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 87

Litigation Contracts Advertising Advertising 87

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 84

Contracts Privacy Blogging Litigation 84

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service.

Advertising 40

Advertising Advertising Law Privacy 40

Technology & Marketing Law Blog

JUNE 9, 2022

Any legal policy that encourages data snarfing must simultaneously contend with the potentially anti-competitive and anti-social effects of preventing legitimate players from snarfing, along with the potentially massive privacy and security risks that data snarfers create. ” Oof. BrandTotal sought summary judgment that Section 3.2.3

Contracts 105

Contracts Privacy Social Media Advertising 105

Technology & Marketing Law Blog

JULY 19, 2023

Whereas this final page bolds certain important information about the trial membership, for instance, that prospective members can “Cancel anytime” and that they will be provided “1 month (and 45 credits) to book any classes [they] want,” no such bolding is applied to the text notice linking to the Terms and Privacy Policy. ” OK boomer.

Privacy 91

Privacy Contracts Marketing Marketing 91

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. 18, 2022. .”

Editing 90

Editing Social Media Blogging Advertising 90

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

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

“plaintiffs’ computer fraud and privacy claims are based on Apple’s reproduction of an app, Toast Plus, intended for public consumption, via the App Store. False Advertising. ” This is a highly defense-favorable reading of the contract provision. ” Publisher/Speaker Claims. ” Oops.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

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 74

Contracts Advertising Advertising Privacy 74

Technology & Marketing Law Blog

JUNE 20, 2024

Other arguments fail because “there is value in Minor Plaintiffs’ image and likeness, which Defendants then used for the purpose of commercial advertising and sales. If you plan to depict people in advertising, you need both copyright and publicity rights permissions. ” Attorneys’ Fees. Implications. Be Careful!–Khachatryan

Social Media 100

Social Media Copyright Licensing Advertising 100

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 93

Contracts Social Media Advertising Advertising 93

IP and Legal Filings

NOVEMBER 23, 2023

This Act explains the significance of support when it comes to the enrollment of trademarks for the matter of Publicity or Privacy, and The Copyrights Act 1957 [iv] defines word “performer” as an actor, singer, musician, dancer, acrobat and juggler etc. Hence Cristiano Ronaldo’s Publicity rights were bagged by Mint Media for 6 years.

Intellectual Property 100

Intellectual Property Privacy Branding Brands 100

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!

Cease and Desist 87

Cease and Desist Blogging Contracts Privacy 87

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 80

Blogging Copyright Contracts Cease and Desist 80

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 100

Social Media Ownership Branding Brands 100

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels appeared first on Technology & Marketing Law Blog.

Artwork 98

Artwork Trademark Publishing Marketing 98

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 118

Blogging Law Contracts Cease and Desist 118

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 138

Trademark False Advertising Advertising Advertising 138

Technology & Marketing Law Blog

NOVEMBER 15, 2022

I’m a professor at Santa Clara University School of Law, located in California’s Silicon Valley, where I hold the titles of Associate Dean for Research, Co-Director of the High Tech Law Institute, and Supervisor of the Privacy Law Certificate. I started practicing Internet Law in 1994 and first started teaching Internet Law in 1996.

Publishing 96

Publishing Government Contracts Law 96

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). A reasonable advertiser would also know that it was being charged a much higher rate for clicks than impressions. targeted social media advertising.

Privacy 100

Privacy Marketing Marketing Social Media 100

IP Tech Blog

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners. Also consider international markets.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

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 80

Contracts Blogging Advertising Advertising 80

LexBlog IP

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

TorrentFreak

JULY 23, 2023

All claim to be the best, but some are more privacy-conscious than others. When it comes to privacy and anonymity, an outsider can’t offer any guarantees. Many of these questions relate to privacy and security, and the various companies answer them here in their own words. The VPN review business is flourishing as well.

Privacy 137

Privacy IP Technology Reporting 137

LexBlog IP

OCTOBER 5, 2021

Life Spine contracted with Defendant Aegis Spine to distribute the device only to medical facilities nationwide and to keep Life Spine’s confidential information secret and use the confidential information only in furtherance of the business relationship. Plaintiff Life Spine, Inc.

Confidentiality 52

Confidentiality Patent Contracts Intellectual Property 52

Kluwer Copyright Blog

JANUARY 26, 2022

Besides, creators can benefit from smart contracts and determine that a certain percentage of the sales price goes to the original creator each time the work is resold. Blockchain-powered timestamps coupled with smart contracts could help address complex copyright and other IP-related problems (patents, trademarks, etc.)

Ownership 114

Ownership IP Non-Fungible Tokens Technology 114

Technology & Marketing Law Blog

AUGUST 7, 2022

Section 230 Doesn’t Protect Advertising “Background Reports” on People–Lukis v. The post Lawyer’s Agreement to Online Terms if Investigating a Claim May Bind a Client appeared first on Technology & Marketing Law Blog. Section 230 Covers Republication of Old Yearbooks–Callahan v. Whitepages.

Blogging 81

Blogging Reporting Advertising Advertising 81

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients. Corruption in IP Offices, Anything New?

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

JUNE 14, 2024

That exception doesn’t apply here because “the School Districts are not individual consumers of Defendants’ platforms who need special protections but are not protected by contract.” ” Imagine a reframing: “can for-profit businesses encourage greater customer loyalty using product marketing?”

Social Media 71

Social Media Publishing Designs Design 71

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

Olartemoure Blog

OCTOBER 3, 2023

Considering the above, the main basis for the processing by Meta of the referred data would be informed consent, granted through the acceptance of the service contract. In parallel, the Treaty on the Functioning of the European Union (TFEU) in its article 102 deals with the abuse of dominant position by undertakings in the single market.

Law 105

Law Privacy Contracts Marketing 105

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. appeared first on Technology & Marketing Law Blog. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the case to arbitration. Warner Bros.

False Advertising 84

False Advertising Government Privacy Designs 84

LexBlog IP

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. In addition to regularly reviewing IP assets, a company should regularly make sure that its privacy and data use policies comport with the manner in which it collects and uses customer and employee data.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

IP 143

IP Intellectual Property Copyright Trademark 143

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 64

Personality Rights Privacy Social Media Copyright 64

Technology & Marketing Law Blog

MAY 25, 2022

By engaging in this content moderation, the platforms develop particular market niches, foster different sorts of online communities, and promote various values and viewpoints. McManus ruling, which rejected some mandatory disclosures about political advertising. Does this ruling create a circuit split with the 4th Circuit?

Social Media 99

Social Media Law Blogging Publishing 99