Technology & Marketing Law Blog

AUGUST 5, 2022

The dispute is between bridalwear designer Hayley Paige Gutman and JLM Couture, a bridalwear company. Gutman opened both accounts after she entered into the employment contract with JLM. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.”

Social Media 101

Social Media Ownership Branding Brands 101

The IPKat

JULY 7, 2023

The speakers considered technological standards, IP and licences, especially by analysing who are the participants in interoperability, how contracts with the Metaverse operators work and which rights are provided to the users. The following panel analysed generative AI. The Metaverse can provide for different types of innovation and visions.

Reporting 85

Reporting Music IP Intellectual Property 85

Technology & Marketing Law Blog

AUGUST 29, 2022

We are still developing our travel plans (not as much fun in the COVID era), but we will definitely take advantage of our freedom!]. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). I posted a chapter from the book: Online Contracts. Books and Academic Articles. Comments on AB2408).

Editing 91

Editing Social Media Blogging Advertising 91

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had. Christou v.

Social Media 82

Social Media Contracts Ownership Business 82

LexBlog IP

DECEMBER 20, 2023

The overarching goals are to stimulate a competitive data market, by allowing greater access to data and removing barriers to changing data service providers. “Customers” here includes both individual consumers and corporate entities who have entered into a contract for data processing services.

Contracts 52

Contracts Business Law Journalism 52

Intepat

JUNE 13, 2024

Introduction Design piracy, particularly in the context of registered designs, poses significant challenges in today’s industrial landscape. According to the Indian Design Act of 2000, only those designs that are functional or used as artistic or property marks are not eligible for protection.

Designs 52

Designs Design Branding Brands 52

Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

Definition of MSME The MSME Development Act, established in 2006, witnessed a significant overhaul in its definition within the Atmanirbhar Bharat package on May 13, 2020. ZED Certification Scheme availability, signifying quality adherence and enhancing market credibility.

Settlement 52

Settlement Intellectual Property Registration Designs 52

Kluwer Copyright Blog

DECEMBER 1, 2021

That call concerned patents, copyright and related rights, designs, trade marks and trade secrets. The Copyright, Designs and Patents Act 1988 defines a computer-generated work as a work generated by computer in circumstances such that there is no human author of the work. Option 1: expanding the definition of “inventor”.

IP 64

IP Inventor Invention Intellectual Property 64

LexBlog IP

AUGUST 14, 2023

The CTA exempts twenty-three (23) categories of entities from the definition of “reporting company” and empowers FinCEN to create new exemptions. Exempted entities include the following, which each have detailed definitions: Large operating companies — companies with 20 or more full-time U.S. Are There Any Exemptions?

Business 52

Business Ownership Reporting Registration 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

But the list of territorial and customer restrictions is now more clearly structured and there is greater protection for exclusive and selective distributors and more flexibility in the design of distribution models. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

SpicyIP

MAY 18, 2022

The definition of these terms is unclear. For example, foreign direct investment related rules use this term in the definition of ‘ E-commerce’ – buying and selling of goods and services including digital products over digital & electronic network.

Non-Fungible Tokens 108

Non-Fungible Tokens Trademark Artwork Art 108

43(B)log

JULY 20, 2022

They then agreed that Chiusa would create and operate a website, colorcopper.com, marketing and distributing Stubenrauch’s copper sheets “to a new industry for copper countertops, bar tops and kitchen backsplash.” The parties worked together to launch a website selling Stubenrauch’s copper lampshades and mirrors.

False Advertising 72

False Advertising Ownership Registration Designs 72

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

It claims to focus on “counterfeits” that could harm consumer “health and safety,” but those are both lies designed to make the bill seem narrower and more balanced than it actually is. If the latter, then the definition will pick up smallish online retailers that have small marketplace components.

Trademark 138

Trademark False Advertising Advertising Advertising 138

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. Definitely don’t try to replicate Disney’s narrow escape if you can avoid it! But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this.

Contracts 74

Contracts Law Reporting Blogging 74

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment. First Amendment.

Licensing 91

Licensing Copyright Contracts Advertising 91

Technology & Marketing Law Blog

JULY 25, 2023

Unlike other print-on-demand vendors, Redbubble outsources everything but the marketing and payment processing functions. Third-party user-merchants upload the images; third-party contract manufacturers and other vendors make and ship the ordered items. RedBubble appeared first on Technology & Marketing Law Blog.

Trademark 79

Trademark Law Publishing Copyright 79

Herbert Smith Freehills

JULY 6, 2022

This poses fundamental questions for legal systems designed for conventional businesses with connections to physical locations. The arbitrator determined Mr S met the definition of a consumer. Despite acknowledging its business had global reach, Nifty also alleged it did not direct any marketing activity toward the UK.

Artwork 52

Artwork Non-Fungible Tokens Business Contracts 52

43(B)log

MAY 2, 2023

The parties compete in the market for probiotics. To the extent HPP is marketed as a medical food and deemed a medical food, it is required to be consumed under the supervision of a physician.” Visbiome “is one of the most extensively studied probiotics on the market, having been the subject of more than 70 human clinical trials.”

False Advertising 59

False Advertising Advertising Advertising Marketing 59

LexBlog IP

APRIL 13, 2023

Further, a comprehensive framework for crypto already existed in the Abu Dhabi Global Market, regulated by the Financial Services Regulatory Authority. The designated authority for regulation of virtual assets in UAE, as indicated above, is the Securities and Commodities Authority (SCA).

Licensing 40

Licensing Law Government Designs 40

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 72

Social Media Publishing Designs Design 72

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

The authors also look to lawmakers at the federal and state levels, who considered a variety of legislative proposals relating to biologics and biosimilars designed to improve patient access, encourage commercialization, and reduce costs. Biosimilar Regulatory Updates. BI pointed to Humira (adalimumab) as an example.

Settlement 40

Settlement Licensing Designs Design 40

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. Nosal II , 930 F.Supp.2d –RyanAir v.

Blogging 89

Blogging Cease and Desist Business Litigation 89

The TTABlog

APRIL 6, 2022

GKS and Opposer cannot contract around the legal principle that a licensor’s use does not inure to the benefit of the licensee. Although the claims were not pled with the requisite particularity, ADOL did not move to dismiss the claims nor seek a more definite statement. ADOL owns a U.S.

Ownership 52

Ownership Registration Trademark Contracts 52

Trading Secrets

DECEMBER 21, 2021

At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees. Academic panels evaluated the effects of non-compete clauses on labor market participants and their efficiency rationales.

Confidentiality 69

Confidentiality Law Contracts Business 69

43(B)log

MAY 12, 2022

The UCL’s “ ‘purpose is to protect both consumers and competitors by promoting fair competition in commercial markets for goods and services.’ ” Abbott Laboratories v. The UCL, like the FAL, “is broad and sweeping to protect both consumers and competitors by promoting fair competition in commercial markets for goods and services.”

False Advertising 59

False Advertising Advertising Advertising Business 59

Technology & Marketing Law Blog

JUNE 27, 2022

Today’s example is AB 2273, the Age-Appropriate Design Code Act (AADC), Before we get overwhelmed by the bill’s details, I’ll highlight three crucial concerns: First, the bill pretextually claims to protect children, but it will change the Internet for EVERYONE. Age-Appropriate Design Code. What’s Required.

Privacy 140

Privacy Designs Design Business 140

LexBlog IP

DECEMBER 21, 2021

At the workshop, legal scholars, economists, and policy experts reviewed the current state of the law and economic literature on non-compete clauses in contracts between employers and employees. Academic panels evaluated the effects of non-compete clauses on labor market participants and their efficiency rationales.

Confidentiality 52

Confidentiality Law Contracts Business 52

43(B)log

JUNE 16, 2022

“After learning that Omaze retained up to 85% of the donated funds, Plaintiffs filed this suit alleging that Omaze’s marketing is deceptive and violates California law.” It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. Omaze now buys its own swag for contests.

False Advertising 59

False Advertising Advertising Advertising Designs 59

Technology & Marketing Law Blog

JANUARY 10, 2024

Obviously, these definitions reach most user-generated content (UGC) services, not just “social media” in the classic sense. The reality is that most websites are likely to have some 15-year-old users, even if the site isn’t designed to appeal to that audience. ” It’s not a close call in my mind.

Social Media 86

Social Media Law Contracts Designs 86

Trading Secrets

JUNE 3, 2022

2021), the defendant argued that the alleged trade secret—the exact dimensions of a patented spinal implant device for treating degenerative disc disease—was disclosed in a patent and marketing. 16, 2021), the plaintiff alleged that the defendant used the plaintiff’s manufacturer drawings to unfairly compete in the airplane parts market.

Law 59

Law Confidentiality Designs Design 59

Plagiarism Today

AUGUST 23, 2022

In that regard, The Galaxy study mirrors one by Cornell University and the Initiative for CryptoCurrencies and Contracts that was published in January. However, NFTs were never designed for this purpose. This is especially true now that the NFT market has shrunk so profoundly. But that shouldn’t be a big deal.

Copyright 245

Copyright Ownership Intellectual Property Technology 245

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. Market uptake of biosimilars has generally trended upwards in 2020.

Litigation 52

Litigation Settlement Marketing Marketing 52

Kluwer Copyright Blog

SEPTEMBER 28, 2022

The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data Act present excellent opportunities to expand on the novel phenomenon. Starting from those technical definitions, the notion of portability made its way into the 2016 General Data Protection Regulation (GDPR).

IP 92

IP Contracts Social Media Copying 92

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

Art 52

Art Marketing Marketing Due Diligence 52

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. Sometimes marketing departments and independent divisions spin out valuable intellectual property assets that, for one reason or another, never made it past the desk of general counsel or a responsible executive.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. She argues that the law should broaden the definition of serious comparative advertisement (where the owner of the mark advertises his product reference to his competitor’s product based on scientific study) by allowing multiple comparisons. Thematic Highlights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105