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. reportAd: {.

Contracts 52

Contracts Business Confidentiality Privacy 52

43(B)log

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Rolling Stone litigation, though the facts are more internet-oriented. Common sense tells us that this is not a simple advertisement.” “It It is a work of fashion journalism that, like every fashion magazine, happens to contain advertisements.”

Advertising 64

Advertising Advertising Design Designs 64

Technology & Marketing Law Blog

JUNE 9, 2022

These questions are being addressed (in mostly unsatisfactory ways) in litigation involving hiQ and BrandTotal. BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” ” Oof.

Contracts 111

Contracts Privacy Social Media Advertising 111

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

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

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

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. And most website-scraper interactions don’t fit within those scraper-litigation patterns. Just ask BrandTotal.

Blogging 131

Blogging Law Contracts Cease and Desist 131

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

43(B)log

MARCH 21, 2024

In re Amazon Prime Video Litig., Though the “buy” button manifests consent to a contract, “certain terms and policies could fail to meet statutory standards of clearness and effectiveness.” 2024 WL 1138906, No. 2:22-cv-00401-RSM (W.D. It was also plausible that the TOS didn’t sufficiently disclose the restrictions.

Licensing 114

Licensing Contracts Ownership Litigation 114

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. ” This is a highly defense-favorable reading of the contract provision. eBay case from 2008. Implications. Apple , and Evans v.

False Advertising 143

False Advertising Privacy Publishing Advertising 143

Technology & Marketing Law Blog

FEBRUARY 14, 2024

But this fact does not turn a conduit website like GMB into a livery… GMB simply provided a platform for Petitioner Chaves (the livery) to perform the tasks of advertising his boat rental, negotiating a rate, renting his own vessel, and earning a rental fee. .'” Publisher/Speaker Claim. portion of the total rental fee.

Contracts 98

Contracts Advertising Advertising Privacy 98

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

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 131

Advertising Advertising Publishing Blogging 131

Technology & Marketing Law Blog

JULY 29, 2023

Davis argued that the TOSes are contracts of adhesion. Nor can Davis point to a single instance of a court finding the Meta Forum-Selection Clause invalid as a product of a contract of adhesion. This will produce litigation tsunamis and likely inhibit content moderation decisions that promote healthy communities.

Social Media 98

Social Media Contracts Law Litigation 98

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

Technology & Marketing Law Blog

AUGUST 5, 2022

Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. Gutman opened both accounts after she entered into the employment contract with JLM. The court also found “Ms.

Social Media 119

Social Media Ownership Business Brands 119

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. What are we even talking about?

Copying 98

Copying Ownership Derivative Work Contracts 98

43(B)log

DECEMBER 16, 2022

15, 2022) The court of appeals reversed summary judgment in favor of an insurer, and ordered partial summary judgment for the insured, on the duty to defend in underlying litigation based on advertising injury coverage for trade dress infringement (depicting allegedly infringing products) in the insured’s advertising.

Advertising 59

Advertising Advertising False Advertising Intellectual Property 59

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). I posted a chapter from the book: Online Contracts.

Editing 98

Editing Social Media Blogging Advertising 98

The IPKat

SEPTEMBER 19, 2022

According to Wanjiru, Machakos University infringed her intellectual property rights, image rights, right to privacy and human dignity by using her photograph (taken by the university during Wanjiru’s graduation) in advertising and marketing of the computer packages courses it offers.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

43(B)log

AUGUST 12, 2021

Safelite allegedly falsely advertised that (1) “if damage spreads beyond the size of a dollar bill, a replacement will be necessary”; (2) “when a chip is smaller than a dollar bill, it can usually be repaired without replacing the windshield.” Safelite counterclaimed for trade secret theft not related to advertising.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

Trading Secrets

NOVEMBER 4, 2021

Peloton has come out on top of the litigation leaderboard yet again. As we previously blogged about here , Peloton is no stranger to trade secret litigation. Peloton filed suit against ICON under the DTSA alleging theft of trade secrets after it learned that ICON had solicited Peloton advertising materials from a contractor.

Advertising 59

Advertising Advertising Litigation Contracts 59

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? Implied-in-Law Contract/Unjust Enrichment. WhenU concluded that trademarks was a dead-end.

Licensing 105

Licensing Copyright Contracts Advertising 105

Technology & Marketing Law Blog

SEPTEMBER 29, 2024

If not, then Alexander will come up completely dry after years of costly litigation. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. I don’t know if Alexander is still eligible for an injunction. Warner Bros.

Copyright 116

Copyright Fair Use Licensing Blogging 116

The IPKat

FEBRUARY 21, 2024

The book examines how the advertising, merchandising, film and television, and sports video-games industries use persona as a key component of their products. Chapter three identifies and analyses three influences on behaviour, namely; law, desire to collaborate via contract, and social norms.

Television 68

Television Advertising Advertising Social Media 68

Kluwer Copyright Blog

JULY 24, 2024

On the first, substantial litigation has already been launched concerning whether the data used to train these models requires payment or opt-in from creatives whose work has been ingested, often without consent. Two key issues have generated much argument, relating respectively to the inputs to and outputs from large models.

Copyright 133

Copyright Ownership Social Media Licensing 133

Copyright Lately

OCTOBER 10, 2021

However, after years of litigation, House would become, in Twain’s words, a “liar,” a “barking dog” and a “polecat”—which I assume in the late 1800’s would have been worse than Sonya Larson calling Dawn Dorland a “Karen.” What Contract? Edward Howard House (1836-1901). ” To Dramatize a Novel.

Art 89

Art Contracts Social Media Litigation 89

Technology & Marketing Law Blog

JULY 26, 2023

In addition to providing Chegg’s for-pay services online for free, Homeworkify has used and continues to use Chegg’s name in Google Advertising. Breach of Contract As is common with scraping cases in 2023, just because the scraper prevails on the CFAA claim doesn’t mean the scraper is going to prevail. The horror! Also, this is dicta.

Cease and Desist 98

Cease and Desist Blogging Contracts Privacy 98

43(B)log

OCTOBER 26, 2021

20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales pitches to timeshare owners to convince them to sign up for TET’s service.” Sussman, 2021 WL 4948099, No. 6:18-cv-2171-GAP-DCI (M.D.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Nelligan Law

MARCH 6, 2023

But what do you do if the renovation does not finish, or the work done is of worse quality than advertised? The most important factor in if you can sue your contractor is the contract you have to complete the renovation with the contractor. A contract can be implied, oral or written. Can I sue my contractor? What are damages?

Law 52

Law Contracts Litigation Ownership 52

43(B)log

OCTOBER 12, 2022

Litigation ensued, with lots of claims, including the Lanham Act claims on which I will focus, though breach of contract claims were prominent and survived a motion to dismiss. The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The 512(f) plaintiff wins after 3 years of litigation and a bench trial. Amazon is a key player in this litigation, but the court doesn’t address its responsibility at all. A New 512(f) Plaintiff Win! So what did it win?

Registration 132

Registration Fair Use Copyright Design 132

43(B)log

NOVEMBER 6, 2023

Bluegreen sued a lot of entities, but only the marketing defendants remained in the case: their role was “to advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts while protecting the customers’ credit.” Any “exit” came from default.

Marketing 59

Marketing Marketing False Advertising Advertising 59

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Read literally, all advertising “allow[s] for arranging the sale or purchase of goods,” so this law potentially obligates EVERY ad-supported publisher to undertake the content moderation obligations the bill imposes on online marketplaces. Normally trademark owners aren’t third-party beneficiaries of that contract.

Trademark 144

Trademark False Advertising Advertising Advertising 144

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v. Dougies for diapers.

False Advertising 49

False Advertising Contracts Branding Branding 49

43(B)log

MARCH 4, 2022

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. If this litigation continues and defendants wish to repeat this argument, they should support their assertion that they own the Facebook page with authority.”

Social Media 72

Social Media Advertising Advertising Business 72

SpicyIP

AUGUST 22, 2021

The suit further claimed that the Defendant must be constrained from producing, packaging, trading or transacting, or lastly advertising, while dealing in medicative commodities or other products of any description, which bear the mark ‘RESPULE’, because the said mark is owned by the Plaintiff.

Marketing 139

Marketing Marketing Trademark Registering Trademarks 139