Technology & Marketing Law Blog

OCTOBER 23, 2021

It’s a reminder that you must consider how you will introduce evidence of contract formation in addition to worrying about the contract terms and formation process. “To the extent the contract pertains to use of Peloton’s Services (e.g., ” Thus, the nonparties cannot be swept into the contract.

Contracts 116

Contracts Registration Litigation Copying 116

Technology & Marketing Law Blog

JULY 14, 2023

This long-running lawsuit started in 2019. The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant. The plaintiffs made several key concessions: plaintiffs do not contend that there is an express contract provision requiring defendants to post plaintiffs’ videos on YouTube.

Contracts 79

Contracts Blogging Litigation Licensing 79

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith. about your goods, products or services”).

Advertising 64

Advertising Advertising Settlement Contracts 64

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 90

Blogging Contracts Copyright Law Copyright 90

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 78

Blogging Copyright Contracts Cease and Desist 78

Traverse Legal Blog

APRIL 6, 2022

While NFTs – aka token contracts- last forever on the blockchain ledger, the linked digital asset could be taken from you or have its value/utility diminished or extinguished. Securities law, contract law, consumer protection laws, and causes of action for fraud and misrepresentation are all possible legal claims.

Licensing 98

Licensing Trademark Contracts Branding 98

LexBlog IP

AUGUST 9, 2022

NBA star Zion Williamson has more to celebrate than his recently announced five-year maximum rookie contract extension with the New Orleans Pelicans , worth up to $239 million. Williamson was also victorious in a lawsuit he filed against his former agent Gina Ford, and her agency Prime Sports Marketing LLC (“Prime Sports”).

Contracts 52

Contracts Branding Brands Branding 52

Technology & Marketing Law Blog

FEBRUARY 13, 2022

Contracts are a state-law issue. And online contracts, even though they exist in the friction-less, boundary-less world of the internet, are also generally governed by state-law principles. There are relatively few state-court cases with outsized influence in the law of online contracts. 2019) 402 F.Supp.3d 2018) 893 F.3d

Blogging 99

Blogging Contracts Law Privacy 99

Technology & Marketing Law Blog

JULY 20, 2023

For what are likely good reasons, Amazon deleted his book reviews and removed his ability to write new ones in October 2019. Breach of Contract. Plus, the contract reserved Amazon’s right to delete content and terminate accounts in its sole discretion. Amazon appeared first on Technology & Marketing Law Blog.

Contracts 59

Contracts Social Media Publishing Blogging 59

Technology & Marketing Law Blog

FEBRUARY 27, 2022

But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. After the same court’s hiQ Labs decision from 2019, it wasn’t clear whether that was still good law. Breach of Contract 2. Trespass 5. Dilution 7.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

Olartemoure Blog

JUNE 2, 2022

Exportation is performed within market conditions according to quantity and modality corresponding to the nature of the product. On 23 May 2022, a Merger Agreement was signed between the stock exchanges of Colombia, Chile and Peru to form the largest capital market in Latin America. 06/02/22 – Corporate.

Higher Education 59

Higher Education Intellectual Property Television Trademark 59

Technology & Marketing Law Blog

DECEMBER 6, 2022

hiQ Labs has been dormant and effectively insolvent since 2019. In spring 2021, hiQ Labs had its motion to dismiss denied on LinkedIn’s misappropriation, breach of contract, and trespass to chattels claims. Breach of Contract. The CFAA is in part a criminal statute and breach of contract claims are not. The opinion.

Blogging 76

Blogging Contracts Litigation Law 76

The IP Law Blog

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. That disclosure may therefore be consideration for a promise to pay.

Contracts 96

Contracts Law Artwork Copyright 96

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. The purpose of copyright, its social and innovation function, is thereby seriously undermined.

Copyright 122

Copyright Art Licensing Contracts 122

Kluwer Copyright Blog

NOVEMBER 24, 2021

Parts 1 to 3 of this post (originally published in “Auteurs & Media”) summarising case law of the German Bundesgerichtshof from 2015 to 2019 are available here , here and here. Copyright contract law (Sections 31 et seqq. Right of remuneration (Sections 32 et seqq.

Contracts 98

Contracts Copyright Law Cease and Desist 98

Technology & Marketing Law Blog

APRIL 8, 2023

Per E-SIGN, the answer should be yes, but standard requirements for online contract formation are increasingly demanding more effort from consumers to signal their assent. Usually contracts with minors are voidable by the minor, but even then, other courts have required the contracting process to be clear enough for minors to understand.

Privacy 125

Privacy Law Contracts Designs 125

IP and Legal Filings

OCTOBER 31, 2022

The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Contracting Parties are free to choose the means of communication with their offices (including communications in electronic form or by electronic means of transmittal). Image Source: IStock].

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

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. Kho (2019) 8 Cal.5th Consumer Contracts (Tent.

Contracts 78

Contracts Blogging Advertising Advertising 78

Technology & Marketing Law Blog

JANUARY 5, 2023

” Moreover, her contract claims are based on Defendants’ description of the tour conducted by MAT. Miguel, 2019 Fla. Nov 14, 2019): “Defendant Contreras’ website, “The Digger”, serves as a platform for Defendant Perfetto to publish material involving the Venezuelan community. LEXIS 14912 (Fla.

Social Media 113

Social Media Publishing Marketing Marketing 113

IP and Legal Filings

NOVEMBER 9, 2022

A report by Citibank published in March, 2020 observes that the Metaverse economy could be a thirteen trillion dollar total addressable market by the year 2030. But needless to say, the Metaverse brings into picture several aspects of the law such as Copyright law , Contract law, Tort law and Criminal law. Contract Law .

Contracts 52

Contracts Law Technology Privacy 52

TorrentFreak

SEPTEMBER 7, 2022

In 2019, Cox Communications was ordered to pay a billion dollars in damages to record labels. Verizon does operate the “Verizon Anti-Piracy Cooperation” program but the plaintiffs say the contract contains “onerous” terms. These include YTS, The Pirate Bay, RARBG, and 1337x.

Copyright Infringement 127

Copyright Infringement Copying IP Reporting 127

TorrentFreak

DECEMBER 6, 2022

Friend MTS offers dynamic, near real-time blocking of illegal IPTV streams and recent contract renewals ( 1 , 2 ) suggest that expectations are being met. In 2019, police in Serbia reported the arrest of two men aged 40 and 31. Whether this partnership was responsible for what came next is unclear.

Cease and Desist 128

Cease and Desist Reporting Marketing Marketing 128

Trading Secrets

JANUARY 13, 2022

In November 2019, the trial court granted Fox’s motion as to its unfair competition claim, and thereafter, enjoined Netflix from interfering with Fox’s fixed-term employment agreements. Both parties filed motions for summary judgment/adjudication. The Appeal. See Bus. & & Prof.

Contracts 52

Contracts Business Marketing Marketing 52

The IPKat

DECEMBER 5, 2021

Bill proposed new laws for equitable remuneration for streaming, contract adjustment, right of revocation and transparency. With its provisions on equitable remuneration for streaming, contract adjustment, right of revocation and transparency, explained here.] The Bill was debated in the UK Parliament on Friday 3rd December.

Copyright 96

Copyright Music Contracts Government 96

The IPKat

DECEMBER 13, 2023

As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU).

Related Rights 80

Related Rights Publishing Licensing Contracts 80

LexBlog IP

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. The Court, however, held that Densy stated sufficient facts to establish the existence of an implied-in-fact contract between the parties. That disclosure may therefore be consideration for a promise to pay.

Contracts 52

Contracts Artwork Law Ownership 52

43(B)log

NOVEMBER 28, 2022

They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market. Dr. Chiagouris also opined on two Monster-commissioned surveys conducted by InfoScout, a market research firm.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

LexBlog IP

JANUARY 13, 2022

In November 2019, the trial court granted Fox’s motion as to its unfair competition claim, and thereafter, enjoined Netflix from interfering with Fox’s fixed-term employment agreements. Both parties filed motions for summary judgment/adjudication. ” See Ixchel Pharma, LLC v.

Contracts 52

Contracts Business Marketing Marketing 52

Technology & Marketing Law Blog

MAY 2, 2022

In 2019, the Ninth Circuit upheld the district court’s injunction ruling in favor of hiQ. They may look to state hacking laws, trespass to chattel claims, or other causes of action “such as copyright infringement, misappropriation, unjust enrichment, conversion, breach of contract, or breach of privacy.”. __.

Cease and Desist 110

Cease and Desist Contracts Privacy Business 110

43(B)log

DECEMBER 7, 2023

23, 2023) The individual defendants co-founded COY in 2019 to provide creator clients with a platform to offer subscription services. Things eventually went bad, resulting in contract/trade secret claims and copyright/ROP counterclaims. LA CV 21-02069-DOC-KES, 2023 WL 8351525 (C.D. COY hired MG to develop COY’s subscription platform.

Web Development 59

Web Development Social Media Copying Copyright 59

Herbert Smith Freehills

NOVEMBER 7, 2022

The UK's climate change agenda will be complicated by an energy market under intense pressure and policy in flux . In September 2022, the UK Government also formally lifted the moratorium on shale gas production in England, which was originally introduced in November 2019 following analysis of the environmental impact of shale gas production.

Government 52

Government Business Marketing Marketing 52

Kluwer Copyright Blog

MAY 11, 2023

The most modern instalment of this long history comes in the form of another kind ‘copy’, less richly decorated, yet more relevant and politically sensitive for a country that has established a long-term foreign investment “partnership” with the tech and communication industry: the transposition of Directive 2019/790 into Irish law.

Copying 103

Copying Copyright Law Copyright Social Media 103

IP and Legal Filings

APRIL 8, 2023

This recorded music is frequently sold at significantly lower prices than market rates, resulting in massive losses for music producers. CONTRACTUAL ISSUES Various contracts are signed and executed by various performers/artists and stakeholders. The Indian Copyright Act of 1957 forbids and punishes acts of piracy.

Privacy 73

Privacy Law Intellectual Property Music 73

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. In 2019, FDA approved a record-breaking ten biosimilars. December 6, 2019. November 15, 2019.

Settlement 52

Settlement Litigation Marketing Marketing 52

43(B)log

JANUARY 5, 2024

In 2019, defendants launched the “Florida Online School,” abbreviated “FLOS.” While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength. And they targeted school districts in their marketing. Defendants market only their K12 brand nationally.

Branding 59

Branding Brands Branding Marketing 59

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. Superior Ct.

Advertising 121

Advertising Advertising Publishing Blogging 121

IIPRD

FEBRUARY 27, 2021

On 12 th February 2021, Taylor Swift re-released one of her most famous songs “Love Story” the reason being as Swift told Good Morning America last August was, “My contract says that starting November 2020 … I can record albums one through five all over again.”. A Conglomerate. Swift has also been amassing a vast IP portfolio.

Music 40

Music Branding Brands Branding 40