Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. 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.

Blogging 97

Blogging Contracts Intellectual Property Social Media 97

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 81

Social Media Contracts Ownership Business 81

TorrentFreak

APRIL 16, 2024

The complaint mentioned that Matienzo describes herself as an “archivist” and uses the handle “anarchivist” on social media. ” Some of the allegations ‘No Shred of Evidence’ In total, OCLC asserts twelve claims against Matienzo including breach of contract, unjust enrichment, and trespass of chattels.

Social Media 99

Social Media Publishing Contracts Copying 99

Technology & Marketing Law Blog

FEBRUARY 27, 2022

Knowing well that litigation in the Northern District of Texas is not in its best interests, TPG filed a declaratory judgment in Delaware hoping to take advantage of the first-to-file rule. With all that, the first battle in this litigation will be the question of where to litigate it. Breach of Contract 2. Facebook v.

Cease and Desist 122

Cease and Desist Blogging Contracts Social Media 122

IPilogue

AUGUST 19, 2021

Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content. As social media posts generate buzz and draw fans, spectators will have a chance to enjoy getting behind-the-scenes looks and instant updates from their favourite athletes.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism 80

Journalism Privacy Contracts IP 80

The TTABlog

JUNE 26, 2024

Frequent TTAB litigant Monster Energy lost another one at the TTAB, this time on summary judgment. entity, and, ultimately, entered into contracts for U.S. The registration was blocking Monster's application to register PREDATOR for energy drinks, soft drinks, and sports drinks. created a U.S. marketing strategies, U.S.

Designs 67

Designs Design Registration Social Media 67

Technology & Marketing Law Blog

JUNE 9, 2022

These questions are being addressed (in mostly unsatisfactory ways) in litigation involving hiQ and BrandTotal. BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” ” Oof.

Contracts 105

Contracts Privacy Social Media Advertising 105

The IPKat

FEBRUARY 21, 2024

The research reveals that, while the law influences the permission to be sought, these industries often contract with individuals to add value to their products via collaboration, and to avoid damage to reputation that might occur if permission were not sought in accordance through social norms.

Television 64

Television Advertising Advertising Social Media 64

Technology & Marketing Law Blog

JULY 29, 2023

The Texas social media censorship law remains temporarily enjoined by the Fifth Circuit pending Supreme Court review, but Davis couldn’t wait. Davis claimed that Texas’ social media censorship law preempted the TOS venue clause. Davis argued that the TOSes are contracts of adhesion.

Social Media 76

Social Media Contracts Law Litigation 76

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager tried a variety of contract-based workarounds to Section 230. Going beyond the contracts, Prager looks to various “promises” it alleges that defendants made through public-facing comments. Indeed, the whole “but the algorithms” attack on Section 230 has always been nonsensical.

Contracts 137

Contracts Publishing Law Government 137

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service.

Contracts 93

Contracts Social Media Advertising Advertising 93

Technology & Marketing Law Blog

AUGUST 29, 2022

I posted a chapter from the book: Online Contracts. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Big Ruling for Free Speech: Most of Florida’s Social Media Censorship Law (SB 7072) Remains Enjoined–NetChoice v. Analysis of CA AB587). Attorney General.

Editing 90

Editing Social Media Blogging Advertising 90

Traverse Legal Blog

APRIL 6, 2022

Since the game title and NFTs were based on the use of F1, the game, the NFTs, the website, and the social media channels using ‘F1’ all had to be shut down. Securities law, contract law, consumer protection laws, and causes of action for fraud and misrepresentation are all possible legal claims.

Licensing 98

Licensing Trademark Contracts Branding 98

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 48

False Advertising Contracts Branding Brands 48

43(B)log

MARCH 4, 2022

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. The law on the ownership of a social media pages created by employees for employers is evolving rapidly and varies between jurisdictions.

Social Media 70

Social Media Advertising Advertising Business 70

Copyright Lately

OCTOBER 10, 2021

The dispute between writers and former friends Sonya Larson and Dawn Dorland over a short story involving a kidney donation has captured the attention of social media during the past week. Well, that would have been joyful news to me about the middle of December, when I gladly took the first offer that came, and made a contract.

Art 92

Art Contracts Social Media Litigation 92

Trading Secrets

JANUARY 24, 2024

In the accompanying press release , SEC Enforcement Director Gurbir Grewal reiterated the rule’s breadth and proclaimed, “Whether it’s in your employment contracts, settlement agreements or elsewhere, you simply cannot include provisions that prevent individuals from contacting the SEC with evidence of wrongdoing.”

Confidentiality 52

Confidentiality Cease and Desist Settlement Social Media 52

Technology & Marketing Law Blog

AUGUST 21, 2023

Thus, I always felt the litigation ploy acted as an adverse admission by the plaintiffs. As the Newman court summarized, “this case has shed its intentional discrimination and constitutional claims, becoming—first and foremost—a breach of contract dispute.” This sets up YouTube for a major own-goal. .”

Contracts 86

Contracts Social Media Blogging Law 86

Copyright Lately

MARCH 16, 2023

The court’s March 14 ruling (read here) rejected the defendants’ assertion that copyright terminations served by Bono’s heirs effectively preempted Cher’s state law contract rights. At this rate, the Cher-Bono litigation may end up lasting longer than the couple’s marriage.

Copyright 78

Copyright Music Contracts Settlement 78

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 99

Social Media Law Blogging Publishing 99

43(B)log

DECEMBER 7, 2023

Things eventually went bad, resulting in contract/trade secret claims and copyright/ROP counterclaims. One of the individual defendants is “a social media personality and model who became well-known for her photos and videos, and who has also started an agency to provide management services to other models and influencers.”

Web Development 57

Web Development Social Media Copying Copyright 57

43(B)log

APRIL 18, 2023

Plus, they hadn’t removed existing false advertising from their social media accounts. Defendants assert that “[i]t is impossible for VPX to review and eliminate all of the hundreds of thousands archived and historical social media posts that may include an image of the legacy [BANG] can or logo.”

False Advertising 70

False Advertising Advertising Advertising Social Media 70

Technology & Marketing Law Blog

JANUARY 25, 2023

Implications This is surely not the last word on the subject because Shah litigated pro se. For a more convincing ruling, we need to see how a well-trained copyright litigator navigates this legal issue. Still, its implications are wide-ranging.

Copyright 124

Copyright Fair Use Licensing Ownership 124

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. . Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. . 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

LexBlog IP

MARCH 23, 2023

The lawsuit states that De La Cruz’s “distinguishable voice” also has been used without her consent for songs, records, promotions, worldwide concerts, television, radio and social and musical platforms.

Business 40

Business Social Media Television Contracts 40

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. The facts of the case are relatively simple, with a couple of twists.

Blogging 88

Blogging Cease and Desist Business Litigation 88

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 57

Advertising Advertising Social Media Licensing 57

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 512(f) plaintiff wins after 3 years of litigation and a bench trial. Amazon is a key player in this litigation, but the court doesn’t address its responsibility at all. A New 512(f) Plaintiff Win! So what did it win?

Registration 113

Registration Fair Use Copyright Designs 113

43(B)log

FEBRUARY 3, 2022

Rolling Stone litigation, though the facts are more internet-oriented. Interestingly, Plaintiffs plead no facts about the terms of their contracts with the designers who hire them to work the runway; the court acknowledges the very real possibility that those contracts govern how images captured from a fashion show are used.”)

Advertising 62

Advertising Advertising Designs Design 62

Copyright Lately

JULY 17, 2022

There will likely be fights in the Livingston litigation about whether the terminations are valid and if they cut off Tammy’s right to receive royalty income, but if so, Tammy will be out of luck. In the meantime, let me know if you have any comments or questions below, or @copyrightlately on social media. View Fullscreen.

Copyright 59

Copyright Music Social Media Publishing 59

Trading Secrets

MARCH 22, 2022

But the real question to me as a litigator is whether this doctrine should become part of the tool bag going forward. Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions. Gutman , 24 F.4th 4th 785 (2d Cir.

Social Media 59

Social Media Contracts Confidentiality Business 59

43(B)log

JUNE 29, 2023

Litigation indicates: it isn’t more efficient than standard competition or sector-specific regulation; it just reflects that there wasn’t enough information about what they were regulating. But that doesn’t work for everything—it is naïve to think that Zalando hasn’t been talking to the Commission for months, but the result is litigation.

Law 52

Law Privacy Litigation Social Media 52

Technology & Marketing Law Blog

APRIL 30, 2022

Judge Alsup dismisses most of Berenson’s claims, but the contract breach and promissory estoppel claims survive Twitter’s motion to dismiss. ” Contract Breach/Promissory Estoppel. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Berenson sued Twitter. Section 230.

Social Media 108

Social Media Contracts Government Publishing 108

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

That legal standard could devastate social media usage in Australia. It increases the risk that ordinary social media users could be liable for defamation caused by their so-called friends. That risk encourages social media users to actively police the comments of their friends–or stop posting entirely.

Publishing 99

Publishing Social Media Blogging Law 99