43(B)log

NOVEMBER 19, 2021

6:21-cv-326-MC, 2021 WL 5316986 (D. 15, 2021) Previous motion to dismiss. Plaintiff attempted to plead that a small number of calls to people contracting with it constituted “commercial advertising or promotion,” but the court still didn’t buy it. Meredith Lodging LLC v. Vacasa LLC, No. In Grubbs v. Sheakley Grp.,

Advertising 59

Advertising Advertising Marketing Marketing 59

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

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 95

Blogging Contracts Cease and Desist Social Media 95

LexBlog IP

SEPTEMBER 29, 2022

As we have already discussed here , the Italian Competition and Market Authority (“AGCM” or “Authority”) has shown a significant interest in cases of abuses of economic dependence in recent years. 192/1998.

Marketing 52

Marketing Marketing Contracts Business 52

BYU Copyright Blog

APRIL 1, 2024

Francis") committed copyright infringement and was in breach of contract over the use of hundreds of photographs he took for the school and its students. Francis, located in Watsonville, CA, contracted with Morlos to be the exclusive provider of photography service for the school from June 2018 to May 2021. Morlos and St.

Cease and Desist 40

Cease and Desist Social Media Contracts Intellectual Property 40

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. A new prohibition on double patenting?

Litigation 82

Litigation Law Patent Invention 82

Kluwer Copyright Blog

FEBRUARY 22, 2022

CREATe , within the AHRC Creative Industries Policy and Evidence Centre (PEC) , launched the 21 for 2021 project in May 2021. In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. Creative Industries.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Trading Secrets

DECEMBER 21, 2021

Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. Overview of Non-Compete Legislation and Enforcement Issues from 2021. View the Recording.

Confidentiality 69

Confidentiality Law Contracts Business 69

The IPKat

DECEMBER 16, 2021

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. Interested readers can find the Africa IP Highlights 2020, here.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

azrights

APRIL 22, 2021

World IP Day 2021 shines a light on the critical role of SMEs in the economy and how they can use IP rights to build stronger, more competitive, and resilient businesses. The video is particularly apt for World IP day 2021 centring as it does on IP and SMEs, which is this year’s World IP day focus. The Azrights animation video.

IP 52

IP Intellectual Property Branding Brands 52

IPilogue

DECEMBER 14, 2021

This article was originally posted on E-TIPS For Deeth Williams Wall LLP on December 8, 2021. On November 16, 2021, Miramax filed a lawsuit against Quentin Tarantino for his planned auction of non-fungible tokens (NFTs) based on his original hand-written script of the film Pulp Fiction.

Non-Fungible Tokens 111

Non-Fungible Tokens Contracts Registering Trademarks Intellectual Property 111

Technology & Marketing Law Blog

JULY 10, 2021

As I blogged last time: The plaintiff can replead the contract breach claim for failure-to-pay, but the case has lost all of its ideological implications about must-carry obligations and instead has devolved into a routine collections case (that will likely fail anyways). 2021 WL 2865147 (N.D. July 8, 2021). Alphabet Inc.

Contracts 116

Contracts Blogging Litigation Marketing 116

LexBlog IP

DECEMBER 27, 2021

As we close out another calendar year, we look back at the top legal developments of 2021 that could influence the market for biologics and biosimilars. Biosimilars and Generics Get Congress’s Attention: Laws governing generic and biosimilar pharmaceutical products saw legislative activity in 2021.

Litigation 52

Litigation Intellectual Property Patent Contracts 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. 9, 2021, No. See, e.g., Britt v.

Blogging 100

Blogging Contracts Law Privacy 100

Technology & Marketing Law Blog

JULY 14, 2023

When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant.

Contracts 79

Contracts Blogging Litigation Licensing 79

LexBlog IP

DECEMBER 21, 2021

Throughout 2021, our dedicated Trade Secrets, Computer Fraud & Non-Competes Practice Group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing clients today. Overview of Non-Compete Legislation and Enforcement Issues from 2021. View the Recording.

Confidentiality 52

Confidentiality Law Contracts Business 52

43(B)log

AUGUST 16, 2021

2021 WL 3552175, No. 11, 2021) Another timeshare versus timeshare exit false advertising case. Marketing Defendants allegedly falsely advertise timeshare exit services by promoting a legitimate process to exit timeshare contracts. This opinion considered only the marketing defendants. Timeshare Lawyers P.A.,

False Advertising 72

False Advertising Advertising Advertising Contracts 72

Technology & Marketing Law Blog

JUNE 18, 2022

In 2021, a federal court dismissed a putative class action lawsuit against Cognizant for trauma experienced by the content moderators. The plaintiffs point to the Facebook-Cognizant contract as the source of that duty. Cognizant appeared first on Technology & Marketing Law Blog. Cognizant has since exited the field).

Contracts 110

Contracts Blogging Business Technology 110

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

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Amazon, 2021 U.S.

Contracts 83

Contracts Privacy Blogging Litigation 83

Technology & Marketing Law Blog

DECEMBER 28, 2022

Coinbase launched “Dogecoin promotion” sweepstakes in 2021. Users sued Coinbase and its marketing agency, asserting claims under state law. Most recently Kieran covered International Markets v. Interestingly, the plaintiffs also named the marketing agency involved in the sweepstakes. Born, circa 1997. Coinbase, No.

Marketing 92

Marketing Marketing Contracts Blogging 92

43(B)log

NOVEMBER 8, 2021

Touro College, 2021 WL 5140058, No. 4, 2021) It’s now been long enough that there are a couple of cases finding potentially valid claims based on Covid closures, but this is not one of them. Touro’s online program was allegedly marketed and priced as a “separate and distinct product[ ]” and bore no fees for in-person services.

Contracts 64

Contracts Government Marketing Marketing 64

Technology & Marketing Law Blog

NOVEMBER 15, 2021

The lawsuit includes claims for breach of contract, violation of Section 230, IIED, NIED, breach of implied covenant of good faith and fair dealing, and conversion. Breach of Contract/Implied Covenant of Good Faith and Fair Dealing. This is a helpful explication of the intersection between Section 230 and breach of contract claims.

Contracts 106

Contracts Publishing Blogging Government 106

43(B)log

SEPTEMBER 14, 2021

Trade Data Monitor, LLC, 2021 WL 2134909, No. May 21, 2021) A trade secret/similar case in which IHS owns a database called Global Trade Atlas, which it acquired from the people who founded defendants, and you can basically guess what happened next. Nor did the memo breach the nondisparagement clause in the parties’ contract.

Advertising 59

Advertising Advertising False Advertising Contracts 59

Technology & Marketing Law Blog

NOVEMBER 9, 2022

Breach of contract exception. “By its terms, Section 230 does not provide any exception for contract claims. And courts routinely hold that Section 230 immunizes platforms from contract claims, where, as here, they seek to impose liability for protected publishing activity.” Breach of Contract. Implications.

Contracts 72

Contracts Publishing Blogging Government 72

Velocity of Content

JUNE 20, 2022

But there is great excitement in the billion-dollar market for these digital images, which were launched in April 2021 and count singers Justin Bieber and Madonna among their celebrity owners. Well, a smart contract isn’t really a contract – a smart contract is simply a bit of self-executing code.

Copyright 52

Copyright Contracts Television Licensing 52

The IPKat

NOVEMBER 26, 2021

Bill has now been published , proposing new laws for equitable remuneration for streaming, contract adjustment, right of revocation and transparency. After reviewing more than 300 pieces of evidence, the Select Committee published its recommendations in July 2021. Equitable remuneration for streaming: Who is entitled and who pays?

Copyright 98

Copyright Music Contracts Publishing 98

The IPKat

NOVEMBER 6, 2023

Background The plaintiff is a professional photographer, who markets his photographs exclusively and very successfully through microstock portals. Up to March 2021, his photographs have been licensed more than 800,000 times. The plaintiff concluded an “upload agreement” with the former microstock portal Fotolia (now Adobe Stock ).

Moral Rights 85

Moral Rights Licensing Personality Rights Contracts 85

The IPKat

JULY 18, 2021

To address the market distortions and the music streaming ‘value gap’, the Government should introduce robust and legally enforceable obligations to normalise licensing arrangements for UGC-hosting services. Apple, on the other hand, maintained that safe harbour provisions create an “unlevel playing field” in favour of YouTube. Plot twist!

Music 139

Music Contracts Reporting Government 139

Indiana Intellectual Property Law

MARCH 7, 2023

The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. The Muscle Stimulator is marketed and sold as a non-invasive device that uses electromagnetic energy to stimulate muscle contraction, and it is intended for use in body contouring and muscle strengthening applications.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

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

NOVEMBER 2, 2023

In the spring of 2021, he relocated to Montana and revamped his contracting business. Nextdoor appeared first on Technology & Marketing Law Blog. Other negative reviews were never removed by Nextdoor. Duffer complains that he received no new business through Nextdoor after those negative reviews were left online.

Contracts 80

Contracts Business Blogging Law 80

Technology & Marketing Law Blog

JUNE 9, 2022

The following Facebook claims are still active: (1) breach of contract, citing the Facebook and Instagram terms of use; (2) unjust enrichment; (3) violation of the Computer Fraud and Abuse Act; (4) violation of California’s Comprehensive Computer Data Access and Fraud Act (“CDAFA,” Cal. ” Oof. Unconscionability.

Contracts 104

Contracts Privacy Social Media Advertising 104

Velocity of Content

DECEMBER 2, 2022

More than 250 employees in editorial, sales, publicity, design, legal, and marketing departments at HarperCollins have been on strike since November 10, notes Andrew Albanese , Publishers Weekly senior writer.

Contracts 52

Contracts Publishing Reporting Designs 52

The IPKat

JANUARY 13, 2022

Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. a MIT license ).

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Biswajit Sarkar Copyright Blog

FEBRUARY 8, 2022

With the Indian Government recently putting a 30% tax on any profit earned through the cryptocurrency market, how far along is it that the fate of NFTs will be sealed the same way? Currently, a bill is making its rounds in the parliament, called, Banning of Cryptocurrency & Regulation of Official Digital Currency Bill, 2021.

Intellectual Property 52

Intellectual Property Law Moral Rights Contracts 52

Olartemoure Blog

AUGUST 12, 2022

This is clear evidence that best corporate governance practices have improved in the Colombian securities market and confirms that guaranteeing protection of shareholder rights and equitable treatment is a fundamental factor of Corporate Governance. Colombian law recognizes party autonomy in arbitration. Original source in Spanish.

Contracts 52

Contracts Intellectual Property Government Reporting 52