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. Fluent is a marketing company that generates leads. These basic principles “apply with equal force to contracts formed online.”

Contracts 111

Contracts Designs Design Law 111

IP and Legal Filings

OCTOBER 14, 2022

The COVID-19 pandemic has also acted as an impetus and accelerated the growth of the digital market. Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. Meaning Of An E-Contract. E-contract forms a significant part of E-commerce.

Contracts 52

Contracts Business Technology Law 52

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

The IPKat

APRIL 25, 2024

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

Contracts 73

Contracts Artistic Work Copyright Copyright Law 73

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.

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Contracts Privacy Blogging Publishing 72

IP Law 360

DECEMBER 4, 2023

Providers of information technology products and services are rushing to market with various generative artificial intelligence-based solutions and attempting to unilaterally amend existing agreements with their customers, but parties should beware that such amendments may be one-sided, say Jeffrey Harvey and Sharon Harrington at Hunton.

Contracts 52

Contracts Law Marketing Marketing 52

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.

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Blogging Contracts Fair Use Copyright Law 127

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.

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Contracts Litigation Blogging Law 113

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. Twitter appeared first on Technology & Marketing Law Blog.

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Contracts Social Media Blogging Publishing 108

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

IP and Legal Filings

APRIL 13, 2022

Extent of Undisclosed Information. The protection of undisclosed information is an important facet for pharmaceutical industries, R&D Institutions, and other agencies. Trade-Related Aspects of Intellectual Property Rights (TRIPS) does provide a provision for the protection of undisclosed information.

Confidentiality 52

Confidentiality Patent Intellectual Property Inventor 52

Technology & Marketing Law Blog

JUNE 4, 2024

Thus, Lady Freethinker sued YouTube for breach of contract and related claims. (A The underlying legal principles are not complicated: content rules in TOSes are negative behavioral restrictions on authors’ conduct, not marketing or contractual promises to readers that such content will never appear on the site.

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Contracts Designs Design False Advertising 77

Olartemoure Blog

JUNE 28, 2024

According to the document titled “Relationship in the Open Innovation Ecosystem in Colombia Landscape 2021-2023,” it is highlighted that Colombia surpassed Brazil in the total value of contracts in the third year of measurement, despite having a much shorter trajectory. For further information, consult the report here.

Intellectual Property 52

Intellectual Property Contracts Reporting Marketing 52

LexBlog IP

DECEMBER 2, 2021

Shi then left Elation to start a business marketing “similar, if not identical software” using replicated source code. A settlement agreement was reached where Elation could inspect the software developed by Shi and prevent the use of any trade secrets or confidential information. ’” (Quoting Sweet v.

Confidentiality 52

Confidentiality Settlement Publishing Contracts 52

IPilogue

JANUARY 9, 2023

I was seated with a digital marketing employee, employees in the clinical research and development team, and an employee in the respiratory team. AstraZeneca is a global company, some contracts can require engaging in services in other countries. AstraZeneca focuses on clinical research but also marketing and sales of its IP.

Business 110

Business Privacy Contracts Confidentiality 110

LexBlog IP

JULY 21, 2022

The Italian Competition and Market Authority (“AGCM” or “Authority”) has closed an investigation launched in July 2021 against McDonald’s Development Italy LLC (“McDonald”) regarding an alleged violation of art. 9 of Italian Law no.

Marketing 52

Marketing Marketing Contracts Business 52

Technology & Marketing Law Blog

OCTOBER 8, 2023

Thus, the court reaches what becomes a surprising result in light of the Ninth Circuit precedent elsewhere. * * * Section 230 The plaintiffs alleged that VRBO “lists and markets” the property, placed it into the “stream of commerce,” and communicated the property’s conditions. Grindr , Ynfante v.

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Contracts Publishing Marketing Marketing 73

43(B)log

NOVEMBER 19, 2021

Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. The parties compete to manage vacation rental properties located in Oregon, and plaintiff alleged a smear campaign against it. In Grubbs v. Sheakley Grp.,

Advertising 57

Advertising Advertising Marketing Marketing 57

azrights

JUNE 7, 2022

There was no real marketing or business guidance. I’ve since realised that branding needs to be a multi-disciplinary exercise involving marketing as well as graphic design skills, although graphic design is the last discipline to engage with. I’ve learnt a lot from my own mistakes during these past 17 years of being in business.

Marketing 59

Marketing Marketing Business Designs 59

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.

Contracts 66

Contracts Licensing Marketing Marketing 66

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced. The Bottom Line.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

Traverse Legal Blog

MARCH 25, 2022

In this video, Blockchain attorney Enrico Schaefer identifies key legal issues every brand, marketing agency, or project point person needs to be thinking about before launching an NFT project for a company. Major brands and their marketing agencies understand that NFTs offer new and innovative marketing and Public Relations opportunities.

Branding 126

Branding Brands Branding Contracts 126

43(B)log

DECEMBER 16, 2022

12, 2022) Plaintiffs sued defendants for copyright infringement, violation of the Lanham Act, breach of contract, and violation of unfair competition law; copyright and breach of contract claims survived a motion to dismiss but the others didn’t. Breach of contract claims survived. CV 22-4735-RSWL-Ex (C.D.

Marketing 57

Marketing Marketing False Advertising Contracts 57

Technology & Marketing Law Blog

JULY 22, 2022

The lawsuit relates to “information that he, rather than Twitter, provided. Rangel mistakenly believes that he himself cannot be a third-party information provider under this provision, but this view has been repeatedly rejected.” This covers the breach of contract claim too. Contract breach. Cite to King v.

Contracts 101

Contracts Publishing Blogging Marketing 101

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

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.

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Blogging Contracts Cease and Desist Social Media 96

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

U.S. Department of Commerce

SEPTEMBER 28, 2023

This gross domestic product, or GDP, data can be used by policymakers, businesses, and households on the island to make informed decisions. Information is available in both English and Spanish. The vast majority of smaller businesses rely on information technology to run their businesses and to store, process, and transmit information.

Business 121

Business Inventor Contracts Marketing 121

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

Velocity of Content

DECEMBER 14, 2023

Success is dependent on collaboration, networking, and sharing information. R&D Literature review is an essential step in the research process; it provides context, informs methodology, maximizes innovation, and helps to avoid duplicative research.

Licensing 98

Licensing Copyright Publishing Journalism 98

Trading Secrets

NOVEMBER 10, 2023

Boston Beer is a brewer and marketer of beers, malt beverages, and hard ciders, known for its Samuel Adams and Angry Orchard products. Downeast is a rival maker and marketer of similar products, namely its eponymous cider. Shortly thereafter, he became a Senior Vice President of Marketing at Downeast.

Confidentiality 59

Confidentiality Marketing Marketing Contracts 59

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

Trading Secrets

MAY 9, 2022

In the third installment of our 2022 Trade Secrets Webinar Series, Seyfarth attorneys Justin Beyer and Ian Long discussed employee mobility and its impact on trade secrets and non-compete agreements, and shared practical steps that companies can take to protect intellectual capital in today’s market.

Confidentiality 78

Confidentiality Contracts Marketing Marketing 78

Technology & Marketing Law Blog

AUGUST 24, 2023

Now, the primary vehicle to stop web scraping is with breach of contract claims. Now, in its case against Bright Data, Twitter’s lawyers filed three claims: breach of contract, tortious interference with a contract, and unjust enrichment. In the end, it was a pyrrhic victory. They don’t need or seek alternative legal theories.

Blogging 97

Blogging Contracts Intellectual Property Social Media 97

Technology & Marketing Law Blog

DECEMBER 7, 2022

The appellate court summarizes its conclusion: However denominated, Prager’s state law causes of action target providers of an interactive computer service in their capacity as publishers restricting access to Prager’s information content—i.e., Prager tried a variety of contract-based workarounds to Section 230.

Contracts 137

Contracts Publishing Law Government 137

Technology & Marketing Law Blog

AUGUST 23, 2022

Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K.,

Social Media 116

Social Media Contracts Advertising Advertising 116

Olartemoure Blog

JULY 28, 2023

In Colombia, the Sole Registry of Bidders (RUP) plays a crucial role in recording legal, financial, and technical information of entities and individuals interested in participating in public procurement processes. Original source in Spanish.

Contracts 52

Contracts Intellectual Property Marketing Marketing 52