Olartemoure Blog

MAY 30, 2023

The Digital Markets Act is a groundbreaking law from the European Union that regulates the performance of large online platforms (designated as gatekeepers) in the digital economy to guarantee fair competition, which started applying on 2 May 2023. It controls an important gateway for business users toward final consumers.

Marketing 98

Marketing Marketing Design Designs 98

Technology & Marketing Law Blog

MARCH 28, 2023

But when the case returned to the district court after the initial ruling on the temporary restraining order, hiQ’s antitrust arguments were dismissed for failure to properly identify the relevant market in which LinkedIn has a monopoly. The court dismissed the market division argument on the grounds that it was time barred.

Blogging 126

Blogging Cease and Desist Contracts Marketing 126

Technology & Marketing Law Blog

AUGUST 8, 2022

It’s “burn-down-the-Internet” week on the blog, during which I will recap three bad California bills that the California legislature is poised to enact. For background on the bill and its voluminous problem, see this lengthy blog post. Today’s bill is AB 2273, the most pernicious of the three.

Design 125

Design Designs Privacy Blogging 125

Technology & Marketing Law Blog

MARCH 14, 2022

By contrast, the Government proposes to read the first phrase “without authorization” as a gates-up-or-down inquiry and the second phrase “exceeds authorized access” as dependent on the circumstances—a reading inconsistent with subsection (a)(2)’s design and structure. Such an unhelpful metaphor.].

Blogging 142

Blogging Technology Government Design 142

Technology & Marketing Law Blog

DECEMBER 11, 2023

What the second Circuit did say was that, like in the Jack Daniel’s case, the Wavy Baby used plaintiff’s trademarks and trade dress throughout the design of its product. The post Hot Take on the Wavy Baby Decision (Guest Blog Post) appeared first on Technology & Marketing Law Blog. at 156 (citation omitted)”).

Blogging 130

Blogging Trademark Branding Branding 130

Technology & Marketing Law Blog

MAY 17, 2024

Contracts designed solely to control the flow of information are distinguished from those protecting other values, such as privacy. Bright Data is the Decision We’ve Been Waiting For (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The post X Corp.

Blogging 130

Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

AUGUST 1, 2023

A victim’s daughter sued Facebook, alleging that Facebook’s “design and architecture” radicalized Roof, and that should disqualify Facebook for Section 230. The post Section 230 Immunizes Facebook’s “Design and Architecture” Choices–M.P. Meta appeared first on Technology & Marketing Law Blog.

Design 98

Design Designs Social Media Blogging 98

Technology & Marketing Law Blog

FEBRUARY 27, 2022

TPG aggregates and collects information from the most prominent rewards programs and provides a series of rankings and recommendations designed to help maximize your rewards points. False Designation of Origin 9. TPG’s parent company Red Ventures, LLC, has a market cap about the same size as American Airlines. Trespass 5.

Cease and Desist 124

Cease and Desist Blogging Contracts Social Media 124

Technology & Marketing Law Blog

SEPTEMBER 16, 2022

The California Age-Appropriate Design Code (AADC / AB2273, just signed by Gov. That will benefit incumbents–and hurt new market entrants, who have to convince users to do age assurance before users trust them. Prior AADC coverage : Some Memes About California’s Age-Appropriate Design Code (AB 2273).

Design 119

Design Designs Privacy Business 119

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. 18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. In other words, not even close.

Blogging 98

Blogging Copyright Fair Use Copyright Infringement 98

Technology & Marketing Law Blog

APRIL 3, 2023

VIP Products sells a toy that imitates the trademarks of Jack Daniel’s Properties using a design similar to the company’s whisky label and bottle shape, but with the name “Bad Spaniels”, a spaniel’s face, and poop jokes. Jack Daniel’s contends this design infringes its trademarks and tarnishes its brand. –Jack Daniel’s v.

Blogging 116

Blogging Trademark Fair Use Trademark Law 116

Technology & Marketing Law Blog

JUNE 17, 2023

— I’ve only touched on a fraction of the issues in this case, and this blog is already well over 2,000 words. GitHub (Guest Blog Post) appeared first on Technology & Marketing Law Blog. On May 11th, the court ruled on the Defendants’ Motion to Dismiss , granting in part and denying in part. –Doe 1 v.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Technology & Marketing Law Blog

SEPTEMBER 7, 2022

Can the existing UK Age-Appropriate Design Code tell us anything about what AB 2273 might look like in practice? The post An Interview Regarding AB 2273/the California Age-Appropriate Design Code (AADC) appeared first on Technology & Marketing Law Blog. For more on the bill, see my prior coverage: Op-ed.

Design 111

Design Designs Privacy Business 111

Kluwer Copyright Blog

FEBRUARY 8, 2023

Therefore, such AI-generated works are said to compete directly with human-authored works and thus might be capable of disturbing the market for low creativity works, which is where apparently many artists nowadays make a living. It would not genuinely guarantee a level-playing field for all players in all Member States in a specific market.

Marketing 109

Marketing Marketing Copyright Copyright Law 109

Technology & Marketing Law Blog

AUGUST 10, 2022

It’s “burn-down-the-Internet” week on the blog, during which I am recapping three bad California bills that the California legislature is poised to enact. Monday, I covered AB 2273, the Age-Appropriate Design Code. For background on the bill and its voluminous problems, see this lengthy blog post.

Social Media 136

Social Media Blogging Privacy Government 136

Technology & Marketing Law Blog

JANUARY 23, 2024

The pre-populated message indicated that Plaintiff was opting into Mizzen and Main’s program and agreed to receive marketing alerts. In the context of web-based contracts, clarity and conspicuousness are a function of the design and content of the relevant interface.” citation omitted). Plaintiff’s arguments are unpersuasive.

Contracts 98

Contracts Blogging Advertising Advertising 98

Technology & Marketing Law Blog

OCTOBER 16, 2023

[Sorry it’s take me this long to get this blog post off my desk. We’ve seen a flood of terrible Internet laws in the past few years, including the California Age-Appropriate Design Code (AADC). I hope it was worth the wait.] 18, 2023) Shout-Outs The principals responsible for this ruling deserve a special shoutout.

Design 109

Design Designs Privacy Business 109

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. That’s not what the statute is designed to prevent. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. –RyanAir v.

Blogging 111

Blogging Cease and Desist Business Litigation 111

Technology & Marketing Law Blog

DECEMBER 9, 2022

The post Hello, You’ve Been Referred Here Because You’re Wrong About Web Scraping Laws (Guest Blog Post, Part 2 of 2) appeared first on Technology & Marketing Law Blog. Eric’s closing note: for more on that latter point, see my decade-old thinkpiece on online trespass to chattels.].

Blogging 131

Blogging Law Contracts Cease and Desist 131

Technology & Marketing Law Blog

SEPTEMBER 5, 2021

The Ninth Circuit said that Section 230 doesn’t apply to design defect claims that aren’t based on third-party content, but we know that the plaintiff is likely to lose the case on its merits based on a nearly identical case that failed in Georgia courts. Blog post on amicus briefs. Blog post on Asurvio v.

Blogging 145

Blogging False Advertising Law Advertising 145

Technology & Marketing Law Blog

MARCH 29, 2023

Now here he claims this infringed his copyright, when in fact this is merely a retaliatory claim due to my filing a DMCA claim based on his appropriation of my design and copyright computer code expressions on multiple occasions without written or verbal permission. I proceeded to do that. They fill in a form, rather than draft a complaint.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

Technology & Marketing Law Blog

AUGUST 24, 2021

“plaintiffs do not attempt to allege that housing was generally available in their desired markets – much less that housing Ads satisfying those criteria were being placed in Facebook – under the criteria that any of the plaintiffs were using during the times they were using Facebook to search for housing. .”

Advertising 137

Advertising Advertising Marketing Marketing 137

Technology & Marketing Law Blog

AUGUST 24, 2023

Also in the couple of weeks, Microsoft affiliate OpenAI released a product called GPTbot, which is designed to scrape the entire internet. The post Web Scraping for Me, But Not for Thee (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 98

Blogging Contracts Intellectual Property Social Media 98

Technology & Marketing Law Blog

DECEMBER 13, 2024

Trade dress protection, meanwhile, is available for product packaging, product design, and restaurant and store dcor, and even in those categories owners need to establish the trade dress is nonfunctional and serves as a consistent source indicator. Influencer marketing has become increasingly central to commerce. –Gifford v.

Blogging 64

Blogging Social Media Law IP 64

Technology & Marketing Law Blog

SEPTEMBER 29, 2023

I gave the following comments to reporters: __ For the reasons I described in my blog, the SHOP SAFE Act is a marketplace-killer. It is a neutron bomb designed to wipe marketplaces off the Internet. As a result, it remains terrible. This bill is not a nuanced attempt to excise harmful products from the marketplace.

Blogging 116

Blogging Trademark Design Designs 116

Technology & Marketing Law Blog

OCTOBER 11, 2022

Saber sued Oovee for Lanham Act false designation of origin and related state claims. Any representations to real-life persons (living or dead), or real-world vehicle designs (except where licensed), is purely coincidental. It’s easy to see how permission culture took root in this corner of the videogame market.

Licensing 140

Licensing Marketing Marketing Design 140

Technology & Marketing Law Blog

NOVEMBER 7, 2023

Prior blog post. The appeals court says the plaintiffs “have not adequately defined the relevant market.” ” Instead, they identified 15 different markets in “scattergun fashion.” Apple appeared first on Technology & Marketing Law Blog. Sherman Act. Implications. Apple, Inc.

Reporting 98

Reporting Blogging Marketing Marketing 98

Technology & Marketing Law Blog

MARCH 6, 2024

Tomelleri (who has appeared on this blog before ) illustrates fishes (see court exhibit on the right). If that rings a bell, it’s because just yesterday I blogged on a DIFFERENT fish painter, DeYoung, who also brought an IP lawsuit against a print-on-demand service (Pixels).

Copyright 119

Copyright Trademark Law Publishing Copyright Infringement 119

IP and Legal Filings

DECEMBER 3, 2024

This blog will examine the features, benefits, effective functioning, and strategies on how best to use the Madrid Protocol to protect the brand globally. Country Designations- Desires may be expressed by applicants as named member countries for which they seek trademark protection as ‘designated countries.’

Registration 97

Registration Trademark Intellectual Property Branding 97

Technology & Marketing Law Blog

AUGUST 22, 2023

Eric previously blogged about the Copyright Review Board’s affirmance of the Office’s repeated refusal to register the work back in March 2022. Non‑human actors need no incentivization with the promise of exclusive rights under United States law, and copyright was therefore not designed to reach them.” The slides.

Blogging 98

Blogging Copyright Copyright Law Content Creation 98

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. Apple appeared first on Technology & Marketing Law Blog.

Reporting 119

Reporting Law Contracts Advertising 119

IP and Legal Filings

OCTOBER 23, 2023

These E-commerce platforms make it simple to access consumer goods from a computer or smart phone, but they also, by their very nature, make it simple for counterfeiters to market their counterfeit goods. In the year 2017 the market value of the E-commerce was $38.5 Nakul Bajaj &Ors, [Civil Suit No. 344/2018]. [6] 344/2018]. [7]

Marketing 98

Marketing Marketing Trademark Registration 98

Kluwer Copyright Blog

JANUARY 9, 2023

[The] long-awaited ruling in Case C-401/19 finally brings some clarity to the almost three-year-long discussion about the implementation of Article 17 of the Copyright in the Digital Single Market Directive (DSM Directive) … In [the] judgment the Court rejected the argument brought forward by Poland and concluded that the design of Article 17 (..)

Copyright 95

Copyright Blogging Fair Use Reporting 95

Technology & Marketing Law Blog

APRIL 11, 2022

At the same time, it opened the door to potential liability for all tools that help content creators make their content, basically suggesting that the tools would be negligently designed in ways that expose the tool authors to liability for personal injuries. Snapchat May Have a Duty Not to Design Dangerous Software–Maynard v.

Social Media 130

Social Media Design Designs Publishing 130

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. The print-on-demand service at issue is Pixels, who has appeared on this blog before.

Artwork 119

Artwork Trademark Publishing Marketing 119

Technology & Marketing Law Blog

DECEMBER 15, 2021

As I’ve blogged many, many times on this blog (see list below), 512(f) has been a complete failure. A few plaintiffs have won default judgments (including one I blog below). Defendant had not obtained the Deposit Design from the Copyright Office. 512(f) is a cause of action for abusive takedown notices.

Registration 132

Registration Fair Use Copyright Design 132

Kashishipr

APRIL 13, 2022

At present, with the immense growth of interconnectivity, along with digital experiences creating augmented reality and virtual reality, many digital marketers and technology experts have given the term ‘Metaverse’ to these new spheres of human interaction. Market Reach & Presence. Market Reach & Presence.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116