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 96

Blogging Contracts Cease and Desist Social Media 96

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

According to the UK’s Department for Digital, Culture, Media and Sport report on influencer culture , the global sector is expected to grow from $6.0 Parties : Consider the parties involved in the arrangement and ensure that the appropriate parties are reflected in any formal contracts. billion in 2020 to $24.1

Marketing 52

Marketing Marketing Contracts Branding 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

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

The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

Copyright 91

Copyright IP Social Media Copyright Infringement 91

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 44

False Advertising Contracts Advertising Advertising 44

IPilogue

JANUARY 11, 2023

The newspaper’s print and digital formats reach over 6 million readers every week, with Report on Business magazine reaching over 2.5 Over the course of my time at The Globe, I gained vast and multidisciplinary experience, but three major themes emerged within my practical and research work: privacy, contracts, and data protection.

Journalism 80

Journalism Privacy Contracts IP 80

Technology & Marketing Law Blog

MARCH 29, 2022

She reported the harassment to support staff, but in profane and impolite messages that themselves might be construed as harassing. ” Breach of Contract. The alleged breaches appear to be the game’s failure to enforce possible contract breaches by other users. Eventually, it appears the game restricted her access.

Contracts 114

Contracts Advertising Advertising Confidentiality 114

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 92

Blogging Contracts Copyright Law Copyright 92

LexBlog IP

FEBRUARY 16, 2024

In the past, famous people simply served as the face of a brand or endorsed a product in a short advertisement. If a worker is an employee, the business must report the worker’s earnings to the Employment Development Department ( EDD ) and must pay employment taxes on those wages.

Social Media 52

Social Media Intellectual Property Contracts Branding 52

LexBlog IP

JULY 26, 2023

It also covers trust services and approved trust services, including rules for assessing license applicants, compliance rating entities, and licensees. Electronic signatures are recognized as equivalent to handwritten signatures, and contracts remain valid and enforceable if made using electronic documents. Federal Law No.

Business 52

Business Advertising Advertising Contracts 52

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 84

Advertising Advertising Settlement Blogging 84

LexBlog IP

AUGUST 4, 2022

Or maybe you’re a publisher looking to monetize your available ad space by selling it to advertisers. The Interactive Advertising Bureau (IAB) and the American Association of Advertising Agencies (4A’s) have collaborated on a set of standard terms and conditions for Internet advertising.

Advertising 52

Advertising Advertising Publishing Television 52

TorrentFreak

JANUARY 31, 2023

This content is freely available and monetized through advertisements. “The GoodPorn Website is a pirate website, displaying copyrighted adult entertainment content without authorization or license,” the complaint alleged. However, there is one particular threat to this lucrative business model: pirate sites.

Copyright Infringement 82

Copyright Infringement Contracts Ownership Copyright 82

LexBlog IP

JANUARY 19, 2023

The Federal Trade Commission (FTC) receives so many complaints about these fraudsters that it issued a warning on January 18, 2023, entitled “ How to spot, avoid, and report weather-related scams.” Walk away if they demand cash payments up front, or refuse to give you copies of their license, insurance, and a contract in writing.

Privacy 40

Privacy Reporting Contracts Advertising 40

Technology & Marketing Law Blog

JULY 9, 2022

. “the underlying communication created by a third-party, a Match.com user, is truly ‘the specific harmful material at issue,’ not the automatically generated advertisement sent by Match.” ” The court rebuffed the FTC’s attempt to distinguish Dyroff. ’”. . ” The FTC cited Anthony v.

Advertising 123

Advertising Advertising Publishing Blogging 123

TorrentFreak

JANUARY 11, 2022

According to Bungie, AimJunkies copied and distributed its copyrighted work, to develop and advertise its cheat software. The cheat seller also questions the court’s jurisdiction and counters the other accusations, including “breach of contract,” “tortious interference,” and “unjust enrichment.”

Copyright 134

Copyright Law Copying Copyright Infringement 134

Technology & Marketing Law Blog

OCTOBER 25, 2023

” The court doesn’t address the potential licensing market for the tattoo design. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. WWE 2K Videogame Doesn’t Infringe Tattoo Copyright By Depicting Basketball Players–Solid Oak Sketches v.

Blogging 84

Blogging Copyright Fair Use Copyright Infringement 84

43(B)log

OCTOBER 8, 2021

K&K claimed rights relating to Evel Knievel, including trademarks, copyrights for audio/visual works, right to publicity, existing licenses, contracts, and common law rights. The toy could not perform as advertised in the commercial. The toy came with a red “energizer”, which wound up the toy to be released.

Advertising 57

Advertising Advertising Social Media Licensing 57

TorrentFreak

JANUARY 31, 2023

This content is freely available and monetized through advertisements. “The GoodPorn Website is a pirate website, displaying copyrighted adult entertainment content without authorization or license,” the complaint alleged. However, there is one particular threat to this lucrative business model: pirate sites.

Copyright Infringement 71

Copyright Infringement Contracts Ownership Copyright 71

The IPKat

AUGUST 1, 2021

Here is his report. The defendant operated the platform based on license agreements with TV channel operators. It claims that circumventing the defendant’s geo-blocking measures is relatively easy, the defendant is aware of customers using its service outside the licensed territory, and it fails to prevent such illicit use.

Television 145

Television Art Advertising Advertising 145

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). Enigma alleged that its software products “(i) detect and remove malicious software (i.e.,

False Advertising 57

False Advertising Advertising Advertising Business 57

Technology & Marketing Law Blog

AUGUST 7, 2022

Background Reports Protected by Section 230–Dennis v. Section 230 Doesn’t Protect Advertising “Background Reports” on People–Lukis v. PeopleConnect, Inc. , 21-35690 (9th Cir. June 29, 2022). Related posts: If a Lawyer Accepts a TOS While Investigating a Claim, Does It Bind the Client to Arbitration? Classmates. Whitepages.

Blogging 81

Blogging Reporting Advertising Advertising 81

The IPKat

DECEMBER 16, 2021

The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract. The photographs were taken at a shoot organised by Orisun TV, owned by Virtual Media Network (“VMN”), who subsequently licensed the photographs to NTA-Star. NTA-Star used photos of Banire on their billboards.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

43(B)log

OCTOBER 6, 2021

EBPHI administers and owns the National Home Inspectors Examination (NHIE), an exam many states use to license home inspectors. In addition to being a membership association for home inspectors, InterNACHI also offers a competing licensing exam for the home inspection industry. Two entities, EBPHI and ASHI, sued InterNACHI.

False Advertising 57

False Advertising Advertising Advertising Licensing 57

LexBlog IP

DECEMBER 28, 2021

Provided data privacy is regulated on a state-by-state level, businesses need to know which jurisdictions they offer or advertise their services and products to, or collect and utilize consumer data from. Federal data protection regulations include:   1970: The Fair Credit Reporting Act (FCRA). 86 million to.24

Privacy 52

Privacy Government Intellectual Property Business 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions. MGA Entertainment.

Registration 113

Registration Fair Use Copyright Designs 113

Technology & Marketing Law Blog

DECEMBER 18, 2021

The Coronavirus Reporter app “sought to collect ‘bioinformatics data’ from users about COVID-19 symptoms that it would then share with ‘other users and [unidentified] epidemiology researchers.'” Breach of Contract. Case citation : Coronavirus Reporter v. ” Sounds sketchy as hell. Implications.

Reporting 104

Reporting Law Contracts Advertising 104

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Already, FDA has licensed almost 30 biosimilars, nearly 20 of which are available to patients in the United States. FDA has reported numerous biosimilar-related submissions in its pipeline for Fiscal Year (FY) 2020, including seven original biosimilar biologics license application (BLA) submissions in FY 2020.

Settlement 40

Settlement Licensing Designs Design 40

SpicyIP

MAY 2, 2022

It was revealed in Court that the Plaintiff and Defendant had entered into an agreement wherein the Plaintiff had licensed, in a non-exclusive manner, its right to broadcast and exploit the audio-visual song clips, scenes and dialogues/clips to the Defendants’ channels. This agreement was for a period from 1 st July 2019 to 30 th June 2022.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

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

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

For the first time since FDA licensed the first biosimilar, Sandoz’s Zarxio ® (filgrastim-sndz), in 2015, the United States saw a decrease in annual biosimilar approvals in 2020. Reported Discount at Launch. Table 3 provides a summary of the biosimilars market, as derived from a 2020 Amgen market report. [5]. BPCIA Litigation.

Litigation 52

Litigation Settlement Marketing Marketing 52

43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. The Microsoft ad was licensed by Campbell and showed the photo at about the 40-second mark. Gannett Co.,

Advertising 57

Advertising Advertising Copyright Infringement Publishing 57

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

APRIL 7, 2023

Transparency: reports on content moderation, including judicial orders, notices, number and type of content moderation, use of automated means and related training, and number of complaints. Roche-Laguna: Audit reports will be published w/transparency reports every 6 months, and audit implementation reports have to be published.

Copyright Law 40

Copyright Law Law Copyright Art 40

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105