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

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products.

Business 131

Business Contracts Branding Brands 131

Technology & Marketing Law Blog

AUGUST 23, 2022

This is one of the dozens of lawsuits alleging that social media services addict kids. Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Snap has entered into contracts with thousands of Oregon residents.

Social Media 115

Social Media Contracts Advertising Advertising 115

43(B)log

APRIL 26, 2022

2022 WL 912890, No. Meta’s Ads Manager displays a “Potential Reach” for an ad after advertisers select their targeting and placement criteria; the default for people in the United States aged 18 and up was over 200 million people, revised as demographic targeting criteria are selected. DZ Reserve v. Meta Platforms, Inc.,

Advertising 66

Advertising Advertising Social Media Contracts 66

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

LexBlog IP

AUGUST 17, 2023

Another targets The Center for Countering Digital Hate (CCDH), a UK nonprofit known for scraping the platform to quantify the proliferation of hate speech, for breach of contract, intentional interference with contractual relations, inducing breach of contract, and civil violations of the Computer Fraud and Abuse Act (CFAA).

Social Media 40

Social Media Contracts Privacy Advertising 40

The IPKat

DECEMBER 14, 2023

Interested readers can find the Africa IP Highlights 2022, here. The Regulations were made pursuant to section 45 of the Copyright and Neighbouring Rights Act and came into force on 18th March 2022. The photographer, Esther Umoh called this person out for copyright infringement on social media platform “X”.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

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

Technology & Marketing Law Blog

JUNE 2, 2022

She tattooed the Sedlik photo onto Farmer and promoted the tattoo on social media. “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or social media posts about the Tattoo.” May 31, 2022). Tattoo Advertising/Human Billboards. Nature of the Work.

Copyright 143

Copyright Social Media Fair Use Licensing 143

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

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

Trading Secrets

MARCH 22, 2022

2022), the Second Circuit held that JLM Couture’s non-compete was enforceable through New York’s oft-overlooked “uniqueness” exception. Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions. Cohen , 173 F.3d Gutman , No.

Social Media 59

Social Media Contracts Confidentiality Business 59

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

43(B)log

MARCH 4, 2022

Tito & Tita Food Truck, LLC, 2022 WL 622234, No. 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. Pan 4 America, LLC v. DLB-21-401 (D.

Social Media 72

Social Media Advertising Advertising Business 72

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

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

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

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

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

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

LexBlog IP

OCTOBER 4, 2022

On October 3, 2022, the Securities and Exchange Commission announced charges against Kim Kardashian for violation of the anti-touting provision of the Securities Act, Section 17(b), specifically for “touting on social media a crypto asset security offered and sold by EthereumMax without disclosing the payment she received for the promotion.”

Social Media 52

Social Media Intellectual Property Business Registration 52

43(B)log

FEBRUARY 18, 2022

Emma Perot, Publicity Rights, Celebrity Contracts, and Social Norms: Industry Practices in the US and UK Fenty v Topshop: Misrepresentation/passing off theories were successful for Rihanna in UK. Influence of law, desire to contract, social norms. Industries: advertising, merchandising, movies/TV, and video games.

Fair Use 59

Fair Use Contracts Litigation Copying 59

Corsearch

APRIL 19, 2023

Read insights from fashion brand Tommy Hilfiger and a leading social media consultant on how brands can raise awareness of the dangers of counterfeits and turn this into a positive message for change. Gone are the days of consumers relying on official company websites and advertising to make purchasing decisions.

Branding 40

Branding Brands Branding Social Media 40

43(B)log

FEBRUARY 18, 2022

Jim Gibson, Against Reputation In contracts, defamation, TM, conceptions of reputation are misguided. Traditional advertising can change firsthand consumer impressions, both pre and post experience—telling consumers coffee isn’t bitter makes their impressions of bitterness change, etc. How is reputation constructed in law?

Copyright 69

Copyright Business Branding Brands 69

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

IP Tech Blog

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law. And in February 2022, Nike, Inc.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

IP and Legal Filings

FEBRUARY 20, 2024

Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. The plaintiff filed the defence of personality rights infringement based on the contract that allocated the personas to them. Rights are crucial in today’s competitive world of celebrities competing for fame and advertising.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

Technology & Marketing Law Blog

JUNE 22, 2023

The CJPA creates a royalty pool of the “revenue generated through the sale of digital advertising impressions that are served to customers in the state through an online platform.” Publishers can charge for advertising in many ways, including ad impressions (CPM), clicks, actions, fixed fee, etc. 127 (2022).

Journalism 90

Journalism Social Media Publishing Government 90

LexBlog IP

OCTOBER 28, 2021

The new requirements set out in the Directive must then come into force by 28 May 2022. Traders must also disclose paid advertising and whether specific payments have been made to achieve a higher ranking in the search results. EU Member States must adopt national implementation measures by 28 November 2021.

Social Media 52

Social Media Business Contracts Advertising 52

Copyright Lately

FEBRUARY 6, 2022

. “And that typically begs the question about rights…” The world of NFTs is littered with examples of startups run by folks who either don’t know, don’t understand or don’t care about obtaining permission from the owners of the underlying work for the NFTs they’re advertising and minting.

Music 93

Music Social Media Artwork Intellectual Property 93

LexBlog IP

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law. And in February 2022, Nike, Inc.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

JANUARY 5, 2024

2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength.

Branding 59

Branding Brands Branding Marketing 59

IIPRD

JANUARY 18, 2022

NFTs are created using “smart contracts,” which are software codes that govern actions such as validating ownership and regulating their transferability. Even premium watch brands are promoting NFT auctions through the many social media platforms accessible. is here to stay, and there’s no end in sight.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. In 2022, “Gucci” and “Roblox” opened a permanent “Gucci Town” as part of their ongoing partnership.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

The IPKat

MARCH 27, 2022

The House of Bruar admitted infringement of the Amira boot, such that it was only the Regina boot that was at issue in the recent judgment of Miss Recorder Amanda Michaels in Fairfax & Favor v House of Bruar [2022] EWHC 689. Three versions of a boot sold by House of Bruar were at issue - Versions 1, 2 and 3.

Designs 52

Designs Design Copying Art 52