43(B)log

FEBRUARY 3, 2022

3d -, 2021 WL 4340670, No. 22, 2021) This case should be of interest to people working on contextual advertising. Common sense tells us that this is not a simple advertisement.” “It It is a work of fashion journalism that, like every fashion magazine, happens to contain advertisements.” Champion v. And that’s true.

Advertising 64

Advertising Advertising Designs Design 64

Technology & Marketing Law Blog

DECEMBER 27, 2022

Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). But Facebook clearly explained the differences between the charging practices to advertisers, who had the general option to choose under which system they would be billed.

Privacy 99

Privacy Marketing Marketing Social Media 99

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. Proximity to content that included hate speech resulted in some respondents reporting that the content made them like the advertiser less. Consumer Reviews * Route App, Inc. Heuberger , 2023 WL 5334192 (D.

Social Media 73

Social Media Privacy Advertising Advertising 73

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law.

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

AUGUST 29, 2022

I completed my last Internet Law class before Thanksgiving 2021 and had Spring semester off. That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet).

Editing 89

Editing Social Media Blogging Advertising 89

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. 2021 WL 827749, at *6. JLM Couture, Inc.

Social Media 59

Social Media Contracts Confidentiality Business 59

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 105

Contracts Privacy Social Media Advertising 105

IPilogue

JULY 28, 2021

Early July 2021, Roderique received a message from a friend who had visited The Hudson’s Bay Company (The Bay) where she came upon Roderique’s photo for the company’s “ Charter for Change ” initiative. The Bay has since removed the image from all advertising. Roderique’s Response. However, the Act includes an exception.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

LexBlog IP

OCTOBER 4, 2022

On October 3, 2022, the Securities and Exchange Commission announced charges against Kim Kardashian for violation of the anti-touting provision of the Securities Act, Section 17(b), specifically for “touting on social media a crypto asset security offered and sold by EthereumMax without disclosing the payment she received for the promotion.”

Social Media 52

Social Media Intellectual Property Business Registration 52

Technology & Marketing Law Blog

JANUARY 24, 2023

On the heels of the mandatory editorial transparency provisions in Florida and Texas’ social media censorship laws, the California legislature thought it could one-up those states by passing a law with at least 161 different disclosure requirements. The opinion upheld every aspect of Texas’ social media censorship law.

Law 114

Law Social Media Government Privacy 114

Technology & Marketing Law Blog

SEPTEMBER 9, 2021

That legal standard could devastate social media usage in Australia. It increases the risk that ordinary social media users could be liable for defamation caused by their so-called friends. That risk encourages social media users to actively police the comments of their friends–or stop posting entirely.

Publishing 98

Publishing Social Media Blogging Law 98

The IPKat

JULY 18, 2021

Expand creator rights with contract restrictions Issue : The report states that the music industry market is an oligopsony - when a market is dominated by a small number of large buyers, which concentrates demand and keeps prices down at the expense of the sellers. Plot twist!

Music 139

Music Contracts Reporting Government 139

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

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

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

OCTOBER 28, 2021

EU Member States must adopt national implementation measures by 28 November 2021. Traders must also disclose paid advertising and whether specific payments have been made to achieve a higher ranking in the search results. The Consumer Rights Bill 2021 will transpose the provisions of the Directive into Irish law.

Social Media 52

Social Media Business Contracts Advertising 52

43(B)log

OCTOBER 8, 2021

23, 2021) Evel Knievel was a famous motorcycle daredevil with an “iconic wardrobe: a white jumpsuit embellished only by star-spangled red, white, and blue patriotic insignia with a matching white cape and helmet and a motorcycle adorned by red, white, and blue colors.” The toy could not perform as advertised in the commercial.

Advertising 59

Advertising Advertising Social Media Licensing 59

IP and Legal Filings

FEBRUARY 20, 2024

Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. The plaintiff filed the defence of personality rights infringement based on the contract that allocated the personas to them. Rights are crucial in today’s competitive world of celebrities competing for fame and advertising.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

43(B)log

OCTOBER 4, 2021

slide] Annual number of TTAB decisions under failure to function and related categories: 2000-2020—you can see an increase with a fall in 2020 due to the fact of 2020; 2021 looks to have regained the momentum of failure to function. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94

IP Trademark Advertising Advertising 94

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.”. Important, rare things are valuable. The Big Move. A Conglomerate.

Music 40

Music Branding Brands Branding 40

IP Tech Blog

MARCH 18, 2022

Rothschild began selling his METABIRKINS NFTs in December 2021. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers. His NFT sales have reportedly surpassed $1.1 million, with the most expensive METABIRKINS NFT selling for $45,100.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MARCH 18, 2022

Rothschild began selling his METABIRKINS NFTs in December 2021. StockX responded that its NFTs are permissible trademark “fair use” as part of its retail sales and advertising of authentic NIKE sneakers. His NFT sales have reportedly surpassed $1.1 million, with the most expensive METABIRKINS NFT selling for $45,100.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

2021 WL 5893161 (S.D. Paul Rudolph Heritage Foundation, 2021 WL 4482608 (S.D.N.Y. Case Citation : Alper Automotive, Inc. Day to Day Imports, Inc. The complaint filed in December 2018. The CourtListener page. Other 512(f) Quick Links . Some other 512(f) cases I’ve not previously blogged: * Paul Rudolph Foundation v.

Registration 112

Registration Fair Use Copyright Designs 112

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. A misstep in the metaverse is likely to have instantaneous negative effects for the company, just like it does on social media right now.

Trademark 83

Trademark Non-Fungible Tokens Branding Brands 83

Copyright Lately

OCTOBER 25, 2021

The good news is after the holiday was effectively ruined last year, we’re more or less back in business in 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. It’s Halloween time again!

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

The IPKat

MARCH 27, 2022

An iterative design process commenced over emails between Mr Parker and Mr Lazo when producing the designs, resulting in what was referred to as the 1856 design which was also relied on by the House of Bruar as prior art: Although this was never sold, photographs of this 1856 design was posted on Fairfox & Favor's social media in November 2014.

Designs 52

Designs Design Copying Art 52