (unlike a license or a contract regarding the use of the work). The Court is in good company with its concept of an implied license. 2(a) and Art.

Copyright 116

Copyright Copyright Notice Licensing Art 116

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 90

Contracts Design Designs Publishing 90

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

LexBlog IP

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts.

Marketing 52

Marketing Marketing Contracts Branding 52

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 108

Blogging Contracts Cease and Desist Social Media 108

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos and St.

Cease and Desist 40

Cease and Desist Contracts Social Media Intellectual Property 40

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

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

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 128

Social Media Contracts Advertising Advertising 128

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 110

Advertising Advertising Marketing Marketing 110

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 92

Blogging Copyright Contracts Cease and Desist 92

43(B)log

SEPTEMBER 6, 2023

Route sued for breach of contract, commercial disparagement and defamation per se, intentional tortious interference with contractual relations, false advertising, and contributory trademark infringement. The breach of contract claim survived. Heuberger was a Route customer who then launched a competitor, Navidium.

False Advertising 45

False Advertising Contracts Advertising Advertising 45

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 96

Non-Fungible Tokens Government Law Ownership 96

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

Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Is it a proper copyright ownership or an assigned license?

Copyright 130

Copyright Ownership Social Media Licensing 130

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 Brands Branding 81

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 144

Contracts Publishing Law Government 144

Technology & Marketing Law Blog

MARCH 14, 2024

In so doing, they reversed the district court that had previously held that cellular device users’ data allowances under their contracts with cellular service providers did not constitute “property” subject to conversion. As such, to the extent that there is a grievance here, it should be based in contract, not in property.

Blogging 97

Blogging Contracts Law Advertising 97

The IPKat

JULY 18, 2021

As such, whereas other streaming services negotiate to license music that they subsequently make that available to consumers, YouTube effectively negotiates licences for music that users are already providing through the service. Plot twist!

Music 138

Music Contracts Reporting Government 138

Indiana Intellectual Property Law

SEPTEMBER 28, 2022

He also stated that he created Intellectual Property for the Defendants’ social media accounts, digital marketing, and other advertising vehicles. According to the Complaint, Schwartz began working for Kilroy’s as a server and bartender in August of 2021.

Copyright Infringement 52

Copyright Infringement Social Media Copyright Intellectual Property 52

43(B)log

NOVEMBER 27, 2023

But DNP isn’t actually licensed to practice law. MillerKing, a small Chicago law firm that claims to be a direct competitor of DNP, sued DNP for false association and false advertising under the Lanham Act and Illinois state law. DNP advertises that it uses artificial intelligence” rather than “human knowledge.”

False Advertising 49

False Advertising Advertising Advertising Contracts 49