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.” The court says “no”.

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The IPKat

MARCH 25, 2025

The IPKat has received and is pleased to host the review of The Handbook of Fashion Law (eds. Heres what Spyros writes: The cover image portrays a photograph of Signor Valentino himself, in his atelier in the 1960s Fashion law has now been fully established as a field of study, research, and practice worldwide.

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Law Intellectual Property IP Brands 59

Technology & Marketing Law Blog

APRIL 8, 2023

But, are face scans really an option for age verification, or will it conflict with other privacy laws? 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. Choice of Law.

Privacy 145

Privacy Law Contracts Designs 145

IPilogue

JULY 29, 2022

Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. 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.

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Music Marketing Marketing Ownership 118

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. What blows my mind is that the court treats this as a first-principles question of common law.

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Contracts Law Reporting Blogging 98

TorrentFreak

OCTOBER 27, 2024

“Operation 404 is a model for effective and efficient criminal enforcement measures against piracy sites and services and should be replicated by other markets within the Western Hemisphere,” MPA writes. After all, the contract is not linked to an address like it works with cable TV,” Grigolo explained.

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Contracts Government Reporting Copying 114

Technology & Marketing Law Blog

OCTOBER 31, 2021

This is the latest dubious Internet Law ruling from the Eighth Circuit. The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. Other dubious rulings in 2021 include Select Comfort v. Baxter and Campbell v. This case involves Walmart gift cards.

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Technology & Marketing Law Blog

DECEMBER 18, 2021

The court couldn’t sufficiently discern the relevant market from the complaint, so the court can’t figure out any cross-elasticities. The court rejects the plaintiffs’ attempts to create single-brand markets. That is not the kind of injury antitrust laws are intended to protect. Breach of Contract.

Reporting 119

Reporting Law Contracts Advertising 119

IP and Legal Filings

MARCH 19, 2025

The defense concluded that the case was without merits, thus not violating copyright laws. Thus, in such cases, copyright laws would favor the producer if the BTS Footage was created as part of the production process. 5] The idea is affected by the market value of the original work and its usage. 1] Llaiyaraja v.

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Copyright Law Copyright Law Fair Use 59

IPilogue

JANUARY 5, 2023

Sally Yoon is an IPilogue Writer, IP Innovation Clinic Fellow, and a 3L JD Candidate at Osgoode Hall Law School. On November 29th, The Competition and Markets Authority (CMA) released its final report of its market study into music and music streaming. What did your Spotify Wrapped look like this year?

Music 105

Music Marketing Marketing Reporting 105

Plagiarism Today

FEBRUARY 7, 2022

While that may be scary for the marketplace, it may be precisely what is needed for the market to enjoy any mainstream success. You simply cannot have a legitimate market that trades almost entirely in illegitimate goods. The biggest is how copyright law will apply to marketplaces like OpenSea. Shades of Napster. Bottom Line.

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Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Or loudly enough.

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Contracts Blogging Advertising Advertising 98

Traverse Legal Blog

NOVEMBER 25, 2024

2024 Update) Accidental copyright infringement occurs when someone unknowingly violates copyright law. This can happen due to: Lack of Understanding: Not fully comprehending copyright laws and regulations. By understanding copyright law and taking precautions, you can minimize the risk of accidental infringement.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

Nelligan Law

FEBRUARY 14, 2025

The Court of Appeal noted that the sellers accepting the extension offer late was a repudiation of the contract, a kind of breach which entitled the seller to choose whether to terminate the APS, or continue with it: the critical requirement is that this choice must be communicated to the repudiating party. Get in touch with our team today.

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Contracts Litigation Law Marketing 81

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.

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Contracts Privacy Registration Government 98

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. The law related to web scraping is far too nuanced to make such a declarative statement. If you said or implied that the CFAA is the only law that governs web scraping. Don’t worry! You’re not alone.

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Blogging Law Contracts Cease and Desist 131

Technology & Marketing Law Blog

MAY 17, 2024

by guest blogger Guy Rub , The Ohio State University Moritz College of Law A Web Scraper Beats a Platform: The Same Story, but Different It seems like we’ve been here before, and not that long ago. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well.

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Blogging Contracts Fair Use Copyright Law 130

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * The post 2H 2022 Quick Links, Part 1 (Marketing, Privacy) appeared first on Technology & Marketing Law Blog. FTC cracks down on live reads on the radio. * NY Times : Meta Agrees to Alter Ad Technology in Settlement With U.S. Comptroller , No. C-02-cv-02-10509 (Md. Turtle Island Foods SPC v. . *

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Privacy Marketing Marketing Social Media 116

Technology & Marketing Law Blog

FEBRUARY 27, 2024

Now, with a little more time to complete its analysis, the court wrote a more thorough and refined opinion preliminarily enjoining Ohio’s law requiring parental consent for children’s usage of social media. AG Yost disingenuously argued that the law enhances parents’ control over their children’s contracts.

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Social Media Law Contracts Publishing 105

Kluwer Copyright Blog

DECEMBER 26, 2021

Welcome to the fourth and final trimester of 2021 round up of EU copyright law! In this series, we update readers every three months on developments in EU copyright law. The bill tackles issues such as equitable remuneration for streaming, contract adjustment, right of revocation and transparency. CDSM Directive implementation.

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Copyright Law Law Copyright Reporting 121

Technology & Marketing Law Blog

JANUARY 18, 2025

” Market effect: “Townsquare’s article reporting on the original Jordan video similarly contained that original video as part of an embedded post from X, including additional text and images from the X post, and there is thus little to no risk of market usurpation.”

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Copyright Social Media Licensing Fair Use 96

Nelligan Law

MARCH 12, 2025

For businesses in Ontario, these processes are governed by provincial and federal laws, which must be carefully navigated to ensure success. Economies of scope can arise from leveraging combined resources to develop new products or enter new markets. Employment contracts and liabilities. Intellectual property assets.

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Business Due Diligence Marketing Marketing 59

Technology & Marketing Law Blog

APRIL 29, 2022

The plaintiffs sued Facebook for (1) negligence; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) violations of California’s Unfair Competition Law, Cal. Twitter for this intersection of Section 230 and contract breach claims. & Prof. Code section 17200, et seq. (“UCL”);

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Contracts Advertising Advertising Publishing 128

Technology & Marketing Law Blog

OCTOBER 23, 2021

It’s a reminder that you must consider how you will introduce evidence of contract formation in addition to worrying about the contract terms and formation process. “To the extent the contract pertains to use of Peloton’s Services (e.g., ” Thus, the nonparties cannot be swept into the contract.

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Contracts Registration Litigation Copying 136

Technology & Marketing Law Blog

AUGUST 31, 2023

. “all his claims relate to the suspension of his account and the alleged failure to suspend the third-party user’s account, whether they are styled as breach of contract, tort, or fraud claims…All of Plaintiff’s claims seek to treat Twitter as a publisher.” Contract Breach. ” Cite to King v.

Contracts 124

Contracts Social Media Blogging Publishing 124

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.

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Contracts Publishing Law Government 145

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.,

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Social Media Contracts Advertising Advertising 138

Technology & Marketing Law Blog

SEPTEMBER 25, 2021

In March 2020, she contracted a respiratory illness. There was no nuance to the law enforcement effort to censor speech; it was the raw exercise of government power, coupled with a realistic threat of incarceration for noncompliance. ” “Labeling censorship societally beneficial does not render it lawful.

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Law Social Media Government Contracts 122

IP and Legal Filings

MARCH 26, 2025

It essentially aims to provide form and establish an officially recognized digital currency and govern the same while at the same time restricting the growth of private cryptocurrencies in the Indian market. This makes all the difference since it is based on such a foundation that Indian law will treat differently kinds of digital assets.

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Technology Government Marketing Marketing 59

JD Supra Law

FEBRUARY 11, 2025

Stay tuned for expert insights regarding the impact of AI on intellectual property, licensing, contracts, regulatory policy, enforcement, privacy, and venture markets in life sciences. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences.

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Intellectual Property Privacy Blogging Contracts 68

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

Technology & Marketing Law Blog

JUNE 18, 2022

The plaintiffs point to the Facebook-Cognizant contract as the source of that duty. ” The common law also does not impose “a legal duty on the part of employers to warn their employees of psychological or emotional harm.” Cognizant appeared first on Technology & Marketing Law Blog. June 10, 2022).

Contracts 131

Contracts Blogging Business Technology 131

IP and Legal Filings

APRIL 8, 2023

This recorded music is frequently sold at significantly lower prices than market rates, resulting in massive losses for music producers. CONTRACTUAL ISSUES Various contracts are signed and executed by various performers/artists and stakeholders. The Indian Copyright Act of 1957 forbids and punishes acts of piracy. ISSN:1583-6258, Vol.

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Privacy Law Intellectual Property Music 98

Plagiarism Today

AUGUST 2, 2022

Make the book public (to the extent permitted by law) 2. However, those familiar with copyright law, immediately began to point out flaws in the plan. The mainstream reputation of NFTs was hopelessly trashed and, as the regular crypto market began to falter, the NFT market was especially hard hit.

Copyright 279

Copyright Non-Fungible Tokens Technology Plagiarism 279

IP and Legal Filings

AUGUST 25, 2023

Compliance with labour regulations in India must be done in line with the laws of the nation. These enterprises are not free from such duties simply because they are new to the market. It also advised that start-ups be regulated in accordance with existing labour laws. 127(E), available at: [link] (last visited on Aug.

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Law Contracts Business Government 97

Technology & Marketing Law Blog

JUNE 12, 2024

In 2014, California enacted AB2365 , sometimes called the “Yelp law,” codified at Cal. The law prohibits businesses from suppressing consumer reviews (on Yelp or elsewhere). Thus, more likely, this law is one of thousands of laws that the California legislature passes with some hype but then gets widely ignored.

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Law Contracts Litigation Business 75

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. That’s what copyright law is for. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis.

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Blogging Contracts Cease and Desist Social Media 123