Technology & Marketing Law Blog

JULY 16, 2021

Reminder: courts sometimes demand that consumers click twice to form a contract. The post 1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More) appeared first on Technology & Marketing Law Blog. . * Lona’s Lil Eats, LLC v. DoorDash, Inc., 2021 WL 151978 (N.D. New Yorker : Dude, Where’s My Couch? Handle, Inc.,

Advertising 122

Advertising Advertising Contracts Social Media 122

The IPKat

SEPTEMBER 26, 2024

The ruling stays the proceedings and refers 13 questions to the Court of Justice of the European Union (CJEU). Their claims and the corresponding questions referred to the CJEU are detailed below. 216/1 (case no. 216/2 (cases nos. 7922 and 7925), XI.228/4 228/4 (cases nos. 7922 and 7927), chapter 4/2 (cases nos. 7924 and 7927), XI.228/10

Publishing 129

Publishing Art Licensing Confidentiality 129

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. * * *. It would have been trivially easy to implement a proper if/then statement on the card back, or even reference the arbitration clause. This case involves Walmart gift cards. Zeidenberg and the 23andMe litigation.

Contracts 116

Contracts Litigation Blogging Law 116

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

Kluwer Copyright Blog

JUNE 2, 2024

This statement sets out OpenAI’s vison for a ‘social contract for content in AI’. OpenAI expresses that it believes that learning constitutes fair use (see here ), referring to (unnamed) legal precedents, and implying that machine learning is equivalent to human learning processes (which it arguably is not, see here ).

Contracts 84

Contracts Copyright Publishing Business 84

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

FEBRUARY 13, 2025

In particular, the LFP has decided to refer the matter to the interim relief judge in order to obtain an urgent order for DAZN to pay the sums stipulated in the contract and an injunction to perform all of its contractual obligations,” LFP noted. The ambitious target of 1.5

Reporting 73

Reporting Contracts Intellectual Property IP 73

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

IPilogue

OCTOBER 1, 2024

By referring to generative AI as a commentator or “expositor,” lawmakers can reserve copyright for human authors without turning a blind eye to the authority embodied in algorithmically generated language. Key for Turnbull is how the systems behind algorithmic contracts exercise “derivative” authority without legal intent.

Contracts 119

Contracts Technology Law IP 119

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

Technology & Marketing Law Blog

JUNE 10, 2024

Note: The majority opinion doesn’t expressly reference Uber’s post-Kauders vulnerability, but the dissent says: “It is undisputed that as a consequence of Kauders, no enforceable contract existed between Good and Uber before the evening of April 25, 2021.” In fact, per Kauders, Uber had no TOS at all to update.

Contracts 98

Contracts Marketing Marketing Blogging 98

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

The IPKat

JULY 18, 2021

Expand creator rights with contract restrictions Issue : The report states that the music industry market is an oligopsony - when a market is dominated by a small number of large buyers, which concentrates demand and keeps prices down at the expense of the sellers. Plot twist!

Music 139

Music Contracts Reporting Government 139

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

The IPKat

SEPTEMBER 26, 2021

Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract adjustments as well as referrals to the Competition and Markets Authority (CMA) and the Advertising Standards Agency (ASA).

Music 130

Music Government Contracts Marketing 130

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

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

Michael Geist

JULY 13, 2022

readout of the meeting, though the Canadian readout of the same meeting notably excludes any reference to the issue. ” The reference to concerns with a digital services tax has been raised before , but the inclusion of Bill C-11 is new. The issue is cited in the U.S. It provides: Article 19.4:

Government 145

Government Designs Design Contracts 145

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

The IPKat

FEBRUARY 17, 2022

As early as in Sarony (a seminal case concerning copyright protection of photographs), the US Supreme Court referred to authors as human. First, held the Board, a machine cannot enter into any binding legal contract. The phrase ‘original works of authorship’ under §102(a) of the Act sets limits to what can be protected by copyright.

Copyright 145

Copyright Artistic Work Copyright Law Contracts 145

Kluwer Copyright Blog

NOVEMBER 5, 2024

Using WIPO’s words : “ AI-generated” and “generated autonomously by AI” are terms that are used interchangeably and refer to the generation of an output by AI without human intervention. The applicable rules, namely in terms of ownership, contracts, exceptions and limitations, are not the same. However, the difference is relevant.

Copyright 72

Copyright Designs Design Copyright Law 72

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