Technology & Marketing Law Blog

NOVEMBER 30, 2022

I guess RCN can better manage its copyright liability exposure by advertising that it provides shitty connections. Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? The court says it’s possible to contributorily violate 1202.

Copyright 126

Copyright Advertising Advertising Copyright Infringement 126

IP and Legal Filings

APRIL 8, 2022

Click wrap agreements are contracts between a service provider and an online user in which the user must agree to the terms and conditions of the service provider before utilizing any website or programme. Before installing software or using a website, a user must click on a box or button in the Click wrap Contract.

Contracts 52

Contracts Law Business Technology 52

IP and Legal Filings

APRIL 8, 2022

Clickwrap agreements are contracts between a service provider and an online user in which the user must agree to the terms and conditions of the service provider before utilizing any website or programme. Before installing software or using a website, a user must click on a box or button in the Clickwrap Contract.

Contracts 52

Contracts Law Business Technology 52

43(B)log

MARCH 23, 2023

Apple argued that plaintiffs in fact received the “right to the use of” the digital content at issue here, so its advertising was not misleading regardless of whether their ability to access that digital content later disappeared. But that “right to use” argument cannot carry the water that Apple asks it to carry.

Licensing 72

Licensing Advertising Advertising Ownership 72

Traverse Legal Blog

APRIL 17, 2021

An NFT is a Smart Contract, meaning that it embeds specific basic contract terms in the NFT metadata that goes onto the blockchain. That Smart Contract, that token that can have unique data associated with it. Few other sales of assets require you to search to find the contract terms.” “Who’s the owner?

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

The TTABlog

JULY 31, 2023

& design for "extended warranty services, namely, service contracts; Providing extended warranties on motor vehicles, namely, extended service contracts covering mechanical breakdown or failure in which a vehicle dealer will provide repairs.] Kenneth Thomas , Opposition No. August 3, 2023 - 1 PM: Mealpass, Inc. Mealpal, Inc.

Contracts 52

Contracts Registration Designs Design 52

43(B)log

JUNE 6, 2023

Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). Enigma alleged that its software products “(i) detect and remove malicious software (i.e.,

False Advertising 59

False Advertising Advertising Advertising Business 59

Technology & Marketing Law Blog

JULY 9, 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.” ” The court rebuffed the FTC’s attempt to distinguish Dyroff. ’”. . ” The FTC cited Anthony v.

Advertising 121

Advertising Advertising Publishing Blogging 121

LexBlog IP

JANUARY 19, 2023

Download the FEMA Mobile App to get alerts and information. Walk away if they demand cash payments up front, or refuse to give you copies of their license, insurance, and a contract in writing. They’ll advertise rentals that don’t exist to get your money and run. Spot FEMA impersonators charging application fees.

Privacy 40

Privacy Reporting Contracts Advertising 40

43(B)log

APRIL 29, 2024

It advertised “This device was one of the most popular items on a popular 3D printing website with over 20,000 unique downloads” on its website, at a time when Leszczynski’s Thingiverse page displayed that his Cube had been downloaded 20,000 times. The breach of contract claim survived.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

LexBlog IP

NOVEMBER 10, 2022

The cards displayed prominently a number of trademarks owned by Juventus, including the iconic black and white stripes pattern and the contracted version of the club’s name “Juve”, typically used by fans. Amongst other, the company produced NFTs reproducing the image of a famous Juventus former player. Key legal takeaways.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Marketing Marketing 52

The IPKat

DECEMBER 13, 2022

The NRR allows copyright holders to register and view/download copyright certificates digitally. The court’s decision was hinged on the fact that the applicant had misrepresented to the respondent that there was a name change when in fact, the company with whom the respondent had earlier contracted was liquidated.

Copyright 120

Copyright IP Music Ownership 120

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. A website can own the copyrights to the HTML code and the files that users download.

Licensing 88

Licensing Copyright Contracts Advertising 88

Kluwer Copyright Blog

JANUARY 26, 2022

Besides, creators can benefit from smart contracts and determine that a certain percentage of the sales price goes to the original creator each time the work is resold. Blockchain-powered timestamps coupled with smart contracts could help address complex copyright and other IP-related problems (patents, trademarks, etc.)

Ownership 117

Ownership IP Non-Fungible Tokens Technology 117

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

TorrentFreak

OCTOBER 25, 2022

The IWL is shared among brands, advertising companies, agencies and affiliates, who are informed that responsible companies boycott pirate sites because it a) protects their image and b) starves pirate sites of much-needed cash. Total IWL domains that have advertising on them. More than 6,000 Domains Have Ever Appeared on the IWL.

Intellectual Property 115

Intellectual Property Advertising Advertising Contracts 115

IP and Legal Filings

JANUARY 4, 2022

The competent offices of the Contracting States must indicate in official documents and in any publication, the issue in respect of the registration of marks the numbers of the classes of the Classification to which the goods or services for which the mark is registered belong.

Intellectual Property 52

Intellectual Property Registration Music Designs 52

43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. Gannett derives revenue from the Ad Meter Platform, which included its own advertisement and sponsorship revenue.

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the case to arbitration. The district court disagreed. Warner Bros. before playing GOTC.

False Advertising 82

False Advertising Government Privacy Designs 82

Technology & Marketing Law Blog

JANUARY 12, 2024

Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. Copyright and contract law that may restrict legally what the user may do with the “copies” that are now resident in the device RAM.

Copying 74

Copying Ownership Derivative Work Contracts 74

Traverse Legal Blog

MARCH 3, 2021

Risks for all stakeholders include FTC Part 255 regulations for endorsements and influencer contract drafting and, in this game, one of the things we’re going to be talking about is, you know, intellectual property. These are the contract terms that are the most obvious to all the stakeholders in the influencer-marketing game.

Marketing 81

Marketing Marketing Branding Brands 81

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

Intepat

FEBRUARY 7, 2023

Content-based industries such as music, advertising, movies, gaming, luxury, clothing, etc., Copyrights, trademarks, patents, and trade secrets along with cross-licensing, advertising and royalties are just a few of the legalities that must be carefully managed as IP enters the metaverse. are all prevalent in the metaverse as well.

IP 52

IP Law Invention Licensing 52

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. It ought to function similarly to how online contracts are upheld. It might be more difficult than ever in the metaverse to police brands.

Trademark 82

Trademark Non-Fungible Tokens Branding Brands 82

Technology & Marketing Law Blog

MAY 25, 2022

The panel expressly acknowledges that Zauderer “is typically applied in the context of advertising and to the government’s interest in preventing consumer deception,” which sound like pretty good reasons to not adopt this standard. McManus ruling, which rejected some mandatory disclosures about political advertising.

Social Media 97

Social Media Law Blogging Publishing 97

Copyright Lately

OCTOBER 25, 2021

” They argued that had Twain really written the book, Clemens’ estate would own the copyright and Harper would have the exclusive right under contract to publish it. You can judge for yourself by downloading a copy of “Jap Herron” here. One of the few remaining originals will set you back at least $400 on eBay.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

TorrentFreak

JULY 23, 2023

All third-party services we use are bound by a contract with us to never use the information of our users for their own purposes and not to disclose the information to any third parties unrelated to the service. This feature comes with fast download speeds and unlimited bandwidth. This data is deleted when an account is deleted.

Privacy 137

Privacy IP Technology Reporting 137

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

43(B)log

OCTOBER 4, 2021

In this recent case, Epic sought to register this design for "downloadable video game software"—the Loot Llama in Fortnite, which serves as a resource cache for players. 30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act. 19-3009 (RDM) (D.D.C.

IP 94

IP Trademark Advertising Advertising 94