Technology & Marketing Law Blog

SEPTEMBER 8, 2023

The court dismisses the contract and IIED claims on Section 230 grounds. The only question at issue is whether the lawsuit treats Facebook’s refusal as a publisher/speaker action. That is a quintessential publishing decision for which Facebook is “perforce immune.” In our Advertising & Marketing Law casebook, Prof.

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Contracts Marketing Marketing Publishing 91

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 128

Blogging Contracts Fair Use Copyright Law 128

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith. Princeton Excess & Surplus Lines Ins.

Advertising 62

Advertising Advertising Settlement Contracts 62

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced. The Bottom Line.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

Technology & Marketing Law Blog

DECEMBER 7, 2022

The resulting state court lawsuit has reinforced the Prager Effect, producing another published opinion thoroughly rejecting every argument advanced by Prager and expanding services’ legal protections for their moderation decisions. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 138

Contracts Publishing Law Government 138

Technology & Marketing Law Blog

DECEMBER 18, 2021

The court couldn’t sufficiently discern the relevant market from the complaint, so the court can’t figure out any cross-elasticities. The court rejects the plaintiffs’ attempts to create single-brand markets. Breach of Contract. Apple appeared first on Technology & Marketing Law Blog. Implications.

Reporting 105

Reporting Law Contracts Advertising 105

LexBlog IP

JULY 21, 2022

The Italian Competition and Market Authority (“AGCM” or “Authority”) has closed an investigation launched in July 2021 against McDonald’s Development Italy LLC (“McDonald”) regarding an alleged violation of art. 9 of Italian Law no.

Marketing 52

Marketing Marketing Contracts Business 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

Note: this is my first blog post on a High Court of Australia opinion, though I had a guest blog post from a decade ago about keyword advertising. A dispositive legal question is whether or not the Facebook accountholders “published” the users’ allegedly defamatory comments.

Publishing 100

Publishing Social Media Blogging Law 100

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

IP and Legal Filings

NOVEMBER 6, 2022

As a result, the sector works closely with various performers, artists, authors, publishers, production companies, record labels, online content providers, broadcasters, advertising, distributors, etc. In instances where the idea is used after the contract with the agency has ended, the agency is often not compensated separately.

Ownership 52

Ownership Intellectual Property IP Contracts 52

TorrentFreak

FEBRUARY 24, 2023

After thriving in what was once a localized traditional market, Japanese comics known as ‘manga’ took the world by storm. Publishers and authors could only watch as their work fueled a huge but unlicensed black market. Publishers Seek Help From U.S. It’s complex and messy, almost certainly by design.

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Publishing Advertising Advertising Music 120

Technology & Marketing Law Blog

MARCH 29, 2022

In addition, “Defendants are immune from Plaintiff’s claims related to their restriction of her access to Forge of Empires in an effort to prevent her from publishing ‘obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable” content.’ ” Breach of Contract.

Contracts 115

Contracts Advertising Advertising Confidentiality 115

The IPKat

JULY 18, 2021

Subsequently, the Committee Report on the Economics of Music Streaming has been published, calling for "a complete reset" of music streaming and the need for significant change within the music industry. Some of the key regulatory recommendations are discussed in this post. Plot twist!

Music 138

Music Contracts Reporting Marketing 138

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 97

Blogging Contracts Cease and Desist Social Media 97

Technology & Marketing Law Blog

NOVEMBER 15, 2022

Second, I will explain why imposing legal restrictions on the ability of Internet services that gather, organize, and disseminate user-generated content (which I’ll call “UGC publishers”) to terminate accounts or remove content leads to unwanted outcomes. Accordingly, in the US, UGC publishers do not “censor” users. Section 230.

Publishing 97

Publishing Government Contracts Law 97

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. RageOn * CreateSpace Isn’t Liable for Publishing Allegedly Infringing Uploaded Book–King v.

Artwork 100

Artwork Trademark Publishing Marketing 100

IP Tech Blog

FEBRUARY 1, 2023

The Advertising Standards Authority (ASA) has banned four separate adverts which relate to electric plug-in mini heaters. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 48

Advertising Advertising Branding Brands 48

TorrentFreak

OCTOBER 25, 2022

Funded by the government and run by City of London Police under the banner of Operation Creative, the IWL is supported by major rightsholders, including the BPI, IFPI and The Publishers Association, plus international groups such as the MPA. Total IWL domains that have advertising on them. Being able to focus on a particular brand.

Intellectual Property 113

Intellectual Property Advertising Advertising Contracts 113

LexBlog IP

AUGUST 7, 2023

The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. CCDH urges brands to not advertise on sites that promote disinformation. X Corp suggests that these efforts have resulted in reduced advertising levels on Twitter.

Social Media 52

Social Media Reporting Contracts False Advertising 52

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.” Publisher/Speaker Claims. ” The court rebuffed the FTC’s attempt to distinguish Dyroff. ’”. .

Advertising 124

Advertising Advertising Publishing Blogging 124

SpicyIP

MARCH 28, 2022

Tensions between news publishers and digital platforms providing search and news aggregation services have been growing globally for years. World over traditional media houses have faced financial difficulties due to the emergence of new digital realities and plummeting online advertising revenues.

Copyright 94

Copyright Publishing Music Contracts 94

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 93

Blogging Contracts Copyright Law Copyright 93

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%. Defendant Marble is Issuance’s co-founder and chief executive officer.

False Advertising 57

False Advertising Ownership Advertising Advertising 57

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. The infringement at trial was a photo of a sportscar illegally used on the internet for advertising purposes.

Contracts 98

Contracts Copyright Law Cease and Desist 98

IP Tech Blog

FEBRUARY 2, 2022

The Advertising Standards Authority ( ASA ) has introduced a novel approach to sanctioning influencers who consistently fail to disclose ads on their Instagram accounts. As we previously noted , the ASA published its influencer monitoring report in March last year. The regulator does not like use of “ #spon ” or “ #affiliate ”.

Social Media 57

Social Media Advertising Advertising Branding 57

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 82

Blogging Copyright Contracts Cease and Desist 82

Technology & Marketing Law Blog

FEBRUARY 14, 2024

” Publisher/Speaker Claim. 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. portion of the total rental fee.

Contracts 76

Contracts Advertising Advertising Privacy 76

The IPKat

JANUARY 18, 2022

Corint Media is the German Collective Rights Management Organisation (CMO) responsible for the management of the neighbouring rights of broadcasters and press publishers, including the German press publisher’s neighbouring right under Section 87g of the German Copyright Act. in the News Showcase service.

Publishing 52

Publishing Marketing Marketing Advertising 52

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” Publisher/Speaker Claims. Plaintiffs seek to hold Apple liable for its role in reviewing and making the Toast Plus app available, activity that satisfies the second prong of the Barnes test as publishing activity. False Advertising. ” This is a highly defense-favorable reading of the contract provision.

False Advertising 114

False Advertising Privacy Publishing Advertising 114

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market.

False Advertising 57

False Advertising Advertising Advertising Social Media 57

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. Gannett derives revenue from the Ad Meter Platform, which included its own advertisement and sponsorship revenue.

Advertising 57

Advertising Advertising Copyright Infringement Publishing 57

LexBlog IP

FEBRUARY 1, 2023

The Advertising Standards Authority (ASA) has banned four separate adverts which relate to electric plug-in mini heaters. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 40

Advertising Advertising Branding Brands 40

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Starting in 2018, Shared “lost access” to the instant articles program three times, each time (allegedly) without advance notice despite the applicable TOS saying Facebook “will use good faith efforts to provide Publisher with notice of” any termination. & Prof. Section 230.

Contracts 95

Contracts Social Media Advertising Advertising 95

LexBlog IP

FEBRUARY 2, 2022

The Advertising Standards Authority ( ASA ) has introduced a novel approach to sanctioning influencers who consistently fail to disclose ads on their Instagram accounts. As we previously noted , the ASA published its influencer monitoring report in March last year. The regulator does not like use of “ #spon ” or “ #affiliate ”.

Social Media 52

Social Media Advertising Advertising Branding 52

43(B)log

AUGUST 20, 2021

Drug manufacturers still need an NDA or ANDA to sell their drugs, but, during the pendency of an open DESI proceeding, the FDA permits the subject product or drug to remain on the market. They are therefore allowed on the market during the DESI review pendency and qualify as pharmaceutically equivalent.

False Advertising 57

False Advertising Advertising Advertising Marketing 57

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. Blog Posts.

Editing 91

Editing Social Media Blogging Advertising 91

Technology & Marketing Law Blog

MAY 27, 2022

” The plaintiff argued that Salesforce only managed the customer relationships, not the content published on Backpage. Whoever that 1 defendant is in this case (my view: the advertisers on Backpage who uploaded the ads), it sure isn’t a downstream vendor like Salesforce. Publisher/Speaker Liability.

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Blogging Publishing Advertising Advertising 125