Technology & Marketing Law Blog

AUGUST 7, 2023

Verio ruling (both the contracts and TTC portions) and the Hamidi ruling. I welcome your suggestions. * * * Over the years, I’ve posted a number of book excerpts, including: The entire chapter on online contracts. I posted the 2022 version. Contracts Meyer v. Social Media People v. PhotoPlaza (9th Cir.)

Editing 52

Editing Law Contracts Privacy 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

JIPEL Copyright Blog

MARCH 9, 2022

The museum industry, it would seem, is taking note of technology’s growing role in its operations, particularly in regards to visitor engagement and staying relevant in a social media-driven society where declining visitation rates have only been exacerbated by the ongoing pandemic.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

IP Tech Blog

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law. And in February 2022, Nike, Inc.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

43(B)log

FEBRUARY 18, 2022

Jim Gibson, Against Reputation In contracts, defamation, TM, conceptions of reputation are misguided. Leah Chan Grinvald: Does social media make it easier to establish secondary meaning with virality? Doesn’t descriptive fair use preserve the primary meaning already? How is reputation constructed in law?

Copyright 69

Copyright Business Branding Brands 69

LexBlog IP

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law. And in February 2022, Nike, Inc.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Copyright Lately

DECEMBER 12, 2022

” The Court held that 2 Live Crew’s version qualified as a non-infringing fair use because it was a parody that sufficiently transformed the Orbison original. On March 8, 1994, The New York Times reported 2 Live Crew’s Supreme Court fair use victory. Lil’ Joe Makes a Deal.

Copyright 103

Copyright Music Fair Use Social Media 103

IIPRD

JANUARY 18, 2022

It has the ability to be one-of-a-kind and unrepeatable token that cannot be split but may be used to represent real or virtual world things, as well as the token’s own qualities and ownership, all while remaining within a blockchain representation. This endows NFTs with the unique qualities that make them so desirable.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124