Technology & Marketing Law Blog

JULY 2, 2023

The court summarizes: Mr. Mickleborough had a contract drafted for Achter to sell SWT 86 metric tonnes of flax to SWT at a price of $17.00 Mr. Mickleborough applied his ink signature to the contract, then took a photo of the contract using his cell phone. per bushel (which amounts to $669.26

Contracts 138

Contracts Blogging Technology Law 138

Technology & Marketing Law Blog

MARCH 14, 2024

In so doing, they reversed the district court that had previously held that cellular device users’ data allowances under their contracts with cellular service providers did not constitute “property” subject to conversion. As such, to the extent that there is a grievance here, it should be based in contract, not in property.

Blogging 88

Blogging Contracts Law Advertising 88

Technology & Marketing Law Blog

FEBRUARY 9, 2022

regulated and domiciled checking, savings, money market, brokerage, or credit card Account of [the customer] held directly or indirectly by a Financial Institution and established primarily for personal, family or household purposes. New York law recognizes unjust enrichment despite the existence of a contract in “unusual” circumstances.

Contracts 106

Contracts Government Marketing Marketing 106

The IP Law Blog

MAY 27, 2021

In 2013, Constellation acquired perpetual, irrevocable, and exclusive license rights in the Corona marks, which gave Constellation the right to sell products under the Corona trademark. Constellation disagrees with Modelo’s position that hard seltzers are not allowed under its license. Modelo sued Constellation in the U.S.

Licensing 103

Licensing Branding Brands Branding 103

The IP Law Blog

MAY 4, 2023

Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. In 2010, Epic agreed with Apple to a Developer Program Licensing Agreement (DPLA) that was standard for developers to distribute apps to iOS users.

Marketing 98

Marketing Marketing Privacy Contracts 98

Technology & Marketing Law Blog

APRIL 6, 2022

The “Platform Policy” appears to grant a broad license to users of the API. While the definition of “Platform” includes “content,” it doesn’t appear to contain “User Content.”. The court flags that the parties did not submit any new evidence on the issue of whether Instagram intended a license. For example. Breitbart News.

Licensing 116

Licensing Fair Use Blogging Copyright 116

Technology & Marketing Law Blog

AUGUST 12, 2021

Finally, the court says there is a real possibility of market harm to Nicklen’s work: However, the Sinclair Defendants’ use of the copyrighted video, if widespread, would harm the licensing market for Nicklen’s video. The third factor cuts against fair use since the entirety of the video was used. Breitbart News.

Social Media 140

Social Media Copyright Fair Use Licensing 140

Technology & Marketing Law Blog

FEBRUARY 14, 2024

The Florida legislature (bless their hearts) amended the statute in 2023 (after Lindsey’s rental) to broaden the definition of a livery. Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S.

Contracts 74

Contracts Advertising Advertising Privacy 74

Technology & Marketing Law Blog

JULY 14, 2022

NB: there always should be someone at the company who can easily answer just how many times the TOS has been amended and provide definitive copies of each amendment and the date they occurred. That would be a legal fiction, but most online contract formation law is predicated on similar fictions). Sony Network Entertainment. *

Contracts 110

Contracts Blogging Business Law 110

LexBlog IP

MAY 4, 2023

” Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. In 2010, Epic agreed with Apple to a Developer Program Licensing Agreement (DPLA) that was standard for developers to distribute apps to iOS users.

Marketing 52

Marketing Marketing Privacy Contracts 52

Kashishipr

APRIL 20, 2022

In simple terms, trade secrets are Intellectual Property Rights (IPRs) granted on confidential or sensitive info, which may be licensed or sold. and commercial info, including the list of clients and suppliers, distribution methods, marketing strategies, etc.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 98

Contracts Registration Designs Design 98

IP and Legal Filings

NOVEMBER 23, 2023

iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit. Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999.

Intellectual Property 100

Intellectual Property Privacy Branding Brands 100

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 90

Licensing Copyright Contracts Advertising 90

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. Attorney General.

Editing 90

Editing Social Media Blogging Advertising 90

Technology & Marketing Law Blog

AUGUST 21, 2023

As the Newman court summarized, “this case has shed its intentional discrimination and constitutional claims, becoming—first and foremost—a breach of contract dispute.” Google appeared first on Technology & Marketing Law Blog. In both cases, the high-concept and splashy constitutional issues fizzled out long ago.

Contracts 86

Contracts Social Media Blogging Law 86

Velocity of Content

MARCH 16, 2023

Real market harm Filed January 13, this class action pits illustrators against generative AI companies who, according to the Complaint, used images without permission as training data and allowed people to create works in their “style” without compensation. 3:22-cv-06823 – Whither transformative? is being used as code. v Stability A.I.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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 84

Reporting Music IP Intellectual Property 84

LexBlog IP

NOVEMBER 28, 2023

So ubiquitous are they in cultural parlance that a definition for them is barely necessary here. All meme-like images in this article are properly licensed. What has been the market-effect on the underlying work? Often, memes transform and grow as viewers and sharers add new, individualized glosses to the underlying media.

Fair Use 52

Fair Use Intellectual Property Settlement Business 52

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. He will also be required to obtain all permits from the relevant authority before commencing license procedure. Are there any penalties under the Decision?

Licensing 40

Licensing Law Government Designs 40

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.

Social Media 81

Social Media Contracts Ownership Business 81

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

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

Bumble made a series of miscues, including several problems with the email notice and the lack of a definitive screenshot of its blocker card. Bumble appeared first on Technology & Marketing Law Blog. ” Implications. In light of that, Bumble snatched victory from the jaws of defeat here. What went right? Bumble, Inc.

False Advertising 127

False Advertising Marketing Marketing Advertising 127

43(B)log

FEBRUARY 3, 2023

Hughes: it was the Fairness in Music Licensing Act, not the DMCA, which was intertwined. They definitely donated to many committee members but not unusually so. Part of larger pattern of “shotgun damages,” working definition: damages characterized by inflationary demands for multiplied awards; coercion; scattershot approach.

Copyright 57

Copyright Copying Music Fair Use 57

Kluwer Copyright Blog

DECEMBER 1, 2021

The main policy objective behind the consultation is “ to incentivise investment in AI development and to promote the use of AI for public benefit, whilst enabling competitive markets, consumer choice and fair access to IP-protected goods for the benefit of society ”. Option 1: expanding the definition of “inventor”.

IP 67

IP Inventor Invention Intellectual Property 67

LexBlog IP

JANUARY 7, 2022

While the definition of a personal data breach varies jurisdiction to jurisdiction, a personal data breach is commonly defined as a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed by a company.

Privacy 52

Privacy Intellectual Property Contracts Business 52

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 73

Contracts Law Reporting Blogging 73

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Already, FDA has licensed almost 30 biosimilars, nearly 20 of which are available to patients in the United States. While 2020 saw a slowdown in FDA approvals and biosimilar product launches from previous years, market uptake of biosimilars increased—and more biosimilars are sure to come.

Settlement 40

Settlement Licensing Designs Design 40

The TTABlog

APRIL 6, 2022

As in Moreno , the agreement the written agreement between Illyrian and GKS did not give Illyrian any ownership interest in the marks, but only a license permitting it to use the marks as the distributor of the brandy. Conmar Form Sys., 1 USPQ2d 1139, 1142 (TTAB 1986). ADOL owns a U.S.

Ownership 52

Ownership Registration Trademark Contracts 52

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. Booking (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Ryanair has a long history of litigating against OTAs in Europe and the United States.

Blogging 88

Blogging Cease and Desist Business Litigation 88

Technology & Marketing Law Blog

JUNE 10, 2024

[Note: The majority opinion doesn’t expressly reference Uber’s post-Kauders vulnerability, but the dissent says: “It is undisputed that as a consequence of Kauders, no enforceable contract existed between Good and Uber before the evening of April 25, 2021.” ” The TOS links were clear, in blue, and underlined.

Contracts 77

Contracts Marketing Marketing Blogging 77

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * Moreover, the May complaint plausibly alleges that Defendants meet the definition of “businesses” under the CCPA. The post 2H 2022 Quick Links, Part 1 (Marketing, Privacy) appeared first on Technology & Marketing Law Blog. FTC cracks down on live reads on the radio. * Comptroller , No. dotStrategy Co v.

Privacy 100

Privacy Marketing Marketing Social Media 100

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

The 2018 Farm Bill removed hemp from the definition of “marijuana” in the Controlled Substances Act. The 2018 Farm Bill led to widespread availability of products containing CBD, which are commonly marketed as dietary supplements, drugs, food, and cosmetics. THC from Schedule I. THC from Schedule I.

IP 52

IP Registration Trademark Branding 52

Kluwer Copyright Blog

APRIL 14, 2022

15 of the Directive on Copyright in the Digital Single Market (CDSM), the EU legislator wanted to aid press publishers in licensing and enforcing their rights in press publications. Platforms are also under the obligation to contract with the press publishers requesting so and pay them a fair remuneration. Introduction.

Publishing 81

Publishing Contracts Social Media Art 81

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

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. For the first time since FDA licensed the first biosimilar, Sandoz’s Zarxio ® (filgrastim-sndz), in 2015, the United States saw a decrease in annual biosimilar approvals in 2020.

Litigation 52

Litigation Settlement Marketing Marketing 52

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. But I think this might have more to do with the way the lawyers pleaded this issue rather than the quality of the potential breach of contract claim here.

Blogging 128

Blogging Licensing Privacy Copyright Notice 128

Kluwer Copyright Blog

AUGUST 22, 2023

contracts) may play a decisive role in the final allocation of rights and obligations. Globally, the scope of what is encompassed under TDM techniques may vary according to domestic legal definitions. There also seems to be a lack of clarity about which uses are allowed under the licenses. Springer, SAGE, Wiley and Elsevier).

Publishing 98

Publishing Art Licensing Copying 98