Technology & Marketing Law Blog

DECEMBER 23, 2022

Fitbit’s alleged failure to include the Terms of Service or reference to the Terms of Service in the packaging of its devices does not negate this notice.” BONUS: Additional contracts links from the past six months. Applying the Ninth Circuit’s Berman case , the court says Uber’s contract formation was a “browsewrap.”

Contracts 98

Contracts Privacy Registration Government 98

43(B)log

MAY 19, 2023

Roblox sued for copyright infringement, false advertising, trademark infringement, false association and false designation of origin, trade dress infringement, intentional interference with contractual relations, breach of contract, and false advertising and unfair competition under California law.

Copying 94

Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. The court explains: In Lee, the court found the Terms of Use sufficiently conspicuous even though they were referred to as part of a broader payment screen. Ticketmaster, a 9th Circuit memo opinion from 2020 that I did not blog.

Contracts 98

Contracts Law Reporting Blogging 98

Plagiarism Today

AUGUST 9, 2022

The new tool is entitled GhostDetect , and it works by analyzing a reference text that is known to be written by the author and a query text that is in question. Since the latter is the oldest, by a day, I opted to use that as the reference. What I found was interesting. This is especially true since it produces quantifiable results.

Plagiarism 264

Plagiarism Contracts Publishing Reporting 264

IIPRD

MARCH 13, 2025

Intellectual Property refers to any intangible asset or property originated from the human intellect. Copyright Copyright refers to the exclusive rights granted to the authors or performers for their original work or performance like book, film, paintings, compute programmes, etc. For that, first let us understand what are IP and IPR.

Intellectual Property 83

Intellectual Property Registration Designs Design 83

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. ” [The court is referring to the call-to-action here.]. Just rewriting the call-to-action to cross-reference the “done” button would have ameliorated this point a lot. Don’t do that.

Contracts 125

Contracts Registration Designs Design 125

TorrentFreak

NOVEMBER 8, 2024

The contract was eventually awarded to Bristol-based Calvium Limited, which according to its website already works with the NHS and the Department of Transport. Depending on whether extensions are granted after the initial three years, the contract is worth between £173,600 and £221,600. million visits.

Advertising 104

Advertising Advertising Intellectual Property Social Media 104

IP and Legal Filings

APRIL 29, 2024

These organizations sign contracts with sportspersons, which govern the terms and conditions of their employment, including their salaries, bonuses, and other benefits. These contracts are typically signed for a specific period, and the terms may vary depending on the sport and the athlete’s performance.

Law 104

Law Contracts Government Art 104

Technology & Marketing Law Blog

JULY 22, 2022

This covers the breach of contract claim too. The court says Rangel would lose even without reference to Section 230. Contract breach. . “his claims derive entirely from Twitter’s decision to exclude his content and suspend his account—that is, traditional publishing functions.” Cite to King v. Prima Facie Case.

Contracts 116

Contracts Publishing Blogging Marketing 116

SpicyIP

JANUARY 20, 2025

Can a Claim for Breach of Confidence and Breach of Contract be made together? The respondent invoked the arbitration clause present in the Deed of Assignment of Trade Marks leading to the Commercial Court referring the matter to arbitration. Deepak Gupta.

Registering Trademarks 102

Registering Trademarks Trademark Registration IP 102

Plagiarism Today

APRIL 20, 2022

For much of the web’s recent history, we scraping commonly referred a technique through which spammers would copy content from a website and republish it, either rewritten or verbatim. Copyright and breach of contract are just two other areas to consider. Where Does This Leave Us.

Licensing 290

Licensing Government Copyright Plagiarism 290

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 145

Contracts Publishing Law Government 145

SpicyIP

JULY 13, 2021

As a practice, artists enter into contracts with publishers which grant them ownership of the work to commercially exploit it and collect the royalties it earns. Then these earnings are split between the publishers and artists based on the terms of the contract between them.

Business 122

Business Music Contracts Non-Fungible Tokens 122

TorrentFreak

MAY 11, 2023

has the right to disaffirm any contract within a reasonable time of becoming an adult. As it happened, he had already declared all contracts with Bungie null and void. had properly disaffirmed all contracts due to his status as a minor, he would now address L.L.’s With no enforceable contract between L.L.

Derivative Work 143

Derivative Work Contracts Licensing Copyright Infringement 143

Technology & Marketing Law Blog

MAY 30, 2024

This is a non-precedential memo opinion, so I’m going to assume that the reference to “incorrect” was sloppily phrased and instead intended as a hypothetical (i.e., ” Another failed case added to the ever growing stack of failed cases over account terminations and content removals.

Contracts 98

Contracts Blogging Marketing Marketing 98

The IP Law Blog

SEPTEMBER 16, 2021

There is no reference to assets or material protected by copyright. This intent is to be inferred, if possible, solely from the written provisions of the contract, but extrinsic evidence may be offered both to explain an obviously ambiguous term and to reveal a latent ambiguity. What’s missing here?

Social Media 98

Social Media IP Intellectual Property Artwork 98

IPilogue

JULY 15, 2021

The Costume Designers Guild (CDG) answered that question in June 2021 by calling out Disney’s “unfair” practice in reference to the Cruella -inspired licensing. Many costume designers’ contracts with big production companies currently do not address involvement in merchandising. Conflict arises in contracts’ terms.

Licensing 105

Licensing Contracts Designs Design 105

IP and Legal Filings

MARCH 9, 2022

Trademarks- as the patents protect the inventions, trademarks refer to the unique symbols and phrases used by an organization helping them to distinguish from the others in a competitive market. The inferior status towards the right to ownership is pronounced in regards to the functioning under a contract of service. Tasini, 533 U.S.

Ownership 97

Ownership Copyright Trademark Contracts 97

TorrentFreak

FEBRUARY 7, 2023

Zilly ruled that the hacking, theft, and contract breach allegations survive Bungie’s motion to dismiss so can proceed. “In particular, the reference in Exhibit D to the file path “g:work files”, directs to Mr. May’s external drive which contains proprietary technology and trade secrets known only to Mr. May.

Contracts 144

Contracts Privacy Copyright Infringement Copyright 144

Michael Geist

DECEMBER 3, 2024

The companies aren’t hiding the ball as there are repeated references along the lines of “ at all times, Open AI was and is well aware of its obligations to obtain a valid licence to use the Works. It has already entered into licensing agreements with several content creators, including other news media organizations.”

Settlement 113

Settlement Copyright Licensing Copyright Infringement 113

IP and Legal Filings

JUNE 27, 2022

The move from Libor would only be essentially administrative if the new reference rates were to vary from the way they are measured and not in the resulting standard. Overnight rates are the numerous alternate reference rates offered by various countries. Contractual Interpretation and negotiations. Force Majeure. Frustration.

Contracts 80

Contracts Marketing Marketing Publishing 80

IP and Legal Filings

APRIL 1, 2024

CONTRACT OF SERVICE AND CONTRACT FOR SERVICE In the realm of the Copyright Act, the relationship between the employer and its employee, i.e. the very nature and scope of the employment is a key mitigating factor that decides whether the ownership of the intellectual property created by its author will be awarded to him or his employer.

Ownership 98

Ownership Copyright Intellectual Property Contracts 98

43(B)log

AUGUST 25, 2023

And given the specific reference to "coffee table books," what is "any medium" doing and would a non-coffee table nonfiction book using a single photo as an illustration be covered? The terms of service for this state site are interesting.

Editing 52

Editing Government Contracts Intellectual Property 52

The IPKat

JANUARY 27, 2023

In this 650-paragraph judgement , the court ruled that students can in certain situations be “consumers” vis a vis the university under the Unfair Terms in Consumer Contracts Regulation 1999/2083) (UTCCR). In Oct 2013, Mr. Jing commenced his DPhil studies (PhD equivalent), signing a contract which included the University’s IP Provisions.

Inventor 98

Inventor IP Contracts Invention 98

The IP Law Blog

MARCH 31, 2022

The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. There the Court quoted Justice Traynor’s dissenting opinion in Stanley : The policy that precludes protection of an abstract idea by copyright does not prevent its protection by contract.

Contracts 96

Contracts Law Artwork Copyright 96

Intepat

MARCH 13, 2025

INTRODUCTION Outer space or space refers to the areas beyond our planets atmosphere. Contract-based protection and enforcement is the most convenient and desirable mode of IP protection today, as it can be implemented easily even in cross-border transactions.

Intellectual Property 52

Intellectual Property Government IP Contracts 52

Technology & Marketing Law Blog

JANUARY 25, 2024

Then he reversed course on remand and ruled in favor of LinkedIn on its breach of contract claims. On January 23rd, Judge Chen once again dropped a bombshell for the web-scraping world (and those looking to stop it) by ruling in favor of Bright Data and against Meta on its breach of contract claims at summary judgment. Bright Data Ltd.

Blogging 98

Blogging Contracts Cease and Desist Confidentiality 98

Traverse Legal Blog

FEBRUARY 22, 2022

These issues include drafting your short-term rental contract, local rental laws and regulations, the terms of service with the platforms such as Airbnb, VRBO and Booking.com and defamatory ratings and reviews which affect your reputation. Some cities have actually banned short-term rentals through what many refer to as airbnb rental laws.

Law 97

Law Contracts Business Litigation 97

IP and Legal Filings

AUGUST 4, 2022

In essence, the Double Tax Avoidance Agreement (DTAA) is a bilateral contract signed by two nations. DTAAs that cover nearly all forms of incomes allowed by any model convention are referred to as comprehensive. Below are definitions for a few terms: Contracting State: The nation that signs a treaty. AIM OF TAX TREATIES.

Law 97

Law Contracts Government Business 97

TorrentFreak

JULY 28, 2022

In addition, Bright House is also allowed to use the term “spying” when referring to network management tools. The same is true for allegations that some smaller artists are being exploited by music companies through terrible contracts. This request was denied as well. No Copyright Alert System Ban.

Music 145

Music Copyright Contracts Copyright Law 145

The IPKat

OCTOBER 28, 2021

Not for the first time in connection with a public procurement tender, an unsuccessful bidder then files with the contracting authority a request for examination of the documentation submitted by the successful bidder, this to evaluate the propriety of the award process, with an eye towards possibly challenging it through legal proceedings.

Contracts 93

Contracts Confidentiality Public Domain Licensing 93

TorrentFreak

JULY 13, 2022

The music companies also fear that Bright House will use terms such as “spying” or “surveillance” to refer to measures it could have taken to monitor file-sharing traffic. Internet terminations are not the only topic of concern.

Music 145

Music Contracts Copyright Infringement Copying 145

Technology & Marketing Law Blog

AUGUST 12, 2023

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged. The appeals court says that the contract damages allegation was conclusory and insufficient, so that claim fails too.

Contracts 75

Contracts Licensing Business Blogging 75

IIPRD

OCTOBER 16, 2024

There are various laws in India that govern IPR and gaming laws, but the primary law are Patents Act, of 1970 , Trademark Act, of 1999 and Indian Contract Act, of 1872. Reference: The Law Tree. It is important for the game developers and industry players to know their rights and consequences of IPR that they might face.

Intellectual Property 59

Intellectual Property Graphic Design Trademark Copyright 59

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. This adds to the pile of failed account termination cases.

Contracts 119

Contracts Social Media Advertising Advertising 119

Copyright Lately

OCTOBER 20, 2024

He dismissed American’s claims for breach of user agreement, conditions of carriage (the rules governing air travel), and tortious interference with contract, ruling they were barred by the statute of limitations. Now, the site simply references “American” to identify the airline’s flights.

Copyright 83

Copyright Fair Use Social Media Business 83

Nelligan Law

DECEMBER 29, 2021

A marriage contract (often referred to as a pre-nup or a post-nup) can deal with virtually anything, other than which parent will care for the children and make the decisions about their upbringing. These are but a sprinkling of reasons why anyone thinking about getting married should consider entering into a marriage contract.

Contracts 98

Contracts Business Law Blogging 98