43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

False Advertising 72

False Advertising Advertising Advertising Social Media 72

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. At most, Plaintiffs’ allegations establish that Meta encouraged and solicited third parties to advertise on its platform. & Prof.

Contracts 108

Contracts Advertising Advertising Publishing 108

Technology & Marketing Law Blog

DECEMBER 10, 2022

It had favorable organic indexing that made it some money, and it bought Adwords advertising that made it more money. But over time, its organic indexing declined and so did its conversion rate on advertising. 2 claim, alleging that Google willfully monopolized a market. But which market? Case dismissed.

Advertising 101

Advertising Advertising Marketing Marketing 101

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.

Blogging 96

Blogging Contracts Cease and Desist Social Media 96

43(B)log

MARCH 14, 2023

As alleged, Each ISP’s contract grants it a certain service area, or “route,” and the ISP is permitted to sell its route to another entity if they can agree on terms. Together they are known as CSPs, contracted service providers. Was this “commercial advertising or promotion”?

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

DECEMBER 16, 2022

Roup, 2022 WL 17670418, No. 12, 2022) Plaintiffs sued defendants for copyright infringement, violation of the Lanham Act, breach of contract, and violation of unfair competition law; copyright and breach of contract claims survived a motion to dismiss but the others didn’t. Breach of contract claims survived.

Marketing 59

Marketing Marketing False Advertising Contracts 59

43(B)log

JANUARY 3, 2024

CCM counterclaimed for abuse of process and for violations of the Lanham Act and related state laws; one ex-employee also brought counterclaims against loanDepot for breach of contract and breach of the implied covenant of good faith and fair dealing. The false association/coordinate state law claims survived. Ankura Consulting Grp.,

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

43(B)log

FEBRUARY 7, 2022

2022 WL 320952, No. Vohra Wound Physicians” is used to refer to their physician practice groups in marketing materials and in contracts with facilities. Wound Care Concepts, Inc. Vohra Health Services, P.A., 19-62078-CIV-SMITH (S.D. Defendants (with one exception) are physician practice groups and their management company.

Advertising 59

Advertising Advertising False Advertising Contracts 59

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

Technology & Marketing Law Blog

MARCH 29, 2022

” Breach of Contract. The alleged breaches appear to be the game’s failure to enforce possible contract breaches by other users. Innogames, 2022 U.S. March 28, 2022). Forge of Empires appeared first on Technology & Marketing Law Blog. ” Products Liability. Implications. LEXIS 55640 (W.D.

Contracts 113

Contracts Advertising Advertising Confidentiality 113

43(B)log

DECEMBER 19, 2022

4th -, 2022 WL 17726673, No. 16, 2022) Affirming the district court , the court of appeals agreed that Coinbase’s arbitration agreement didn’t cover claims based on a sweepstakes it ran, which had a separate set of rules that didn’t compel arbitration. a company hired by Coinbase to design, market, and execute the sweepstakes.

Contracts 59

Contracts False Advertising Advertising Advertising 59

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.,

Social Media 115

Social Media Contracts Advertising Advertising 115

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. Likewise, essential facilities doctrine, edging toward common carrier—firms that control essential/important bottleneck for market participation can be required to give access. What are you going to do instead, advertise on Bing?

Law 119

Law Branding Brands Branding 119

The IPKat

JUNE 13, 2022

The non-fungible part means that it is something that has unique value based on the buyer’s sentiment and/or market dynamics. In practice, what this means is that a whole new market has been opened-up as NFTs have provided a system that has enabled the sale of digital items by transforming them into collectables, such as a tweet.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

IPilogue

DECEMBER 8, 2022

The Singapore High Court ruled on 21 October 2022 that non-fungible tokens (NFTs) can now be considered property, Coindesk reports. They are minted using smart contracts. He then advertised sale of the Bored Ape NFT.

Non-Fungible Tokens 118

Non-Fungible Tokens Contracts Advertising Advertising 118

Technology & Marketing Law Blog

JULY 9, 2022

Match Group LLC , 2022 WL 877107 (N.D. March 24, 2022). “the underlying communication created by a third-party, a Match.com user, is truly ‘the specific harmful material at issue,’ not the automatically generated advertisement sent by Match.” Donegan , 2022 WL 992527 (E.D.N.Y. March 31, 2022).

Advertising 122

Advertising Advertising Publishing Blogging 122

Technology & Marketing Law Blog

JANUARY 12, 2022

So it’s a nostalgic kick to blog a pure click fraud ruling in 2022. ” For standing purposes, it doesn’t matter that he still advertises through AdWords. Also, many advertisers are pretty sophisticated and would interpret Google’s statements more skeptically than Singh did. Commonality. ” Typicality.

Advertising 83

Advertising Advertising Settlement Blogging 83

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 7, 2022

Prager tried a variety of contract-based workarounds to Section 230. At most, the Advertiser-friendly content guidelines permit users to “request human review of [monetization] decisions made by [defendants’] automated systems.” Note how this explicitly covers both leave-up and takedown decisions.

Contracts 137

Contracts Publishing Law Government 137

Technology & Marketing Law Blog

NOVEMBER 30, 2022

Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? I guess RCN can better manage its copyright liability exposure by advertising that it provides shitty connections.

Copyright 127

Copyright Advertising Advertising Copyright Infringement 127

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%. Defendant Marble is Issuance’s co-founder and chief executive officer.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. 28, 2022): – “Defendants argue that May fails to allege a specific action Defendants took or failed to take that breached a duty under the CCPA to maintain “reasonable” security measures.

Social Media 73

Social Media Privacy Advertising Advertising 73

43(B)log

NOVEMBER 28, 2022

2022 WL 17218077, No. 2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. Thus, Monster argued that the survey only tested responses to Bang cans and labels, rather than the entirety of Vital’s advertisements. Monster Energy Co.

False Advertising 59

False Advertising Advertising Advertising Social Media 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. 2022 WL 4372349 (N.D. & Prof. Section 230.

Contracts 93

Contracts Social Media Advertising Advertising 93

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 does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 97

Contracts Registration Designs Design 97

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

43(B)log

JUNE 15, 2022

2022 WL 1599712, No. 19, 2022) The parties compete in the market for energy drinks. Monster alleged that VPX falsely advertised Super Creatine as a source of creatine providing numerous physical and mental benefits, advertising that BANG can improve brain function, has anti-depressive effects, and helps build muscle.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Technology & Marketing Law Blog

JUNE 9, 2022

BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 105

Contracts Privacy Social Media Advertising 105

43(B)log

SEPTEMBER 26, 2022

2022 WL 4367597, No. 21, 2022) Demetres, a real estate salesperson/broker, alleged that Zillow violated the Lanham Act, the Sherman Act, and the Connecticut Unfair Trade Practices Act, and engaged in tortious interference with contractual relationships. Demetres v. Zillow, Inc., 3:21cv00802 (JBA) (D.

Government 59

Government Law Advertising Advertising 59

43(B)log

JULY 1, 2022

2022 WL 2355481, No. 30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” At least there's something that doesn't? 1:21-CV-274-HAB (N.D.

Advertising 59

Advertising Advertising False Advertising Public Use 59

TorrentFreak

FEBRUARY 24, 2023

After thriving in what was once a localized traditional market, Japanese comics known as ‘manga’ took the world by storm. Publishers and authors could only watch as their work fueled a huge but unlicensed black market. Publishers Seek Help From U.S.

Publishing 119

Publishing Advertising Advertising Music 119

Technology & Marketing Law Blog

JUNE 10, 2022

Breach of contract, perhaps? But that would only be enforceable by users in contract privity). Is it false advertising for Facebook to describe the groups as “private”? Does that create a claim for false advertising? 2022 WL 2063231 (D. June 8, 2022). Case citation : Davis v. The complaint.

Privacy 135

Privacy False Advertising Contracts Advertising 135

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. ” This is a highly defense-favorable reading of the contract provision. 2022 WL 4021776 (N.D. eBay case from 2008.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. Pixels appeared first on Technology & Marketing Law Blog.

Artwork 98

Artwork Trademark Publishing Marketing 98

TorrentFreak

NOVEMBER 19, 2022

It’s currently available via free download and generates revenue from in-app advertising, some of it provided by Google according to a recent analysis. Part of this success is likely attributable to the “smooth” and “lag-free” streams PikaShow advertises. PikaShow Markets to the Masses.

Advertising 122

Advertising Advertising Copyright Editing 122