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. Fourth, Shared avers that Meta committed breach of contract (Claim 3) for failing to deliver the April 2018 payment on time in violation of the FAN payment term. Bonne chance.”).

Contracts 89

Contracts Social Media Advertising Advertising 89

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Here, the Court has already found that Bar-Z had a legal right to interfere with App Star’s contracts with the chambers of commerce.

Fair Use 98

Fair Use Cease and Desist Contracts Ownership 98

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. Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone.

Contracts 96

Contracts Law Artwork Copyright 96

TorrentFreak

AUGUST 21, 2021

After the apparent demise of Area 51 but in advance of the settlement being finalized, it’s alleged that Tusa launched a close copy of Area 51 called SingularityMedia, which scooped up Area 51’s customers. In response, ACE contacted Tusa again and demanded that the new service was shut down. It later disappeared.

Cease and Desist 144

Cease and Desist Settlement Copyright Infringement Copyright 144

Technology & Marketing Law Blog

DECEMBER 6, 2022

In the fall of 2020, hiQ Labs had its antitrust claims dismissed. 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 72

Blogging Contracts Litigation Law 72

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

43(B)log

DECEMBER 7, 2023

Things eventually went bad, resulting in contract/trade secret claims and copyright/ROP counterclaims. Because of Bartlett’s popularity, McCandless used her, among other personalities, to market his services and asked her to provide a “testimonial” video for him to use, which she provided and he posted to his Instagram.

Web Development 59

Web Development Social Media Copying Copyright 59

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

MARCH 31, 2022

In an effort to market his script, Desny called Billy Wilder, a writer, producer and director at Paramount Pictures. Desny could not get through to Wilder and subsequently stripped his script to the bare facts so that Wilder’s secretary could copy it in short-hand over the phone.

Contracts 52

Contracts Artwork Law Ownership 52

Kashishipr

SEPTEMBER 20, 2021

Since then, it has been continuously used and has even acquired reputation and goodwill in the market. It was in October 2020 when SSPL came to know about NTC’s use of a similar label and trade dress for its set of soya bean edible oil products. In May 2007, the label mark ‘SOYA DROP’ was registered.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

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. From this constitutional dimension of copyright emerged the notion of ‘user rights’ ( Geiger, 2020 ).

Copyright 115

Copyright Art Licensing Contracts 115

IP and Legal Filings

APRIL 28, 2022

The trial jury found West guilty of reverse passing off under the Lanham Act but not for trade dress infringement, trade dress counterfeiting, trade secret misappropriation, or tortious interference with a contract between OTR and Genie. Instead, it held that OTR’s trade dress was invalid and fraudulently obtained.

Registration 52

Registration Trademark Intellectual Property IP 52

LexBlog IP

FEBRUARY 21, 2022

billion in sales in 2021 alone, the non-fungible token (“NFT”) has recently undergone a dramatic rise in prominence in the cryptoverse, similar to the “crypto summer” of 2017-18 or the “DeFi summer” of 2020. With an astounding $17.7 This metadata may be “on-chain” or “off-chain.”

Ownership 52

Ownership Art Artwork Non-Fungible Tokens 52

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.”. All copies are made from this recording. A Conglomerate.

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. Trademarks. Obtain legal ownership verification.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

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

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. Ticketmaster, a 9th Circuit memo opinion from 2020 that I did not blog. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. ” Double UGH.

Contracts 68

Contracts Law Reporting Blogging 68

Technology & Marketing Law Blog

DECEMBER 15, 2021

This is the initial copying design (without of the background graphics in the precedent work): The copyright registrant alleged this copying design constituted copyright infringement. Anthony, 2020 WL 11206863 (N.D. Day to Day Imports appeared first on Technology & Marketing Law Blog. Prior Posts on Section 512(f).

Registration 108

Registration Fair Use Copyright Design 108

Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

Definition of MSME The MSME Development Act, established in 2006, witnessed a significant overhaul in its definition within the Atmanirbhar Bharat package on May 13, 2020. Subsequently, on June 1, 2020, the Government of India opted for further enhancements, particularly for Medium enterprises, setting the investment cap at Rs.

Settlement 52

Settlement Intellectual Property Registration Designs 52

Trading Secrets

DECEMBER 21, 2021

This year’s series included: 2020 Year in Review: What You Need to Know about the Recent Cases and Developments in Trade Secrets, Non-Competes, and Computer Fraud Law. 2020 Year in Review: What You Need to Know about the Recent Cases and Developments in Trade Secrets, Non-Competes, and Computer Fraud Law. View the Recording.

Confidentiality 69

Confidentiality Law Contracts Business 69

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. They also lacked information on the number of copies sold and their distribution among the general public or the number of online views. In 2014, Lewis Hamilton was ranked ‘the most marketable athlete’. In 2014, he won his second title, followed by his third title in 2015.

Art 102

Art Branding Brands Branding 102

LexBlog IP

DECEMBER 21, 2021

This year’s series included: 2020 Year in Review: What You Need to Know about the Recent Cases and Developments in Trade Secrets, Non-Competes, and Computer Fraud Law. 2020 Year in Review: What You Need to Know about the Recent Cases and Developments in Trade Secrets, Non-Competes, and Computer Fraud Law. View the Recording.

Confidentiality 52

Confidentiality Law Contracts Business 52

Trading Secrets

JUNE 3, 2022

The district court reasoned that plaintiff needed to demonstrate that the corporate defendant copied plaintiff’s project in order to satisfy the “use” requirement under the DTSA. 19-cv-05611-PJH, 2020 WL 513287 (N.D. Similarly, in Five Star Gourmet Foods, Inc. Fresh Express, Inc. at *8; see also Payward, Inc. Aegis Spine, Inc. , 8 F.4th

Law 59

Law Confidentiality Designs Design 59

43(B)log

FEBRUARY 24, 2021

Certain procedural requirements: must be able to see & save a copy of the disclosures/contract w/in 15 days, via email receipt for example. Greenbaum: Environmental marketing: Little FTC enforcement but some states have enacted more stringent requirements or made Green Guides into enforceable rules.

Advertising 40

Advertising Advertising Law Privacy 40

Kluwer Copyright Blog

DECEMBER 26, 2021

However, that purchaser is entitled to carry out such a decompilation only to the extent necessary to effect that correction and in compliance, where appropriate, with the conditions laid down in the contract with the program’s rightsholder. Stay tuned as a comment on the judgment is coming soon in the blog. CDSM Directive implementation.

Copyright Law 110

Copyright Law Copyright Law Reporting 110

Technology & Marketing Law Blog

JUNE 20, 2023

Similarly, when an artist lawfully creates a derivative work based on a photograph, and copies of that derivative work are reproduced and distributed to the public, ordinarily the owner of copyright in the photograph and the owner of copyright in the derivative work are entitled to royalties. . In the first, Sony Corp. of America v.

Fair Use 93

Fair Use Derivative Work Blogging Licensing 93

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

Kluwer Copyright Blog

MAY 16, 2023

The outdated nature of several provisions , which due to the rigidity of the EU system of copyright flexibilities requires the constant intervention of the EU legislator to adjust existing provisions to new technological, market and social-cultural developments, or to introduce new provisions to the same end.

Reporting 52

Reporting Copyright Public Domain Editing 52

IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 In a broad sense, blockchain technology can be defined as an open ledger of information that is used to keep a digital record of the transactions that occur in the crypto market. billion in 2021 to USD 2.2

Intellectual Property 85

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 85

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. Harper et al.,

Fair Use 89

Fair Use Copyright Reporting Licensing 89

43(B)log

SEPTEMBER 7, 2023

A PR rep sent an email to Gannett stating, “I would like to submit Microsoft’s 2020 Super Bowl ad, ‘Be The One,’ featuring Katie Sowers to the USA Today Ad Meter.” Campbell sued for copyright infringement, contributory/vicarious copyright infringement, and CMI removal. Amount: the whole photo.

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

43(B)log

AUGUST 17, 2021

provides data collection and maintenance software solutions for administration, fundraising, marketing, and analytics to social good entities such as non-profit organizations, foundations, educational institutions, faith communities, and healthcare organizations.” Ramirez gets further assimilated into the law. Blackbaud (good name!)

Privacy 59

Privacy Business Litigation Confidentiality 59

Technology & Marketing Law Blog

JULY 25, 2022

2020), the Second Circuit purported to reaffirm that “the discovery rule applies for statute of limitations purposes in determining when a copyright infringement claim accrues under the Copyright Act.” Starz filed suit in May 2020 (within nine months of discovery), asserting 340 separate infringements. Scholastic, Inc. , In Roley v.

Blogging 81

Blogging Copyright Licensing Copyright Infringement 81

Technology & Marketing Law Blog

DECEMBER 26, 2023

Puppies, 2020 Ariz. 28, 2020): There are facts from which a jury could determine that Defendants created and/or developed website content making the immunity under Section 230 of the CDA inapplicable and thus summary judgment is not appropriate. LEXIS 851 (Az. Superior Ct. ” [This is obviously wrong.] * Cono v. LEXIS 80089 (Cal.

Publishing 82

Publishing Law Marketing Marketing 82

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. 2 of the overall contract, available here ). Photo by Norbert Braun from Unsplash.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

SpicyIP

MAY 15, 2023

After perusing the material on record, the court concluded that Brompton had no privity of contract with YSL and the Supply Agreement with Beverly from which Brompton claims to derive its rights was in contravention of the original Franchise Agreement with YSL. Case: Holyland Marketing Pvt. vs Vijay Pal Vineet Kumar And Co.

Trademark 80

Trademark Registration Cease and Desist IP 80