Technology & Marketing Law Blog

MARCH 29, 2022

She played the game virtually every day from 2016-19–over 10,000 hours worth–and spent over $9,000 on in-game transactions. ” Breach of Contract. The alleged breaches appear to be the game’s failure to enforce possible contract breaches by other users. ” Products Liability. Implications.

Contracts 113

Contracts Advertising Advertising Confidentiality 113

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch.

Advertising 40

Advertising Advertising Law Privacy 40

IP and Legal Filings

DECEMBER 25, 2022

The current trend in internet law, has tended to elevate companies’ rights through contracts and licences while demoting owners to simple users. [1] 5] Despite the fact that NFTs are managed by smart contracts, they are advertised, sold, collected, exhibited, transferred, invested, and generally handled as personal property by people.

Non-Fungible Tokens 80

Non-Fungible Tokens Government Law Intellectual Property 80

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 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. 2016); Nat’l Numismatic Certification, LLC v. Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. Google, Inc. , 3d 1265 (M.D.

False Advertising 141

False Advertising Contracts Editing Advertising 141

Trading Secrets

JUNE 22, 2022

The court found that section 16601 applied as a matter of law because the defendant “dispos[ed] of all of his … ownership interest” in one transaction agreement while concurrently agreeing under an employment agreement and that both contracts, along with other contracts the parties executed, were drafted to accomplish the parties’ joint venture.

Ownership 98

Ownership Business Contracts Law 98

43(B)log

SEPTEMBER 21, 2021

Matthew Bender argued that the omissions were an unfortunate mistake but not actionable misconduct; among other things, the sales contracts expressly disclaimed the accuracy, reliability, and currentness of the Tanbook. And the misrepresentations weren’t materially misleading “under all the circumstances, including defendant's disclaimer.”

Editing 45

Editing Contracts Copying Law 45

Trading Secrets

MARCH 22, 2022

Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions. While the contract was originally to run through 2016, the parties extended the agreement through August 1, 2022. JLM Couture, Inc. Gutman , 24 F.4th

Social Media 59

Social Media Contracts Confidentiality Business 59

TorrentFreak

MAY 17, 2022

Whether it always performs as advertised is up for debate but there are videos showing it in action on Amazon and other platforms quickly downloading files, rather than attempting to record the screen. Anyone who breaches their legal agreement with a platform is, at a minimum, in breach of relevant contract law. Copyright Law and DRM.

Copying 115

Copying Social Media Licensing Technology 115

Technology & Marketing Law Blog

SEPTEMBER 10, 2022

He paid money to get extra visibility for his dating profile and claims he got poor results, so he sued Bumble for false advertising. Alkutkar joined Bumble in 2016. Bumble successfully redirects the case to arbitration based on its TOS. In January 2021, Bumble sought to add an arbitration clause to its TOS.

False Advertising 126

False Advertising Marketing Marketing Advertising 126

LexBlog IP

JANUARY 12, 2022

Such music is used as a background for the broadcasting of advertising messages that are heard in such commercial spaces on a daily basis. The advertising messages are played at a higher volume than the music. It may therefore be concluded that such right is not assigned to a CMO. Endnotes. (1) 1) Law 2121/1993. (2) 3) Decision No.

Music 52

Music Copyright Television Related Rights 52

SpicyIP

NOVEMBER 8, 2023

The person was later convicted in 2016. Although Google faced some challenges and penalties before the Competition Commission of India, and Indian start-ups complained about unfair Google Ad-Sense contracts , more or less, things were in Google’s favour on the trademark front. ruling on Indian businesses and trademark holders?

Trademark 59

Trademark Publishing Journalism Copyright 59

Kluwer Copyright Blog

NOVEMBER 17, 2021

Parts 2 to 4 will address exploitation rights, related rights, exceptions and limitations, copyright contract law and enforcement. The listings were advertised using photographs uploaded by the plaintiff, which had the wording “CT-Paradies” on them. “CT-Paradies” 1] BGH, 5 November 2015, Wagenfeld-Leuchte II , NJW 2016, 2338. [2]

Moral Rights 52

Moral Rights Law Copyright Copyright Law 52

LexBlog IP

DECEMBER 28, 2021

Provided data privacy is regulated on a state-by-state level, businesses need to know which jurisdictions they offer or advertise their services and products to, or collect and utilize consumer data from.   2016: NIST SP 800-171. Ensure data privacy measures are included in contracts. Outside of the U.S.,

Privacy 52

Privacy Government Intellectual Property Business 52

LexBlog IP

JANUARY 10, 2022

Since 2016, a statute requires the FTC to update yearly its maximum civil penalty pursuant to a specific formula. Well, as my contracts professor used to say, “Always read to the end of the statute.” With that background out of the way, lets return to the task at hand – calculating penalties.

Settlement 52

Settlement Blogging Privacy Law 52

Technology & Marketing Law Blog

JANUARY 24, 2023

Musk bought Twitter, changing its competitive posture (more #MAGA, fewer journalists), decreasing its advertiser base, and otherwise causing Twitter’s implosion. Previous year-in-review lists from 2021 , 2020 , 2019 , 2018 , 2017 , 2016 , 2015 , 2014 , 2013 , 2012 , 2011 , 2010 , 2009 , 2008 , 2007 , and 2006.

Law 114

Law Social Media Government Privacy 114

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

FEBRUARY 24, 2023

New facts: Many doctrinal foundations—comparative advertising, LOC where market structure and expectations of consumer behavior have changed. Contract law: recently, Adidas decided Ye was too toxic to work with and cancelled deal. In 2016, the Second Circuit says do multifactor test + NFU factors.

Trademark 49

Trademark Branding Brands Branding 49

The IPKat

MARCH 27, 2022

By 2016, employees of the House of Bruar were aware of Fairfax & Favor. Those conversations continued into 2016, but did not lead to sales. In 2016, the sales agent sent House of Bruar's ladieswear buyer (Mrs Meikle) a Fairfox & Favor brochure which included the Heeled Regina boot. 2) [1997] R.P.C.

Designs 52

Designs Design Copying Art 52

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. In 2016, author Gerald Brittle alleged that the Warner Bros. affirmed the district court’s grant of summary judgment for the advertisers.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 19, 2021

With the dramatic increase in trade secret cases since the 2016 passage of the Defend Trade Secrets Act (DTSA), and the large damages awards in many of these cases, it is now more crucial than ever to properly understand how to assess and calculate damages in trade secret cases. Recent Conflicts between the DTSA and State Trade Secrets Laws.

Patent Application 52

Patent Application Law Patent Publishing 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. 2016; resubmitted May 2018). September 23, 2016. August 30, 2016. April 5, 2016.

Litigation 52

Litigation Settlement Marketing Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

2016; resubmitted May 2018). September 23, 2016. August 30, 2016. April 5, 2016. November 2016. Citing this joint statement in a July 2021 press release , FDA announced that it had issued an untitled letter to Amgen citing issues with a banner advertisement of its biological product, Neulasta ® (pegfilgrastim).

Litigation 52

Litigation Settlement Patent Marketing 52