Technology & Marketing Law Blog

MARCH 10, 2022

Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. 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. See generally, Christopher A.

Social Media 82

Social Media Contracts Ownership Business 82

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. With all that, the first battle in this litigation will be the question of where to litigate it. Breach of Contract 2. Thus, the Points Guy.

Cease and Desist 122

Cease and Desist Blogging Contracts Social Media 122

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. Comments on CA AB 2273, The Age-Appropriate Design Code Act). Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition).

Editing 90

Editing Social Media Blogging Advertising 90

Technology & Marketing Law Blog

DECEMBER 7, 2022

” Prager, which makes misleading videos that appear designed to radicalize kids to the MAGA agenda, sued YouTube over its demonetization decisions, claiming that YouTube had engaged in biased content moderation. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 138

Contracts Publishing Law Government 138

43(B)log

FEBRUARY 3, 2024

Laura Heymann Thinking about how consumers view their interactions with companies both as a matter of branding and as a matter of contracts, specifically on social media. Consumer contract part: consumers don’t read most consumer contracts, which are contracts of adhesion. If only the tsar knew !

False Advertising 49

False Advertising Contracts Branding Brands 49

Technology & Marketing Law Blog

DECEMBER 15, 2021

To my knowledge, the only litigated case that resulted in a 512(f) win was Online Policy Group v. The precedent work is “a set of replacement stickers for the dashboard climate controls for certain GM vehicles”: The Copyright Office registered this design. Diebold from 2004, which led to a $125k damages award.

Registration 113

Registration Fair Use Copyright Designs 113

43(B)log

FEBRUARY 3, 2022

Rolling Stone litigation, though the facts are more internet-oriented. Yet plaintiffs are suing Vogue , because Vogue has an agreement with the website Moda Operandi to link from Vogue to Moda if anyone wants to purchase the designer clothes featured in Vogue online stories. In one way, it's a replay of the Stewart v.

Advertising 64

Advertising Advertising Designs Design 64

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

Social Media 100

Social Media Law Blogging Publishing 100

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

JIPEL Copyright Blog

MARCH 9, 2022

The museum industry, it would seem, is taking note of technology’s growing role in its operations, particularly in regards to visitor engagement and staying relevant in a social media-driven society where declining visitation rates have only been exacerbated by the ongoing pandemic.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

Technology & Marketing Law Blog

OCTOBER 28, 2022

Ryanair has a long history of litigating against OTAs in Europe and the United States. It has previously litigated against OTAs in Spain, France, Ireland, and Switzerland, with mixed results. It previously litigated against Expedia in Washington. That’s not what the statute is designed to prevent. –RyanAir v.

Blogging 89

Blogging Cease and Desist Business Litigation 89

43(B)log

OCTOBER 8, 2021

K&K claimed rights relating to Evel Knievel, including trademarks, copyrights for audio/visual works, right to publicity, existing licenses, contracts, and common law rights. As for the toys, the court predicted that Nevada would imitate California, as it has done in similar situations before, and adopt a transformative use defense.

Advertising 59

Advertising Advertising Social Media Licensing 59

Copyright Lately

JULY 17, 2022

According to Tammy’s complaint, her grandfather set up a number of trusts which were “specifically designed in more than 15 years of estate planning legal advice with competent estate planning counsel” to hold Jay songwriter’s royalties and “to assure his daughter and granddaughter received their respective shares.”

Copyright 59

Copyright Music Social Media Publishing 59

Trading Secrets

MARCH 22, 2022

But for famed wedding dress designer, Hayley Paige Gutman, she certainly is ruing the Second Circuit’s recent decision to revive its 1999 holding of Ticor Title Ins. But the real question to me as a litigator is whether this doctrine should become part of the tool bag going forward. Cohen , 173 F.3d 3d 63 (2d Cir. In JLM Couture, Inc.

Social Media 59

Social Media Contracts Confidentiality Business 59

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. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Desire to contract: contracts clearly define scope of rights.

Fair Use 59

Fair Use Contracts Litigation Copying 59

Technology & Marketing Law Blog

MARCH 28, 2023

After two trips to the 9th Circuit, a remand from the Supreme Court, and nearly six years of motions and posturing, the outcome of the litigation was a permanent injunction against hiQ, a win for LinkedIn, and insolvency for scraper hiQ Labs. That said, few scraping-related cases pursue these issues past the first few stages of litigation.

Blogging 107

Blogging Cease and Desist Contracts Marketing 107

43(B)log

APRIL 7, 2023

Special rules for hosting providers, including online platforms; online platforms, including distance contracts, and very large online platforms and very large online search engines. YouTube is an OCSSP, but other than that much is unclear—are all different types of social media OCSSPs? What does it mean for design of rules?

Copyright Law 40

Copyright Law Law Copyright Art 40

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Technology & Marketing Law Blog

AUGUST 7, 2023

Meanwhile, product design is the real Section 230 battlefront today, and the Lemmon case is the flagship case for that line of litigation. Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. The chapter makes a nice module to add discussion about online contracts to another course. Contracts Meyer v.

Editing 52

Editing Law Contracts Privacy 52

IP and Legal Filings

FEBRUARY 7, 2023

The platform integrates platforms, digital accelerators, domain and design skills, and solid partnerships in a “rich creator-partner economy.” The general public could view the collection’s three-dimensional designs by scanning a QR code. It ought to function similarly to how online contracts are upheld.

Trademark 86

Trademark Non-Fungible Tokens Branding Brands 86

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 137

IP Intellectual Property Copyright Trademark 137

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 113

IP Copyright Trademark Intellectual Property 113

Technology & Marketing Law Blog

JANUARY 28, 2022

This is a lawsuit between a wedding gown company, JLM, and Hayley Paige Gutman, a designer/influencer who worked for JLM. For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”.

Social Media 91

Social Media Ownership Contracts Privacy 91

43(B)log

AUGUST 9, 2021

On social media: "Were U planning on telling UR customers" [to switch before they lose service]? for the losses caused by intentionally and wrongfully interfering with the Debtors’ customer contracts and good will. The court found that yes, Charter was in contempt of the automatic stay, and should be sanctioned $19,179,329.45

False Advertising 119

False Advertising Advertising Advertising Law 119

Copyright Lately

DECEMBER 12, 2022

Unlike chapter 7 liquidation proceedings, a case under chapter 11 is designed to allow a business to continue operating while the owner and its creditors reorganize the company’s debts. You can leave a comment below, or use @copyrightlately on whatever social media platform you’re using nowadays.

Copyright 103

Copyright Music Fair Use Social Media 103

43(B)log

FEBRUARY 3, 2023

Social media influencers seem reasonably held liable, but what about when the seller is texting friends. Interested in sellers’ understanding of the contracts. Said: note that MLM companies may also have IP troubles [Lularoe and leggings designs], which might also provide an interesting set of comparisons.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

43(B)log

AUGUST 3, 2023

Musicologists in litigation: (1) identify formal similarities—instrumentation, chord progression; (2) opine on how aesthetically similar/significant those similarities are; (3) opine about the rarity of similar features; (4) opine that copying did or didn’t occur. notes to create a specific type of scent.

Music 52

Music Art Copying Licensing 52

Technology & Marketing Law Blog

SEPTEMBER 21, 2021

Florida made a splash enacting its social media censorship bill SB 7072 , only to have a federal district court immediately enjoin it. the Texas legislature tried to one-up Florida with HB 20 , its own social media censorship bill. Undeterred by Florida’s futility (and perhaps envious of it?),

Social Media 144

Social Media Law Publishing Government 144

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Gallagher Data Breach Litigation , 631 F.Supp.3d Consumer Reviews * Route App, Inc. Heuberger , 2023 WL 5334192 (D. Are doctors still violating the Consumer Review Fairness Act to gag their patients?

Social Media 74

Social Media Privacy Advertising Advertising 74

Technology & Marketing Law Blog

JULY 31, 2022

Definition of “Hateful conduct” means “the use of a social media network to vilify, humiliate, or incite violence against a group or a class of persons on the basis of race, color, religion, ethnicity, national origin, disability, sex, sexual orientation, gender identity or gender expression.”

Social Media 111

Social Media Reporting Government Law 111