43(B)log

FEBRUARY 3, 2025

In re Keurig Green Mountain Single-Serve Coffee Antitrust Litig., 30, 2025) This is a ruling on 19 motions to exclude expert testimony in this case, which is mostly an antitrust case; I will focus only on some false advertising-relevant rulings. 14-MD-2542 (VSB), 2025 WL 354671 (S.D.N.Y. Butlers modification of the control group.

False Advertising 52

False Advertising Advertising Advertising Licensing 52

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

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

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

IP and Legal Filings

SEPTEMBER 19, 2024

The litigations initiated by the DOJ against Google constitute some of the most important antitrust actions within the last decade they focus on the company’s market position within search engine and digital advertising industries. Contracts èxclusionnaires.’

Advertising 59

Advertising Advertising Contracts Technology 59

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

IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism 80

Journalism Privacy Contracts IP 80

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

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 105

Art Contracts Social Media Litigation 105

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

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

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

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

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 135

Copyright Ownership Social Media Licensing 135

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

IPilogue

AUGUST 19, 2021

Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content. IOC regulations are only one of the many sets of rules that surround the intellectual property (IP) of the Olympic Games.

Intellectual Property 105

Intellectual Property Social Media IP Trademark 105

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

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 69

Television Advertising Advertising Social Media 69

IPilogue

JANUARY 21, 2022

Game publishers can decide what teams/players may compete, who may host tournaments, and how tournaments are advertised and broadcasted. The matter never ended up being litigated. But among these actors, whose rights can really be enforced?

Publishing 109

Publishing Intellectual Property IP Licensing 109

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

SpicyIP

MAY 2, 2022

Akshat is a lawyer, interested in IP policy, currently litigating at the Patna and the Delhi High Courts. While terminating the contract, the Plaintiff had informed Defendant of the terms of termination, which inter alia provided that using Plaintiff’s content without a license would now constitute infringement. Akshat Agrawal.

Fair Use 116

Fair Use Copyright Reporting Licensing 116

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

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

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

The IPKat

SEPTEMBER 1, 2023

Former GuestKat Mirko Brüß summarised a Higher Regional Court’s of Nürnberg ruling in which the key issue was whether an online marketplace could be held liable for damages and injunctive relief, when a third-party vendor uses a copyright-infringing image to advertise their product on that platform. More information available here.

Copyright Infringement 53

Copyright Infringement Publishing Contracts Advertising 53

Trading Secrets

JUNE 22, 2022

The court found that section 16601 applied as a matter of law because the defendant “dispos[ed] of all of his … ownership interest” in one transaction agreement while concurrently agreeing under an employment agreement and that both contracts, along with other contracts the parties executed, were drafted to accomplish the parties’ joint venture.

Ownership 98

Ownership Business Contracts Law 98

Technology & Marketing Law Blog

OCTOBER 25, 2023

The litigants are in different markets. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. ” Market Effect. “Plaintiff sells tattoos and gift cards for her tattoo business, and Defendants sell a streaming media service.” Warner Bros.

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Plaintiff JV Medical Supplies, Inc. 5,572,801 and 6,069,279.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

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 Brands Branding 49

The IPKat

DECEMBER 13, 2023

As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU).

Related Rights 81

Related Rights Publishing Licensing Contracts 81