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. This is especially true now that the NFT market has shrunk so profoundly. This may explain why most NFT projects aren’t even attempting to spell out those rights.

Copyright 279

Copyright Ownership Intellectual Property Technology 279

Technology & Marketing Law Blog

FEBRUARY 15, 2025

Copyrightability The case sets up one of the longstanding open questions in copyright law: when are form contracts copyrightable, and when is sharing them infringing? ” Due to that concession, questions about the copyrightability of form contracts will continue to fester. As such, defendant made the Forms available.”

Contracts 52

Contracts Copyright Licensing Copyright Notice 52

Technology & Marketing Law Blog

SEPTEMBER 30, 2024

The court characterizes the formation process as a “clickwrap,” which the court says usually create binding contracts. This court responds that Kauders “did not conclude that an online-service contract could never notify a customer of an arbitration provision. That’s the case here.

Contracts 98

Contracts Blogging Registration Law 98

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 125

Contracts Registration Designs Design 125

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 98

Blogging Contracts Law Advertising 98

IIPRD

AUGUST 29, 2024

Hence, commercialization occurs by distributing contracts among the authors and directors/publishers to distribute their works. Like any contract, a broadcasting agreement is entered between the concerned parties ascertaining their rights and obligations with respect to their content as a document enforceable in the eyes of law.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Contracts Law 52

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . The Rift Over Web3. What is web3, anyway?

Ownership 122

Ownership IP Non-Fungible Tokens Technology 122

Kluwer Copyright Blog

JANUARY 31, 2022

Garrix had entered into a record production contract with the label at a very young age. Having become a successful DJ and finding the terms of the contract unfair, Garrix sought annulment for a variety of legal reasons. According to the Dutch Supreme Court, the act of manufacturing (fixation) is essential to this definition.

Music 116

Music Editing Contracts Intellectual Property Law 116

The IP Law Blog

MAY 27, 2021

District Court for the Southern District of New York over the use of the Corona trademark for Corona Hard Seltzer and for breach of contract, alleging that Constellation only has the right to sell beer products, not hard seltzer, under the Corona brand. Modelo sued Constellation in the U.S.

Licensing 103

Licensing Brands Branding Branding 103

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

Traverse Legal Blog

APRIL 17, 2021

Be an NFT expert if you want to take advantage of this emerging market. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungible token standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

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. The Ninth Circuit began analyzing the Section 1 claim by focusing on the proper definition of the market.

Marketing 98

Marketing Marketing Privacy Contracts 98

Kashishipr

APRIL 20, 2022

” After going through all the definitions mentioned above, we can say a trade secret refers to any piece of info or data relating to a brand or business that is generally not known to the public at large and for which its owner puts in a sincere effort to maintain its confidentiality.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

Technology & Marketing Law Blog

APRIL 6, 2022

While the definition of “Platform” includes “content,” it doesn’t appear to contain “User Content.”. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Newsweek appeared first on Technology & Marketing Law Blog. Breitbart News. United Sports.

Licensing 133

Licensing Fair Use Blogging Copyright 133

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. more images from the complaint Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of Roblox's own TOS.

Copying 94

Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

AUGUST 5, 2022

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.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 119

Social Media Ownership Business Brands 119

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 98

Contracts Advertising Advertising Privacy 98

Traverse Legal Blog

NOVEMBER 25, 2024

Even in situations where a business owner contracts a third-party web designer to build their website, both the business and the web designer can be held liable for copyrights violated if they are used on your website. the effect of the use upon the potential market. the purpose and character of your use.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

Technology & Marketing Law Blog

JANUARY 12, 2024

Once we qualify the copies as “electronic,” it becomes unmistakable that this case deals with intangible items, not traditional “chattel” that are, by definition, tangible items. ” Implied-in-Law Contract/Unjust Enrichment The court says that these state law claims are preempted by copyright law. .”

Copying 98

Copying Ownership Derivative Work Contracts 98

Copyright Lately

NOVEMBER 21, 2021

But the less-shiny reality is that this is primarily a contract dispute—a fight about whether the publication rights Quentin Tarantino reserved in his agreement with Miramax include the right to sell digital screenplay scans. Below is a copy of Miramax’s complaint against Tarantino (along with a full copy of his contract).

Copying 128

Copying Non-Fungible Tokens Contracts Copyright 128

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

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage. about your goods, products or services”).

Advertising 64

Advertising Advertising Settlement Contracts 64

LexBlog IP

APRIL 1, 2022

Although NFTs have existed since around 2014, the NFT market exploded last year, generating an estimated $25 billion in sales in 2021 alone. [1] The most important definition of a security appears in the Securities Act of 1933 (the “Securities Act”). [5] 5] That definition is expansive. Howey Co. ,

Non-Fungible Tokens 52

Non-Fungible Tokens Law Contracts Artwork 52

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 98

Social Media Contracts Ownership Business 98

Technology & Marketing Law Blog

JANUARY 18, 2025

I thought the legality of embedding was definitively resolved when the Ninth Circuit reaffirmed the “server test” in the Hunley v. The post Copyright Owners Are Still Suing Over Embedding appeared first on Technology & Marketing Law Blog. Instagram case (note: the 9th Circuit has reaffirmed Hunley twice).

Copyright 96

Copyright Social Media Licensing Fair Use 96

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

Marketing 52

Marketing Marketing Confidentiality Social Media 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 141

False Advertising Marketing Marketing Advertising 141

43(B)log

JANUARY 3, 2023

Thus, most of the claims survived Target’s motion to dismiss (though unjust enrichment/quasi-contract was duplicative). Allegations: Defendants market a dietary supplement product labeled “100% Wild Alaskan 1000 mg Fish Oil” whose label asserts that it “Contains Fish: Alaskan Walleye Pollock.”

Contracts 108

Contracts Marketing Marketing Law 108

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.

Social Media 98

Social Media Editing Blogging Advertising 98

Technology & Marketing Law Blog

AUGUST 2, 2024

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, or so their thinking goes. Here, there was no loss that meets that definition. Obviously, there is a direct conflict here. But it’s a business model-driven conflict.

Blogging 98

Blogging Technology Business Litigation 98

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 98

Contracts Social Media Blogging Law 98

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 105

Licensing Copyright Contracts Advertising 105

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

.” Clearly, the second part of that definition targets Amazon and other major marketplaces, such as eBay, Walmart Marketplace, and Etsy. The first part of the definition includes services with “publicly interactive features that allow for arranging the sale or purchase of goods.”

Trademark 144

Trademark False Advertising Advertising Advertising 144

Technology & Marketing Law Blog

DECEMBER 15, 2024

Consistent with this principle, courts have examined whether the offeree of a web-based contract was put on inquiry notice of the contractual terms. The existence of such notice must be evaluated objectively, in line with our focus on the objective manifestations of the intent of the parties as gathered by their expressed words and deeds.”

Contracts 52

Contracts Blogging Technology Law 52

Technology & Marketing Law Blog

DECEMBER 2, 2023

Noshirvan’s videos forced Garramone to terminate contracts with surgeons who worried about reputational harm. As you may recall, a South Korean woman didn’t pick up her dog poop on a public train–definitely a social faux pas, and perhaps a crime. Noshirvan appeared first on Technology & Marketing Law Blog.

Editing 96

Editing Publishing Reporting Contracts 96

IP and Legal Filings

AUGUST 25, 2023

These enterprises are not free from such duties simply because they are new to the market. DEFINITION OF START UP A notification released by the Department for Promotion of Industry and Internal Trade of Ministry of Commerce and Industry; an entity shall be considered as a Startup if it satisfies all the following conditions: “ ….

Law 97

Law Contracts Business Government 97

43(B)log

JUNE 15, 2022

19, 2022) The parties compete in the market for energy drinks. VPX (Vital) makes BANG, which now contains creatyl-l-leucine (CLL), “a novel ingredient marketed under the trademark ‘Super Creatine.’ … Defendants claim that CLL is more stable and more bioavailable than other forms of creatine.” Vital Pharmaceuticals, Inc.,

False Advertising 59

False Advertising Advertising Advertising Contracts 59