Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 86

Litigation Contracts Advertising Advertising 86

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

Technology & Marketing Law Blog

APRIL 26, 2023

At issue are two versions of the TOS from 2016 and 2019. Amazon updated the TOS in 2019 to make explicit that arbitrability would be decided by an arbitrator, and it emailed the drivers the new TOS. We have previously observed the importance of notice in the analogous context of electronic consumer contracts. It did not do so.”

Contracts 77

Contracts Copying Technology Licensing 77

LexBlog IP

APRIL 15, 2022

When Christie’s Auction House first entered the secondary art market of mainland China in 2005, it licensed its brand to a local auction house and received a total of RMB 97,000,000 (roughly $12,100,000) for its inaugural sale. [1] A relaxed regulatory environment helps explain the enormous growth of the Chinese art market.

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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.

Contracts 117

Contracts Registration Litigation Copying 117

Technology & Marketing Law Blog

JULY 14, 2023

This long-running lawsuit started in 2019. The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant. The plaintiffs made several key concessions: plaintiffs do not contend that there is an express contract provision requiring defendants to post plaintiffs’ videos on YouTube.

Contracts 80

Contracts Blogging Litigation Licensing 80

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. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

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Blogging Contracts Cease and Desist Social Media 96

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith. about your goods, products or services”).

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

JULY 18, 2023

Moritz College of Law The copyright – contract tension Stewart Brand famously said that information wants to be free. The flexibility of contracts makes them a prime candidate for restricting uses that copyright law leaves unprohibited. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 80

Blogging Copyright Contracts Cease and Desist 80

Kluwer Copyright Blog

JUNE 20, 2023

This doctrine has a significant effect on the economic vitality of the NFT industry, especially when it comes to ‘online exhaustion’ and the prospect of a secondary market in digital content. However, smart contracts merely permit such coded resale royalty commands, they do not ensure their operability.

Artwork 98

Artwork Contracts Ownership IP 98

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 72

Blogging Contracts Cease and Desist Confidentiality 72

Corsearch

FEBRUARY 28, 2024

In the vast world of intellectual property protections and expanding consumerism, which increases competition for market share, companies are constantly seeking ways to distinguish themselves and their products, and industrial designs provide an important option to do so. There were contractions in 2013 and 2014 of -6.5% respectively.

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Registration Designs Design Intellectual Property 59

Traverse Legal Blog

APRIL 6, 2022

While NFTs – aka token contracts- last forever on the blockchain ledger, the linked digital asset could be taken from you or have its value/utility diminished or extinguished. 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

Intepat

MAY 16, 2024

Through immutable record-keeping and smart contracts, blockchain provides a secure and transparent platform for managing IP rights, facilitating collaboration, reducing disputes, and unlocking new opportunities for innovation and monetization.

IP 52

IP Intellectual Property Ownership Contracts 52

LexBlog IP

AUGUST 9, 2022

NBA star Zion Williamson has more to celebrate than his recently announced five-year maximum rookie contract extension with the New Orleans Pelicans , worth up to $239 million. Williamson was also victorious in a lawsuit he filed against his former agent Gina Ford, and her agency Prime Sports Marketing LLC (“Prime Sports”).

Contracts 52

Contracts Branding Brands Branding 52

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. 2019) 402 F.Supp.3d 2018) 893 F.3d

Blogging 101

Blogging Contracts Law Privacy 101

Technology & Marketing Law Blog

OCTOBER 14, 2022

Bowers, 2019 Del. & Safety, 2019 U.S. Lamothe, 2019 U.S. State, 2019 Ark. 3, 2019 U.S. Friends of Wwoz, 2019 U.S. Loethen, 2019 U.S. Zinntex appeared first on Technology & Marketing Law Blog. Cases referencing thumbs-up emojis: 2 Bubbles LLC v. Trial Order LEXIS 38 (Del. Angelakos v.

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Technology & Marketing Law Blog

JULY 20, 2023

For what are likely good reasons, Amazon deleted his book reviews and removed his ability to write new ones in October 2019. Breach of Contract. Plus, the contract reserved Amazon’s right to delete content and terminate accounts in its sole discretion. Amazon appeared first on Technology & Marketing Law Blog.

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Contracts Social Media Publishing Blogging 61

Technology & Marketing Law Blog

FEBRUARY 27, 2022

But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. After the same court’s hiQ Labs decision from 2019, it wasn’t clear whether that was still good law. Breach of Contract 2. Trespass 5. Dilution 7.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Kluwer Copyright Blog

DECEMBER 12, 2022

Concomitantly, the imposition of APCs has created new, and sometimes insurmountable, barriers to publication for researchers that are not affiliated to a contracting institution. [6] 8b Ordinary publishing contracts between authors and publishers on which the “Big Deals” largely rely, however, rarely, if ever, provide for such remuneration.

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Copyright Publishing Journalism Art 125

Kluwer Copyright Blog

APRIL 21, 2023

2021-580 of 12 May 2021 (‘transposition Order’) of the French Government implements articles 2(6) and 17 to 23 of the EU Directive 2019/790 on copyright and related rights in the Digital Single Market (‘CDSM’). Image by Pexels from Pixabay Order no.

Contracts 56

Contracts Intellectual Property Music Cinema 56

Kluwer Copyright Blog

NOVEMBER 28, 2022

Article 20 provides for a mechanism to adjust the financial situation if the exploitation of the work ultimately shows that the initial contract is not fair for the author. It is possible to assess the damage suffered by the author under the unfair contract by reference to the practices of the sector (Court of Appeal of Paris, 15 May 1987).

Contracts 96

Contracts Intellectual Property Cinema Copying 96

Kluwer Copyright Blog

NOVEMBER 29, 2022

In 2019, the EU’s Copyright in the Digital Single Market Directive (CDSMD) was adopted. Commentators have expressed concern that this would amount to a court mandated duty to contract. The disparity represents a striking fragmentation of the Single Digital Market. Image by Clker-Free-Vector-Images from Pixabay.

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Reporting Marketing Marketing Copyright 52

Olartemoure Blog

JUNE 2, 2022

Exportation is performed within market conditions according to quantity and modality corresponding to the nature of the product. On 23 May 2022, a Merger Agreement was signed between the stock exchanges of Colombia, Chile and Peru to form the largest capital market in Latin America. 06/02/22 – Corporate.

Higher Education 59

Higher Education Intellectual Property Television Trademark 59

Kluwer Copyright Blog

JUNE 7, 2023

This examined the problem of authors’ remuneration: authors’ contracts tend to result in disproportionately low revenues relative to the returns of investors and intermediaries. Importantly, the parties may not contract out of this right to readjustment. On this prompt, Prof.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

Kluwer Copyright Blog

SEPTEMBER 28, 2022

The recent signing of the Digital Markets Act and the ongoing negotiations on the proposal for a Data Act present excellent opportunities to expand on the novel phenomenon. Portability as a Consumer Contract Remedy. What is portability in the first place, and what does it mean in European law?

IP 94

IP Contracts Social Media Copying 94

Kluwer Copyright Blog

DECEMBER 6, 2023

Photo by Aaron Burden on Unsplash In 2019, the European Union (EU) adopted its most important copyright reform in the past 20 years with the Copyright in the Digital Single Market (DSM) Directive. Publishers and authors embraced their societal responsibility without the need for external intervention or additional legal framework.

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Copyright Publishing Marketing Marketing 116

Technology & Marketing Law Blog

DECEMBER 6, 2022

hiQ Labs has been dormant and effectively insolvent since 2019. In spring 2021, hiQ Labs had its motion to dismiss denied on LinkedIn’s misappropriation, breach of contract, and trespass to chattels claims. Breach of Contract. The CFAA is in part a criminal statute and breach of contract claims are not. The opinion.

Blogging 77

Blogging Contracts Litigation Law 77

The IP Law Blog

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. That disclosure may therefore be consideration for a promise to pay.

Contracts 96

Contracts Law Artwork Copyright 96

Olartemoure Blog

OCTOBER 3, 2023

Considering the above, the main basis for the processing by Meta of the referred data would be informed consent, granted through the acceptance of the service contract. However, in its 2019 decision, the German competition authority held that such consent was not valid, insofar as it was not freely given.

Law 105

Law Privacy Contracts Marketing 105

The IPKat

OCTOBER 6, 2021

Conferences, webinars On October 18, the Institute for Intellectual Property and Market Law (Stockholm University) will hold an online conference devoted to ‘ The Making of EU Copyright ’. The occasion of the conference is the publication of Eleonora Rosati’s book, " Copyright in the Digital Single Market.

Intellectual Property 67

Intellectual Property Copyright Law Registration Copyright 67

Technology & Marketing Law Blog

APRIL 8, 2023

Per E-SIGN, the answer should be yes, but standard requirements for online contract formation are increasingly demanding more effort from consumers to signal their assent. Usually contracts with minors are voidable by the minor, but even then, other courts have required the contracting process to be clear enough for minors to understand.

Privacy 126

Privacy Law Contracts Designs 126

LexBlog IP

APRIL 1, 2022

Although NFTs have existed since around 2014, the NFT market exploded last year, generating an estimated $25 billion in sales in 2021 alone. [1] 7] However, because the SEC typically has analyzed other digital assets under the rubric of “investment contracts,” we focus on that category of securities here. Howey Co. ,

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Non-Fungible Tokens Law Contracts Artwork 52

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. The purpose of copyright, its social and innovation function, is thereby seriously undermined.

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Copyright Art Licensing Contracts 121

Technology & Marketing Law Blog

DECEMBER 26, 2023

” The mere operation of a website with later follow-up for price quotes, contract execution, and installation insufficiently establishes qualification.” lip Copy The post 2023 Quick Links: Section 230 appeared first on Technology & Marketing Law Blog. ” [This is obviously wrong.] * Cono v. Facebook, 2021 Cal.

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Publishing Law Marketing Marketing 86

Kluwer Copyright Blog

JANUARY 9, 2023

It is interesting to look at this Report against the background of the 2019 EU rules for the liability of platforms like YouTube through the famous Art. 17 DSM Directive 2019/790 (“DSMD”). . Garrix had entered into a record production contract with the label at a very young age.

Copyright 95

Copyright Blogging Fair Use Reporting 95