Traverse Legal Blog

APRIL 6, 2022

” F1 Delta Time lost its trademark license to use F1 / Formula One as part of the F1 Delta Time game. The brand licensing deal apparently had a ‘term’ that expired. F1 did not renew the license. Did the initial NFT buyers even know their NFT license was subject to an upstream license that might expire?

Licensing 98

Licensing Trademark Contracts Branding 98

Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

Contracts 76

Contracts Privacy Registration Government 76

Technology & Marketing Law Blog

APRIL 16, 2022

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. These basic principles “apply with equal force to contracts formed online.” Forming online contracts is not rocket science. Freedom Financial Network, LLC.

Contracts 111

Contracts Designs Design Law 111

LexBlog IP

SEPTEMBER 7, 2023

a former University of Florida Gator and current Chicago Bear, filed a lawsuit aimed at invalidating an NIL contract that he signed during his junior year at the University of Florida. ” The initial term commenced upon contract signing and concluded with Dexter’s ineligibility under NCAA rules.

Contracts 52

Contracts Law Business Licensing 52

Traverse Legal Blog

JANUARY 29, 2022

One of the big problems with the NFT marketplace, where NFTs are both sold and purchased, is that the platform doesn’t provide any licensing language for the digital asset that the owner attaches to the NFT. “These platforms are not providing any license language for the actual asset attached to the NFT.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

Technology & Marketing Law Blog

JULY 16, 2021

Society has little interest in protecting such conduct under the mantle of the First Amendment… The Guide does include what appears to be fully protected speech: It has an “informational” part that describes the benefits and science of nutritional supplements. On the contrary, they seem easily separable. Jackson v. . DoorDash, Inc.,

Advertising 109

Advertising Advertising Contracts Social Media 109

Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 127

Blogging Contracts Fair Use Copyright Law 127

IP and Legal Filings

JULY 16, 2024

There is no definite definition of trade secrets, it includes extensive range of information of commercial and technical nature. According to the World Intellectual Property Organization (WIPO) , “trade secrets are intellectual property rights on confidential information which may be sold or licensed.”

Confidentiality 71

Confidentiality Contracts Intellectual Property Business 71

Traverse Legal Blog

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

Art Law Journal

NOVEMBER 1, 2021

What questions should you be asking in contract negotiation, and what provisions should you be reviewing? Not every item must be in the contract, but it will be too late to add anything to make the loss as comprehensive as possible once you sign. Is the contract for my whole series or just specific pieces? Making Your Checklist.

Contracts 52

Contracts Art Artwork Law 52

Technology & Marketing Law Blog

OCTOBER 31, 2021

The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. If the buyers went to Walmart.com after they made the purchase, then the terms seek to amend an existing contract formed at the time of purchase. (I’ve This case involves Walmart gift cards.

Contracts 113

Contracts Litigation Blogging Law 113

JD Supra Law

DECEMBER 11, 2023

Informed by our team’s talent-side and tech-side experiences, we’ll navigate: - Likeness License Toolkit: What platforms and talent need for a successful partnership, from IP rights and content details to concerns like permissions and existing contracts. By: Greenberg Glusker LLP

Contracts 66

Contracts Licensing Marketing Marketing 66

Kluwer Copyright Blog

APRIL 15, 2024

3) What is the effect of open source licenses on the AI model that uses only some open source components? (4) There are many AI models that claim to be open source – just as there are multiple forms of open source licenses , from permissive licenses (e.g. MIT License or Apache License ) to less permissive licenses (e.g.

Licensing 102

Licensing Social Media Contracts Privacy 102

Technology & Marketing Law Blog

AUGUST 31, 2023

. “Plaintiff seeks to hold Twitter liable for decisions regarding “information provided by another information content provider”—that is, information he and the third-party user, rather than Twitter, provided.” Contract Breach. ” Cite to Kimzey. ” Cite to King v. . ” Cite to King v.

Contracts 108

Contracts Social Media Blogging Publishing 108

Technology & Marketing Law Blog

JULY 9, 2024

The Ninth Circuit easily dismisses most of it in a breezy memorandum opinion, but the contract claim gets revived for a little longer. In a mild surprise, the panel revives her breach of contract claim. This resurrects Lloyd’s breach of contract claim, but only temporarily. My prior blog post. Case Citation : Lloyd v.

Contracts 72

Contracts Privacy Blogging Publishing 72

LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

TorrentFreak

MAY 11, 2023

was banned and then signed up for a new account, he agreed to Bungie’s Limited Software License Agreement with no intent to comply with it; fraud according to Bungie. Regarding violations of the LSLA, the court was informed that as a minor, L.L. As it happened, he had already declared all contracts with Bungie null and void.

Derivative Work 124

Derivative Work Contracts Copyright Infringement Licensing 124

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. licenses for specific uses).

Copyright 118

Copyright Art Licensing Contracts 118

Technology & Marketing Law Blog

JUNE 4, 2024

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A Rather than engaging this contract law issue directly, the court rules for YouTube on Section 230 grounds: Lady Freethinker’s claims ultimately seek to treat Google as the publisher or speaker of content provided by another information content provider.

Contracts 77

Contracts Designs Design False Advertising 77

SpicyIP

JUNE 28, 2023

Simply put “march-in” rights would allow the government to take control of the IP rights of inventions owned by private companies if those inventions have been funded by public money through grants from the government or through licensing agreements with government R&D institutions. Who owns IP resulting from these agreements?

Government 98

Government Invention Contracts Intellectual Property 98

Plagiarism Today

JUNE 28, 2022

This prompted Walkie Check to sue for breach of an implied contract, unjust enrichment and copyright infringement. Visitors to these websites will now get a message from the Department of Justice indicating that the sites have been seized, and users will then be redirected to addition information.

Copyright Infringement 191

Copyright Infringement Television Plagiarism Copyright 191

LexBlog IP

MAY 4, 2022

It was formed following a state license, in order to collect, among other things, the equitable remuneration provided by article 49 of Law 2121/93 in favour of producers, performers, and musicians for the public performance of legitimately released sound carriers. The direct licensing of in-store music was not covered by the agreement.

Contracts 52

Contracts Music Related Rights Television 52

Plagiarism Today

JANUARY 24, 2022

According to American Airlines, this is a violation of their terms of service by encouraging users to hand over their login information to a third party. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Settlement 208

Settlement Copyright Notice Plagiarism Reporting 208

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

Patently-O

MARCH 7, 2022

The court dismissed the case, holding that “the law does not impose strict liability for harms arising out of the storage of personal information.” By that time, hackers had obtained personally identifiable information (PII) for the company’s 40,000 employees, and tens-of-thousands of former employees.

Privacy 116

Privacy Contracts Licensing Litigation 116

Technology & Marketing Law Blog

APRIL 8, 2023

In particular, face scanning seemingly directly conflict with biometric privacy laws, such as Illinois’ BIPA, which provide substantial restrictions on the collection, use, and retention of biometric information. Kuklinski was then prompted to take a photograph of his driver’s license or other state identification card.

Privacy 127

Privacy Law Contracts Designs 127

Kluwer Copyright Blog

JUNE 20, 2024

The right to object The user has the right to object to information shared being used to develop and improve AI technology. The user will be able also to submit requests in order to access, download, correct, delete, object or restrict any personal information from third parties being used to develop and improve AI at Meta.

Privacy 117

Privacy Copyright Technology Licensing 117

Patently-O

MAY 26, 2024

The agreement here also relates directly to the UN Convention on Biological Diversity (CBD), adopted in 1992, establishing that states have sovereign rights over their GR, and that access to GR should be subject to prior informed consent and equitable benefit-sharing.

Intellectual Property 62

Intellectual Property Invention Contracts Patent Application 62

The IPKat

OCTOBER 28, 2021

In this case, the nuance is expressed in the context of the balance between the ‘right of information’ of the participants to a public tender and the possible presence of ‘trade secrets’ in the bidding documentation. Based on this, the request for access to the documentation was denied by the contracting authority.

Contracts 92

Contracts Confidentiality Public Domain Licensing 92

Intellectual Property Law Blog

MARCH 13, 2024

Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions. We also recommend that issuers ensure that there is a valid contract by requiring some form of affirmative acceptance by the purchasers.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 87

Litigation Contracts Advertising Advertising 87

Traverse Legal Blog

MARCH 25, 2022

NFT Legal Tip #3: Your Token Contract is on The BLockchain Forever. There are two contracts with every NFT drop. The first is the token contract and it goes on the blockchain. NFT Legal Tip #4 – Draft Your Linked Digital Asset Contract Correctly. Additional NFT Resources, Templates, Forms, and Information.

Branding 126

Branding Brands Branding Contracts 126

Technology & Marketing Law Blog

AUGUST 24, 2023

And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content. Now, the primary vehicle to stop web scraping is with breach of contract claims. It’s user-generated content. In the end, it was a pyrrhic victory.

Blogging 97

Blogging Contracts Intellectual Property Social Media 97

The IPKat

JUNE 8, 2024

More information can be found here. They are particularly interested in applicants with expertise in Foundations of Tort, Law of Contract, Land Law, or Law of Trusts, and/or in the areas of corporate/commercial law, consumer and marketing law, mental health law, law and technology, or – last but not least – intellectual property.

Intellectual Property 67

Intellectual Property Intellectual Property Law Designs Design 67

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

Technology & Marketing Law Blog

JUNE 12, 2024

Its main substantive terms: (1) A contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services. (2) Civil Code 1670.8.

Law 63

Law Contracts Litigation Business 63