43(B)log

SEPTEMBER 21, 2021

Matthew Bender argued that the omissions were an unfortunate mistake but not actionable misconduct; among other things, the sales contracts expressly disclaimed the accuracy, reliability, and currentness of the Tanbook. And the misrepresentations weren’t materially misleading “under all the circumstances, including defendant's disclaimer.”

Editing 44

Editing Contracts Copying Law 44

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Verify the third-party seller’s identity, principal place of business, and contact information through “reliable documentation, including to the extent possible some form of government-issued identification.” Normally trademark owners aren’t third-party beneficiaries of that contract.

Trademark 138

Trademark False Advertising Advertising Advertising 138

43(B)log

AUGUST 9, 2021

As alleged in the initial complaint, Charter mailed solicitations whose envelopes “used Windstream’s trademark and copied the same distinct color pattern from Windstream’s current advertising campaign.” for the losses caused by intentionally and wrongfully interfering with the Debtors’ customer contracts and good will.

False Advertising 117

False Advertising Advertising Advertising Law 117

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

FEBRUARY 3, 2023

Copying may be directly costless to the knowledge creator, but knowledge transfer is not, and who is initiating may affect what’s going on here: knowledge transfer encodes voluntariness which fits with Cicero but not with a lot of the copying to which people object today. Interested in sellers’ understanding of the contracts.

False Advertising 44

False Advertising Trademark Advertising Advertising 44

43(B)log

AUGUST 3, 2023

Are the outputs copies of the training data? Copying takes place prior to training; converted into tokens and training is a process of adjusting weights in the model, not copying tokens. Cultural and economic factors (change in what the business does over time, including startup drift and embrace then rejection of crypto).

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

FEBRUARY 19, 2022

The roles of business and consumer have been applied flatly and wrongly. Businesses have been assumed to be asocial; consumers are satisfying self-interest. Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. It’s ok for businesses to do most profitable things.

Law 117

Law Branding Brands Branding 117