43(B)log

JULY 8, 2024

28, 2024) The court declined to find Berrin’s consumer protection claims against Delta based on its “carbon neutral” advertising preempted by the Airline Deregulation Act (ADA, confusingly enough), though that wasn’t the end of the inquiry. Since March 2020, Delta has repeatedly touted itself as “the world’s first carbon-neutral airline.”

Advertising 64

Advertising Advertising Marketing Marketing 64

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced. The Bottom Line.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

Technology & Marketing Law Blog

MAY 17, 2024

If the issue lies in loopholes within the ToS, the solution seems straightforward: draft tighter contracts and perhaps incorporate a browsewrap on your platforms to catch those who don’t hold accounts. X’s breach of contract cases against CCDH for violating its ToS by scraping also didn’t fare well. In 2022, in ML Genius v.

Blogging 123

Blogging Contracts Fair Use Copyright Law 123

LexBlog IP

JULY 21, 2022

The Italian Competition and Market Authority (“AGCM” or “Authority”) has closed an investigation launched in July 2021 against McDonald’s Development Italy LLC (“McDonald”) regarding an alleged violation of art. 9 of Italian Law no.

Marketing 52

Marketing Marketing Contracts Business 52

IP Watchdog

JULY 25, 2023

On Friday, July 21, an Illinois district court ruled that a Pakistani employee of a medical device distribution company infringed on Ethicon’s trademark when he bought, marketed and sold counterfeit Ethicon devices. Ethicon is a subsidiary of Johnson & Johnson and won an $18 million default judgment.

False Advertising 40

False Advertising Settlement Contracts Advertising 40

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

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 92

Blogging Contracts Cease and Desist Social Media 92

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). I posted a chapter from the book: Online Contracts.

Editing 85

Editing Social Media Blogging Advertising 85

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. 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.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

The IPKat

OCTOBER 14, 2024

Background The plaintiff (who is identical in all cases) marketed pictures of a photographer as wallpapers. Pictures of the room were taken and published on various websites to advertise the hotel. The Court held that a simple consent does not grant any rights to the user (unlike a license or a contract regarding the use of the work).

Copyright 116

Copyright Copyright Notice Licensing Art 116

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Finally, in October 2020, Facebook nuked the Shared account (and the personal accounts of some of its employees) and blocked Shared’s ads. Cod § 17200, for failing to provide sufficient details regarding ad rejections in violation of the Advertising Policies. Facebook appeared first on Technology & Marketing Law Blog.

Contracts 89

Contracts Social Media Advertising Advertising 89

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. Elliot v.

Advertising 118

Advertising Advertising Publishing Blogging 118

Technology & Marketing Law Blog

OCTOBER 25, 2023

In the early days of the pandemic, tattoo artist Cramer created this tattoo and tattooed it onto her husband: The tattoo depicts Joe Exotic of Tiger King “fame,” a can of Lysol, some coronaviruses, and the words “Quarantine 2020.” ” Market Effect. The litigants are in different markets. Warner Bros.

Blogging 79

Blogging Copyright Fair Use Copyright Infringement 79

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 101

Contracts Privacy Social Media Advertising 101

IP Tech Blog

JANUARY 10, 2022

International Trade Commission (ITC) saw a flurry of new complaints filed in the second half of 2020, particularly in November and December. and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations. In January 2021, I noted that the U.S.

False Advertising 57

False Advertising IP Patent Infringement Intellectual Property 57

LexBlog IP

JANUARY 10, 2022

International Trade Commission (ITC) saw a flurry of new complaints filed in the second half of 2020, particularly in November and December. and other unfair acts such as misappropriation of trade secrets, false advertising, breach of contract, and antitrust violations. In January 2021, I noted that the U.S.

False Advertising 52

False Advertising Intellectual Property IP Patent Infringement 52

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. 29 (2020); U.S. DEPARTMENT OF JUSTICE’S REVIEW OF SECTION 230 OF THE COMMUNICATIONS DECENCY ACT OF 1996 (2020). Vimeo appeared first on Technology & Marketing Law Blog. Google, Inc. ,

False Advertising 141

False Advertising Contracts Editing Advertising 141

Velocity of Content

OCTOBER 4, 2021

The rapidly expanding market has attracted some of the world’s biggest celebrities – from Will Ferrell to Michelle Obama to Malcolm Gladwell, Chelsea Handler and Shonda Rhimes. In May 2020, Spotify agreed to an exclusive $100 million deal with Joe Rogan, the biggest licensing agreement ever made in podcasting.

Licensing 52

Licensing Intellectual Property Law Television Intellectual Property 52

43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. 5th 642, 651 (2020). 5th 279, 306 (2020) (quoting § 17500). Google, Inc.,

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

JANUARY 5, 2024

While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength. Another witness] discussed a nearly $5 million effort to rebrand Plaintiff’s global operations as recently as 2020. And they targeted school districts in their marketing.

Branding 59

Branding Brands Branding Marketing 59

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

This article focuses on regulatory and legislative actions in 2020 that may impact the burgeoning biosimilars space in 2021 and beyond. In particular, the authors review FDA’s preparation for the March 23, 2020 transition date, as well as FDA’s efforts to address biosimilar competition, interchangeability, and the COVID-19 pandemic.

Settlement 40

Settlement Licensing Design Designs 40

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. Consumer Contracts (Tent. Many people think this is true.

Contracts 74

Contracts Blogging Advertising Advertising 74

43(B)log

JUNE 16, 2022

“After learning that Omaze retained up to 85% of the donated funds, Plaintiffs filed this suit alleging that Omaze’s marketing is deceptive and violates California law.” It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. The court granted the motion to dismiss in part.

False Advertising 59

False Advertising Advertising Advertising Design 59

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

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. In today’s market, a distinct brand identity is critical in all company sectors. Build your market reputation. False advertising should be avoided when defaming a product.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

LexBlog IP

DECEMBER 28, 2021

California was the first state to pass comprehensive data protection laws starting with the California Consumer Privacy Act of 2018 (CCPA ) and later the California Privacy Rights Act of 2020 amending the CCPA. In 2020, Japan’s Ministry of Economy, Trade, and Industry enacted the Act on the Protection of Personal Information (APPI).

Privacy 52

Privacy Government Intellectual Property Business 52

The IPKat

DECEMBER 16, 2021

Interested readers can find the Africa IP Highlights 2020, here. The plaintiff applied for an injunction against the defendant for copyright infringement and breach of contract. Since he used the company resources to produce the drawings, the architectural drawings became commissioned works by the Company under a contract of service.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

The IPKat

NOVEMBER 20, 2023

He won four other titles in a row from 2017-2020. Advertisement and endorsement contracts, including for fuels and lubricants, an insurance company, a hotel chain and watch manufacturers, were considered irrelevant because it was unclear how the public perceived these endorsements and whether they reached the general public at large.

Art 102

Art Branding Brands Branding 102

Technology & Marketing Law Blog

DECEMBER 15, 2021

In making this finding I draw an adverse inference from Defendant’s failure to initiate litigation against Plaintiff…by November 19, 2018, Defendant was using the DMCA Takedown Notices to suppress a market competitor rather than to enforce a legitimate good faith claim of copyright infringement. Anthony, 2020 WL 11206863 (N.D.

Registration 108

Registration Fair Use Copyright Design 108

43(B)log

MARCH 14, 2023

As alleged, Each ISP’s contract grants it a certain service area, or “route,” and the ISP is permitted to sell its route to another entity if they can agree on terms. Together they are known as CSPs, contracted service providers. Was this “commercial advertising or promotion”?

False Advertising 59

False Advertising Advertising Advertising Business 59

Technology & Marketing Law Blog

DECEMBER 14, 2023

Strachan created various Facebook pages and an advertising account. “In April 2020, Facebook cancelled Strachan’s advertising account and removed his advertising content from the platform.” Strachan sued Facebook pro se for breach of contract and the good faith/fair dealing implied covenant.

Advertising 76

Advertising Advertising Contracts Marketing 76

Trading Secrets

JUNE 3, 2022

19-cv-05611-PJH, 2020 WL 513287 (N.D. 31, 2020), the district court found that plaintiff stated a claim under the DTSA where the defendant was accused of misappropriating plaintiff’s trade secrets and using them to replicate the plaintiff’s salad production facility. 4:18-CV-00910-SDJ-KPJ, 2020 WL 4922117 (E.D. 4th 531 (7th Cir.

Law 59

Law Confidentiality Designs Design 59

43(B)log

AUGUST 30, 2024

GCU isn’t permitted to contract with any third party for these services. He made a similar statement in 2019 during a GCE earnings call attributing unexpectedly good new student online growth to the non-profit advertising. The DOE also ordered GCU to cease advertising “nonprofit” status. 197 (2020). CFPB, 591 U.S.

Advertising 52

Advertising Advertising Business Marketing 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

43(B)log

SEPTEMBER 20, 2021

Plaintiffs sought to amend the complaint to add, inter alia, a Lanham Act false advertising claim, which the court held was not futile. Footnote: Commercial advertising or promotion isn’t necessarily straightforward. Is this an organized campaign to penetrate the relevant market?

False Advertising 45

False Advertising Advertising Advertising Contracts 45

Intepat

DECEMBER 4, 2023

The share of MSME Gross Value Added ( GVA ) in India’s GDP during the years 2019-20, 2020-21, and 2021-22 was an impressive 30.5%, 27.2%, and 29.2%, respectively. in the years 2019-20, 2020-21, and 2021-22, respectively. Patents enable the establishment of a strong market presence and revenue generation through licensing as well.

Patent 52

Patent Ownership Intellectual Property Invention 52

SpicyIP

MAY 2, 2022

It was however terminated at the instance of the Defendant with effect from 1 st August 2020. The same, in its submission did not intend to impinge on the market of the Plaintiff. IIM ) , and their applicability cannot be waived by contract. This agreement was for a period from 1 st July 2019 to 30 th June 2022.

Fair Use 89

Fair Use Copyright Reporting Licensing 89