Technology & Marketing Law Blog

AUGUST 29, 2022

That’s a long prelude to explaining how my “summer 2022” really dates back to November 2021 and won’t end until January. Nevertheless, as the semester has already started at Santa Clara Law, I’ll do my rundown of my 2022 outputs-to-date anyway. Regulation of Political Advertising (2022 Edition).

Editing 89

Editing Social Media Blogging Advertising 89

JD Supra Law

NOVEMBER 28, 2023

Since the public release of ChatGPT in November 2022, generative artificial intelligence (GenAI) has quickly emerged as a potentially transformative technology. By: Hutchison PLLC

Contracts 122

Contracts Marketing Marketing Technology 122

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 127

Blogging Contracts Fair Use Copyright Law 127

Technology & Marketing Law Blog

JANUARY 5, 2023

” Moreover, her contract claims are based on Defendants’ description of the tour conducted by MAT. 2022 WL 17737285 (D. 2022 WL 4456077 (C.D. July 29, 2022). Google LLC v Defteros [2022] HCA 27. 2022 WL 2181068 (N.D. 2022 WL 2181068 (N.D. June 16, 2022). 2022 WL 3586166 (N.D.

Social Media 115

Social Media Publishing Marketing Marketing 115

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 114

Law Social Media Government Privacy 114

Technology & Marketing Law Blog

AUGUST 11, 2023

Another 3k+ word post about the jurisprudential chaos in online contract formation law. But ultimately, the onus is on Disney to create a contract formation process so conspicuous that a court can’t reach decisions like this. Once effective, it will govern your use and enjoyment of your Disney+ or ESPN+ subscription.”

Contracts 72

Contracts Law Reporting Blogging 72

Technology & Marketing Law Blog

SEPTEMBER 18, 2022

Adobe published a survey, the “ Future of Creativity: 2022 U.S. I have no idea where this is coming from, but it suggests that the law of contracts may get emojified in a big way!]. The post Comments on Adobe’s 2022 Emoji Usage Trends Survey appeared first on Technology & Marketing Law Blog.

Blogging 120

Blogging Contracts Law Publishing 120

Kluwer Copyright Blog

OCTOBER 17, 2022

Thus, the digital context of copyright exploitation contracts leads to questions of applicable law. Business-to-business contracting parties enjoy significant freedom in determining the law applicable to their contractual relationship. The online exploitation of content protected by copyright inherently entails cross-border aspects.

Contracts 52

Contracts Law Copyright Moral Rights 52

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

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 96

Blogging Contracts Cease and Desist Social Media 96

Kluwer Copyright Blog

OCTOBER 19, 2022

This is the second of a set of two blog posts (see Part 1 here ) which analyses the limitations to parties’ freedom to determine the law applicable to contracts aimed at the exploitation of protected content online. to the extent that the contract covers significant acts of exploitation in Germany (Article 32b German Copyright Act ).

Contracts 52

Contracts Law Copyright Intellectual Property 52

Technology & Marketing Law Blog

JULY 2, 2023

The court summarizes: Mr. Mickleborough had a contract drafted for Achter to sell SWT 86 metric tonnes of flax to SWT at a price of $17.00 Mr. Mickleborough applied his ink signature to the contract, then took a photo of the contract using his cell phone. per bushel (which amounts to $669.26 In Bardales v.

Contracts 137

Contracts Blogging Technology Law 137

The IPKat

AUGUST 24, 2023

While the AmeriKat is still recovering from 2020, her Belgian Katfriends sum-up what was 2022 in Belgian patent litigation 'Tis the season for a look at the cases that were in 2022 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2023.

Litigation 52

Litigation Law Patent Invention 52

Indiana Intellectual Property Law

OCTOBER 5, 2022

Per the Plaintiff’s website, 3CHI was founded by a biochemist that has focused on cannabinoid research and brining minor cannabinoids to market. During her employment, Journay was promoted to Marketing Manager. She resigned from her position via a text that simply stated “I quit” on April 22, 2022.

Marketing 52

Marketing Marketing Confidentiality Government 52

43(B)log

DECEMBER 16, 2022

Roup, 2022 WL 17670418, No. 12, 2022) Plaintiffs sued defendants for copyright infringement, violation of the Lanham Act, breach of contract, and violation of unfair competition law; copyright and breach of contract claims survived a motion to dismiss but the others didn’t. Breach of contract claims survived.

Marketing 59

Marketing Marketing False Advertising Contracts 59

Kluwer Copyright Blog

JANUARY 9, 2023

Garrix had entered into a record production contract with the label at a very young age. Having become a successful DJ and finding the terms of the contract unfair, Garrix sought annulment for a variety of legal reasons.

Copyright 95

Copyright Blogging Fair Use Reporting 95

Technology & Marketing Law Blog

JULY 22, 2022

This covers the breach of contract claim too. Contract breach. Dorsey , 2022 WL 2820107 (N.D. July 19, 2022). Dorsey appeared first on Technology & Marketing Law Blog. ” Cites to Roommates.com and Barnes v. Cite to King v. Prima Facie Case. See the dataset from last year. Case citation : Rangel v.

Contracts 101

Contracts Publishing Blogging Marketing 101

LexBlog IP

APRIL 25, 2022

On February 4, 2022, the Treasury Department published its Study on the Facilitation of Money Laundering and Terror Finance Through the Trade in Works of Art (the “Report”). [1] Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk.

Art 52

Art Marketing Marketing Due Diligence 52

Trading Secrets

DECEMBER 29, 2022

Throughout 2022, our dedicated Trade Secrets, Computer Fraud & Non-Compete practice group hosted a series of CLE webinars that addressed significant trade secret and restrictive covenant issues facing companies today. Overview of Non-Compete Legislation and Enforcement Issues from 2022. View the Recording.

Confidentiality 59

Confidentiality Business Law Contracts 59

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. Twitter for this intersection of Section 230 and contract breach claims. 2022 WL 1240860 (N.D. April 27, 2022). & Prof.

Contracts 108

Contracts Advertising Advertising Publishing 108

IPilogue

JANUARY 9, 2023

I was seated with a digital marketing employee, employees in the clinical research and development team, and an employee in the respiratory team. AstraZeneca is a global company, some contracts can require engaging in services in other countries. AstraZeneca focuses on clinical research but also marketing and sales of its IP.

Business 110

Business Privacy Contracts Confidentiality 110

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

Technology & Marketing Law Blog

JUNE 18, 2022

The plaintiffs point to the Facebook-Cognizant contract as the source of that duty. 2022 WL 2106077 (M.D. June 10, 2022). Cognizant appeared first on Technology & Marketing Law Blog. ” Furthermore, Cognizant may not have had a duty to disclose. ” Nor does OSHA. ” Nor does OSHA.

Contracts 111

Contracts Blogging Business Technology 111

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 92

Blogging Contracts Copyright Law Copyright 92

Technology & Marketing Law Blog

AUGUST 12, 2023

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged. The appeals court says that the contract damages allegation was conclusory and insufficient, so that claim fails too.

Contracts 70

Contracts Licensing Business Blogging 70

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

Technology & Marketing Law Blog

MAY 17, 2022

Contract Formation. Reminder: a second click is best practice because it reduces risk of contract formation failure, like what happens here). The court doesn’t specify what contract terms gap-fill in the TOS’s absence, but those default rules won’t be as favorable to Roblox as their TOS. 2022 WL 1459568 (N.D.

Contracts 124

Contracts Publishing Licensing Editing 124

LexBlog IP

DECEMBER 30, 2022

As 2022 comes to a close, we review Big Molecule Watch’s top five biosimilar regulatory developments of the year: USPTO Outlines New Initiatives Regarding Drug Pricing. The post Year in Review: Top Biosimilars-Related Regulatory Developments of 2022 appeared first on Big Molecule Watch.

Reporting 52

Reporting Patent Application Intellectual Property Marketing 52

Technology & Marketing Law Blog

MARCH 24, 2022

” It contracted with Vimeo to host and distribute up to 2,000 hours of videos/year. Daystar uploaded over 3,000 videos to Vimeo pursuant to this contract. ” Daystar sued Vimeo in NY state court for breach of contract and unjust enrichment. .” Contract Breach Claim. 2022 WL 839409 (N.Y.

Contracts 125

Contracts Television Blogging Publishing 125

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

Technology & Marketing Law Blog

FEBRUARY 9, 2022

regulated and domiciled checking, savings, money market, brokerage, or credit card Account of [the customer] held directly or indirectly by a Financial Institution and established primarily for personal, family or household purposes. New York law recognizes unjust enrichment despite the existence of a contract in “unusual” circumstances.

Contracts 105

Contracts Government Marketing Marketing 105

Technology & Marketing Law Blog

DECEMBER 10, 2022

2 claim, alleging that Google willfully monopolized a market. But which market? Dreamstime now says it’s complaining about the online search market; but the appeals panel concludes that Dreamstime repeatedly insisted to the lower court that it was complaining ONLY about the online search ad market. Case dismissed.

Advertising 101

Advertising Advertising Marketing Marketing 101

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 115

Social Media Contracts Advertising Advertising 115

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. a company hired by Coinbase to design, market, and execute the sweepstakes.

Contracts 59

Contracts False Advertising Advertising Advertising 59

Technology & Marketing Law Blog

DECEMBER 28, 2022

Users sued Coinbase and its marketing agency, asserting claims under state law. Most recently Kieran covered International Markets v. Officially declared dead, 2022. Interestingly, the plaintiffs also named the marketing agency involved in the sweepstakes. Coinbase launched “Dogecoin promotion” sweepstakes in 2021.

Marketing 92

Marketing Marketing Contracts Blogging 92

Kluwer Copyright Blog

JULY 27, 2022

Almost 3 years after the adoption of the Digital Single Market ( Directive (EU) 2019/790 ) (CDSM Directive), its transposition by the Member States (MS) has proved to be a significant challenge. Source: European Copyright Society. MS should be vigilant that the public interest and the harmonizing goal sought by Article 5 is duly satisfied.

Copyright 98

Copyright Marketing Marketing Copyright Law 98

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 80

Blogging Copyright Contracts Cease and Desist 80