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). 30, 2022): Tofurky prevails on the merits of its argument that that [sic] the speech it not inherently misleading. 2022 WL 17248983 (9th Cir. targeted advertisement.

Privacy 98

Privacy Marketing Marketing Social Media 98

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 109

Blogging Contracts Fair Use Copyright Law 109

43(B)log

AUGUST 5, 2022

CV-21-00228-TUC-SHR, 2022 WL 3098042 (D. 4, 2022) Frequent IP claimant Lisa Frank is in court this time over a failed deal with a vegan cosmetics company, whose contract aspects I will ignore. Lanham Act false advertising: Were the statements “commercial advertising or promotion” even though not in a conventional ad?

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

MARCH 23, 2022

Top Shelf Golf, LLC, 2022 WL 834790, No. 21, 2022) Weird edge case! Motogolf bought online ads on a pay-per-click contract “wherein ads would stop appearing to others if they were clicked a certain number of times in a given period.” But clicking on an ad is not plausibly commercial advertising or promotion.

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

JANUARY 6, 2022

4 th , 2022 WL 39839, No. 5, 2022) The court finds that, contrary to the district court’s holding, at least some of the underlying lawsuit’s allegations claimed that Vitamin Energy made disparaging statements about 5-hour Energy, thus triggering the insurer’s duty to defend under its “advertising injury” policy. Evanston Ins.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

The IPKat

DECEMBER 13, 2022

This Africa IP Highlights 2022 is the result of collaboration between myself and Doreen Adoma Agyei and Clarisse Mideva. The court’s decision was hinged on the fact that the applicant had misrepresented to the respondent that there was a name change when in fact, the company with whom the respondent had earlier contracted was liquidated.

Copyright 120

Copyright IP Music Ownership 120

Technology & Marketing Law Blog

JANUARY 24, 2023

Three dynamics combined to make 2022 a brutal year for Internet Law. In 2022, this partisan calculus prompted a steady stream of poorly conceived messaging bills. Third, 2022 was an election year, so politicians on all sides pretended they cared about “protecting kids online.” As bad as 2022 was, 2023 will be worse.

Law 113

Law Social Media Government Privacy 113

43(B)log

APRIL 26, 2022

2022 WL 912890, No. Meta’s Ads Manager displays a “Potential Reach” for an ad after advertisers select their targeting and placement criteria; the default for people in the United States aged 18 and up was over 200 million people, revised as demographic targeting criteria are selected. DZ Reserve v. Meta Platforms, Inc.,

Advertising 66

Advertising Advertising Social Media Contracts 66

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”? Route Consultant, Inc., 2023 WL 2466624, No.

False Advertising 59

False Advertising Advertising Advertising Business 59

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 94

Blogging Contracts Cease and Desist Social Media 94

43(B)log

APRIL 18, 2023

12, 2023) Following a large verdict for Monster on false advertising claims, this opinion discusses extensively the requirements for injunctive relief in false advertising cases. The jury awarded $271,924,174 for damages sustained by Defendants’ false advertising and found that the false advertising was willful and deliberate. “As

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

FEBRUARY 21, 2022

19-cv-2970, 2022 WL 486999 (ECT/DTS) (D. 17, 2022) NordicTrack allegedly can’t achieve or maintain the continuous horsepower defendants represented the treadmills were capable of. Icon Health & Fitness, Inc., They needed to file an amended complaint specifying when they gave pre-suit notice, though.

Advertising 59

Advertising Advertising Contracts Law 59

IPilogue

NOVEMBER 18, 2022

On October 25, 2022, following a string of antisemitic remarks and hate speech from Ye (formerly known as Kanye West) on social media, Adidas announced their decision to terminate their co-branding partnership with Ye and end production of all Yeezy branded products.

Business 131

Business Contracts Branding Brands 131

Technology & Marketing Law Blog

APRIL 29, 2022

The plaintiffs sued Facebook for (1) negligence; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) violations of California’s Unfair Competition Law, Cal. At most, Plaintiffs’ allegations establish that Meta encouraged and solicited third parties to advertise on its platform. & Prof.

Contracts 107

Contracts Advertising Advertising Publishing 107

43(B)log

APRIL 29, 2022

C20-1018-DGE, 2022 WL 1215529 (W.D. And the Patent Act dosen’t preempt “fraud/misrepresentation-based state or federal unfair competition laws, nor state contract and tortious interference laws, as they address conduct beyond mere infringement or noninfringement.” Studio 010 Inc. Digital Cashflow LLC, No.

Advertising 45

Advertising Advertising Contracts Patent 45

43(B)log

FEBRUARY 7, 2022

2022 WL 320952, No. Vohra Wound Physicians” is used to refer to their physician practice groups in marketing materials and in contracts with facilities. Defendants’ counterclaim: Did Wound Care’s statements about the illegality of defendants’ program occur in commercial advertising or promotion? Wound Care Concepts, Inc.

Advertising 59

Advertising Advertising False Advertising Contracts 59

The IPKat

JULY 14, 2023

By decision of 18 November 2022 the examiner refused the application pursuant to Article 7(1)(b) and to Article 7(2) EUTMR. The sign in question is perceived as a general advertising message indicating that consumers will be particularly satisfied with the services offered under the sign. The farmer replied with a thumbs-up emoji.

Contracts 52

Contracts Trademark Intellectual Property Law Intellectual Property 52

TorrentFreak

NOVEMBER 18, 2022

People generating advertising revenue from ‘Fast Movies’ certainly wouldn’t improve things either. Another key goal of media companies worldwide is to prevent pirate sites from generating revenue from advertising. Signs that movie companies were about to send a message trickled through last year.

Editing 137

Editing Television Copyright Infringement Advertising 137

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

43(B)log

DECEMBER 19, 2022

4th -, 2022 WL 17726673, No. 16, 2022) Affirming the district court , the court of appeals agreed that Coinbase’s arbitration agreement didn’t cover claims based on a sweepstakes it ran, which had a separate set of rules that didn’t compel arbitration. Issues of contract formation may not be delegated to an arbitrator.

Contracts 59

Contracts False Advertising Advertising Advertising 59

Technology & Marketing Law Blog

AUGUST 23, 2022

Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K., Jones-based personal jurisdiction over Snap based on the plaintiffs’ allegations that: Defendants acted intentionally when they entered into contracts with M.K.,

Social Media 114

Social Media Contracts Advertising Advertising 114

43(B)log

JANUARY 3, 2024

CCM counterclaimed for abuse of process and for violations of the Lanham Act and related state laws; one ex-employee also brought counterclaims against loanDepot for breach of contract and breach of the implied covenant of good faith and fair dealing. The false association/coordinate state law claims survived. Ankura Consulting Grp.,

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

43(B)log

DECEMBER 16, 2022

1-22-0662, 2022 IL App (1st) 220662-U (Ill. It alleged federal trademark infringement, false description, false advertising, and dilution and related state claims, including breach of an earlier settlement. The relevant policies provided liability coverage for personal and advertising injury.

Advertising 59

Advertising Advertising False Advertising Intellectual Property 59

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

43(B)log

APRIL 3, 2024

2024) The court of appeals affirmed the dismissal of FedEx’s false advertising claims (under the Lanham Act and Tennessee Consumer Protection Act), albeit on somewhat different grounds. Collectively they’re called “contracted service providers” (CSPs). Fedex Ground Package System, Inc. Route Consultant, Inc., 23-5456, F.4th

False Advertising 45

False Advertising Contracts Business Advertising 45

Technology & Marketing Law Blog

MARCH 29, 2022

” Breach of Contract. The alleged breaches appear to be the game’s failure to enforce possible contract breaches by other users. Innogames, 2022 U.S. March 28, 2022). ” Products Liability. An online videogame isn’t a “product.” Implications. Case citation : Quinteros v.

Contracts 112

Contracts Advertising Advertising Confidentiality 112

IPilogue

DECEMBER 8, 2022

The Singapore High Court ruled on 21 October 2022 that non-fungible tokens (NFTs) can now be considered property, Coindesk reports. They are minted using smart contracts. He then advertised sale of the Bored Ape NFT.

Non-Fungible Tokens 118

Non-Fungible Tokens Contracts Advertising Advertising 118

Technology & Marketing Law Blog

DECEMBER 10, 2022

It had favorable organic indexing that made it some money, and it bought Adwords advertising that made it more money. But over time, its organic indexing declined and so did its conversion rate on advertising. These allegations fall short of alleging anticompetitive conduct in the online search advertising market.

Advertising 99

Advertising Advertising Marketing Marketing 99

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

43(B)log

FEBRUARY 19, 2022

Businesses harm consumers only in a few ways—false advertising, monopoly prices, defective products. What are you going to do instead, advertise on Bing? We know it’s riding on coattails of national brand’s research and development and advertising. Amazon may also be able to redefine information by contract.

Law 119

Law Branding Brands Branding 119

Technology & Marketing Law Blog

JULY 9, 2022

Match Group LLC , 2022 WL 877107 (N.D. March 24, 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.” Donegan , 2022 WL 992527 (E.D.N.Y. March 31, 2022).

Advertising 121

Advertising Advertising Publishing Blogging 121

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager tried a variety of contract-based workarounds to Section 230. At most, the Advertiser-friendly content guidelines permit users to “request human review of [monetization] decisions made by [defendants’] automated systems.” Note how this explicitly covers both leave-up and takedown decisions.

Contracts 135

Contracts Publishing Law Government 135

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

The IPKat

DECEMBER 14, 2023

Interested readers can find the Africa IP Highlights 2022, here. The Regulations were made pursuant to section 45 of the Copyright and Neighbouring Rights Act and came into force on 18th March 2022. March: Nigeria’s Copyright Bill, 2022 was signed into law. Katpost on that here. Katpost on some of the Bill’s highlight here.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

Technology & Marketing Law Blog

JANUARY 12, 2022

So it’s a nostalgic kick to blog a pure click fraud ruling in 2022. ” For standing purposes, it doesn’t matter that he still advertises through AdWords. Also, many advertisers are pretty sophisticated and would interpret Google’s statements more skeptically than Singh did. Commonality. ” Typicality.

Advertising 82

Advertising Advertising Settlement Blogging 82

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

The IPKat

JUNE 13, 2022

Digital assets can be protected by IP and have always been capable of being licensed or assigned via a contract, or protected as a trade mark. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140