IP Tech Blog

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

Marketing 57

Marketing Marketing Contracts Branding 57

IPilogue

JULY 29, 2022

Big-name celebrities like Halsey and Florence Welch of the indie rock band Florence and the Machine have taken to TikTok to discuss their discontent with the new marketing approach of creating viral TikTok audios as promotion. Common contract terms found in recording agreements include rights granted, producer royalties, and promotions.

Music 118

Music Marketing Marketing Ownership 118

LexBlog IP

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

Marketing 52

Marketing Marketing Contracts Branding 52

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 89

Contracts Privacy Registration Government 89

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 118

Contracts Design Designs Law 118

Kluwer Copyright Blog

FEBRUARY 13, 2024

In 2022, in the UK Parliament, the Digital, Culture, Media and Sport Select Committee, in its final report on the Economics of Music Streaming , made a number of recommendations, including speedy adoption of reversion and contract adjustment rights so that UK artists do not fall behind their European counterparts.

Contracts 63

Contracts Music Government Reporting 63

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

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * “The key question at the heart of this motion is whether a reasonable user would have understood from Meta’s policies that Meta collects the health information at issue here… I do not believe that a reasonable user would have understood that Meta may intercept their health information.”

Privacy 111

Privacy Marketing Marketing Social Media 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

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 115

Contracts Litigation Blogging Law 115

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

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. 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 86

Contracts Law Reporting Blogging 86

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

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.

Contracts 120

Contracts Social Media Blogging Publishing 120

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

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

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 130

Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

SEPTEMBER 30, 2024

Instead, it describes it textually: The account-creation page on its website asks users to input some basic information and then click a checkbox indicating that they “have read and accept the Terms and Conditions[.]” ” The consumer said that she formed the contract with Everlywell when she bought the physical kit. .'”

Contracts 96

Contracts Blogging Registration Law 96

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 84

Contracts Privacy Blogging Publishing 84

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

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

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.

Contracts 90

Contracts Design Designs Publishing 90

Indiana Intellectual Property Law

OCTOBER 5, 2022

Per the Plaintiff’s website, 3CHI was founded by a biochemist that has focused on cannabinoid research and brining minor cannabinoids to market. During her employment, Journay was promoted to Marketing Manager. 3CHI alleges to have almost single handedly put cannabis into national mainstream acceptance.

Marketing 52

Marketing Marketing Confidentiality Government 52

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 59

Advertising Advertising Marketing Marketing 59

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.

Contracts 86

Contracts Publishing Marketing Marketing 86

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

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

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

Art 52

Art Marketing Marketing Due Diligence 52

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

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 68

Contracts Licensing Marketing Marketing 68

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.

Brands 126

Brands Branding 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 59

Marketing Marketing False Advertising Contracts 59

Kluwer Copyright Blog

JUNE 14, 2021

While academics and stakeholders have been critically dissecting its controversial provisions on platform liability, news aggregation and text & data mining, the Directive’s Chapter 3 (‘Fair remuneration in exploitation contracts of authors and performers’) has gone almost unnoticed, save for a positive opinion of the European Copyright Society.

Contracts 52

Contracts Art Copyright Law Copyright 52

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 112

Contracts Publishing Blogging Marketing 112

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

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

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 111

Contracts Government Marketing Marketing 111