Technology & Marketing Law Blog

SEPTEMBER 9, 2022

eBay case from 2008. ” This is a highly defense-favorable reading of the contract provision. Apple appeared first on Technology & Marketing Law Blog. It’s also another example where changing Section 230 would not change the outcome of this case. Implications. Apple, Inc. 2022 WL 4021776 (N.D.

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Technology & Marketing Law Blog

JULY 22, 2021

6:08-cv-42-Orl-19GJK, 2008 WL 2704404 at *24 (M.D. July 8, 2008). Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. This opinion tacks on more ideas: false advertising, deceptive trade practices, tortious interference, and “claims sounding in contract or tort.”

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False Advertising Contracts Editing Advertising 141

IP and Legal Filings

AUGUST 25, 2023

These enterprises are not free from such duties simply because they are new to the market. v] The Contract Labour (Regulation and Abolition) Act, 1970: The Act’s goal is to control the working conditions of contract labourers in factories and industries. v] The Contract Labour (Regulation and Abolition) Act, 1970. [vi]

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Law Contracts Business Government 74

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Didion (2008) 160 Cal.App.4th Consumer Contracts (Tent.

Contracts 78

Contracts Blogging Advertising Advertising 78

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. . Read more. .

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Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. . Read more. .

Social Media 52

Social Media Branding Brands Branding 52

IIPRD

JUNE 21, 2021

Cryptocurrency is a comparatively new word to the average Indian citizen despite the digital currency and the technology behind it i.e. blockchain being around for more than a decade with the establishment of the Bitcoin in 2008 as the first major cryptocurrency in the world. [i] ii] Coin Market Cap, [link].

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Technology & Marketing Law Blog

JULY 9, 2022

Again, were the claim otherwise viable here, Apple’s liability would be premised on its participation in marketing and distributing an illegal gambling device. Dismissing the case again , but saying breach of contract claim (and associated conversion/replevin claims) might have a chance if repled properly. Craigslist, Inc. ,

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Advertising Advertising Publishing Blogging 121

SpicyIP

NOVEMBER 8, 2023

Speaking of this topic, I can’t miss Bedaquiline , the first new drug to receive approval to treat tuberculosis (TB) in over 40 years, which raised serious questions about its marketing approval without mandatory Phase III clinical trials in India and around informed consent of Indian patients.

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The IPKat

NOVEMBER 20, 2023

In his inaugural season, he finished runner-up; in 2008, he won his first title to become the then-youngest ever Formula 1 World Champion. In 2014, Lewis Hamilton was ranked ‘the most marketable athlete’. There is no doubt that, within racing motor sports, Lewis Hamilton is a famous person. Lewis Hamilton joined Formula 1 in 2007.

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Garrigues Blog

JUNE 28, 2021

The legal text, dating from 1985, has been reformed on three previous occasions (1992, 2000 and 2008). . This is in line with the Hague System, which requires national designs granted by contracting states to be protected for a minimum of 15 years. Possibility of protecting the design of product components. Braulio Robles.

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Designs Design Intellectual Property Registration 52

Patently-O

SEPTEMBER 13, 2021

In 2005 HTC released the world’s first Windows 3G smartphone (the clamshell HTC Universal) and followed in 2008 with the first smartphone running Google’s Android operating system (branded as the T-Mobile G1). Ericsson and HTC entered into three such licensing agreements in 2003, 2008 and 2014. at *29-30, Higginson, J., concurring).

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Licensing Contracts Patent Law Law 54

IP and Legal Filings

MARCH 29, 2022

With evolution and development in recent trends and creations, every person got the right to protect their artistic creativity by acquiring intellectual property rights to save their invention from being violated by the competition present in the market. INTELLECTUAL PROPERTY KIN OF E-COMMERCE.

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Intellectual Property Intellectual Property Law Artistic Work IP 52

U.S. Department of Commerce

MAY 27, 2021

Since 2008, Calway has exported safe and high-quality nut products, including pecans, walnuts, pistachio, almonds, and other agricultural products, to Hong Kong and China. -based minority-owned businesses and entrepreneurs in becoming successful business and industry leaders. headquartered in Santa Clara, California.

Inventor 68

Inventor Invention Technology Business 68

The IPKat

SEPTEMBER 12, 2021

Abbott has two CGM devices on the market - the Freestyle Libre 1 and Libre 2 - which Abbott claims is the top selling CGM product in the world, used by 3 million people in 50 countries. With a more expensive product than Abbott's, Dexcom has a much smaller UK market share. Libre 2 was launched in October 2020.

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Litigation Patent Marketing Marketing 98

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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Art Marketing Marketing Artwork 52

43(B)log

OCTOBER 25, 2021

For one thing, the only reason the Rogers court even contemplated liability for noncommercial speech was the special marketing role played by titles in particular. I’m sure they have contracts saying that they permitted these uses, but so what? 2008), so the court declined to settle the issue. Wal-Mart Stores, Inc.,

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Artistic Work Social Media Television Trademark 59

LexBlog IP

OCTOBER 18, 2021

There are several exceptions to the notice and consent requirement, including where processing is necessary to enter or perform a contract to which an individual is a party or in the context of human resources management. Interestingly, Chopra’s confirmation also means the FTC will once again be split along party lines.

Privacy 52

Privacy Law Business Editing 52

Trading Secrets

JUNE 3, 2022

2021), the defendant argued that the alleged trade secret—the exact dimensions of a patented spinal implant device for treating degenerative disc disease—was disclosed in a patent and marketing. 16, 2021), the plaintiff alleged that the defendant used the plaintiff’s manufacturer drawings to unfairly compete in the airplane parts market.

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Law Confidentiality Designs Design 59

Kluwer Copyright Blog

JANUARY 16, 2023

Part 1 discusses changes to copyright contract law and the new text and data mining exemption provisions. Changes to copyright contract law (Sections 32 et seqq. In order to implement the copyright contract rules of Articles 18 et seqq. of the DSMD, German copyright contract law, as set down in Sections 32 et seqq.

Copyright 52

Copyright Contracts Copyright Law Law 52

IP Tech Blog

FEBRUARY 1, 2023

Marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

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Advertising Advertising Branding Brands 48

LexBlog IP

FEBRUARY 1, 2023

Marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. Although the ads which were investigated were placed by different advertisers, the ads were representing the same mini-heater product. None of the advertisers responded to the ASA.

Advertising 40

Advertising Advertising Branding Brands 40

Nelligan Law

FEBRUARY 8, 2023

1793 Upper Canada introduces The Act to Limit Slavery in Canada In 1793, the Lieutenant Governor of Upper Canada introduced An Act to Prevent the further Introduction of Slaves and to limit the Term of Contracts for Servitude (the “ Act to Limit Slavery in Upper Canada ”). Nelligan Law strives to be part of that change.

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Law Government Business Contracts 80

Nelligan Law

FEBRUARY 8, 2022

1793 Upper Canada introduces The Act to Limit Slavery in Canada In 1793, the Lieutenant Governor of Upper Canada introduced An Act to Prevent the further Introduction of Slaves and to limit the Term of Contracts for Servitude (the “ Act to Limit Slavery in Upper Canada ”). Nelligan Law strives to be part of that change.

Law 84

Law Government Business Contracts 84

Technology & Marketing Law Blog

MAY 27, 2022

For example, if Salesforce can’t actually engage in content moderation of Backpage’s ads (either because it lacks the technical capacity or the contract didn’t permit it), then what was Salesforce supposed to do to mitigate the harms? Salesforce appeared first on Technology & Marketing Law Blog. 230’s Immunity.

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Blogging Publishing Advertising Advertising 122

43(B)log

FEBRUARY 21, 2022

In Re Folgers Coffee, Marketing Litig., Implied warranty of merchantability: Defendants argued that California requires “privity of contract” between a manufacturer and buyer to maintain such a claim, and all plaintiffs purchased their coffee canisters through a retail intermediary. 2008) (citing Burr v. 2008) (citing Burr v.

Advertising 59

Advertising Advertising False Advertising Business 59

Herbert Smith Freehills

MAY 31, 2022

As strange as it may seem, owning the "perceived defect" gave me the headspace to focus on the actual top priority on my list: I was about to move to the UK for my GDL and did not have a training contract yet. But there comes a point in life when you just have to face your demons or be overcome by them and for me that day arrived in 2008.

Music 52

Music Law Business Contracts 52

Technology & Marketing Law Blog

JANUARY 27, 2022

The Crisis of Online Contracts (as Told in 10 Memes) , Notre Dame J. Previous year-in-review lists from 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006. The post 2021 Internet Law Year-in-Review appeared first on Technology & Marketing Law Blog. Emerging Tech.

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Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants. And yet…a #MAGA Ohio judge sealioned his rejection of Google’s motion to dismiss. at greater risk.

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Law Social Media Government Privacy 113