Herbert Smith Freehills

MAY 24, 2023

Global leading law firm Herbert Smith Freehills has advised Sinopec Fuel Oil on the signing of a long term contract for importation, storage, distribution and sale of petroleum products in Sri Lanka. The deal marks Sinopec's entry into the country's retail fuel market.

Marketing 52

Marketing Marketing Contracts Government 52

The IPKat

JULY 7, 2023

The 2023 “analog” conference on the Metaverse took place in London, lasted three days and hosted several panels and addresses on the different aspects of the IP legal regime concerning the Metaverse and the possibilities of regulation of this changing environment. The following panel analysed generative AI.

Reporting 86

Reporting Music IP Intellectual Property 86

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 69

Contracts Licensing Business Blogging 69

LexBlog IP

JANUARY 19, 2024

As we settle into 2024, we reflect on the significant legal developments of 2023 that hold potential impact on the biologics and biosimilars market. The following is a recap of some of the top five legal decisions and developments in the biosimilars and biologics space in 2023 that we covered on the Big Molecule Watch.

Settlement 52

Settlement Litigation Patent Reporting 52

Technology & Marketing Law Blog

MAY 13, 2024

In November 2023, X corp. 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. on all counts.

Blogging 92

Blogging Contracts Cease and Desist Social Media 92

Technology & Marketing Law Blog

OCTOBER 8, 2023

Thus, the court reaches what becomes a surprising result in light of the Ninth Circuit precedent elsewhere. * * * Section 230 The plaintiffs alleged that VRBO “lists and markets” the property, placed it into the “stream of commerce,” and communicated the property’s conditions. Miller , 2023 U.S.

Contracts 71

Contracts Publishing Marketing Marketing 71

Technology & Marketing Law Blog

NOVEMBER 7, 2023

The appeals court says the plaintiffs “have not adequately defined the relevant market.” ” Instead, they identified 15 different markets in “scattergun fashion.” Contract Breach. 2023 WL 7268325 (9th Cir. Apple appeared first on Technology & Marketing Law Blog. Prior blog post.

Reporting 89

Reporting Blogging Marketing Marketing 89

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 85

Litigation Contracts Advertising Advertising 85

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage. 2023); but see Princeton Express v.

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

JULY 14, 2023

The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant. The plaintiffs made several key concessions: plaintiffs do not contend that there is an express contract provision requiring defendants to post plaintiffs’ videos on YouTube. Google LLC , 2023 WL 4372701 (N.D.

Contracts 79

Contracts Blogging Litigation Licensing 79

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

Technology & Marketing Law Blog

MARCH 2, 2023

It represents a rare federal intervention into contract law, and it does so for good reasons–to reduce the ability of businesses to manipulate the consumer review ecosystem by wiping away negative reviews and leaving only positive reviews. Ideal Horizon Benefits, LLC, 2023 WL 2299570 (E.D. ” Case citation : State v.

Contracts 61

Contracts Social Media Business Blogging 61

Technology & Marketing Law Blog

APRIL 26, 2023

Although we have experienced a technological revolution in the way parties communicate, technological innovation has not altered these fundamental principles of contract formation… there is no evidence that the email allegedly sent to drivers adequately notified drivers of the update. ” Judge Graber dissents in part.

Contracts 76

Contracts Copying Technology Licensing 76

Technology & Marketing Law Blog

APRIL 1, 2023

So this post is 100% true, even if it might sound farcical. * * * This ruling is part of an ongoing multi-iteration tussle (in and out of court) over market share between two rival unions. Maritas, 2023 WL 2726030 (E.D. March 30, 2023) * * * BONUS 1: Edelmania Productions, LLC v. Jordan Service, 2023 WL 424238 (C.D.

Fair Use 102

Fair Use Cease and Desist Contracts Ownership 102

The TTABlog

AUGUST 21, 2023

90483463 (August 16, 2023) [not precedential] (Opinion by Judge Angela Lykos). 90820054 (August 14, 2023) [not precedential] (Opinion by Judge Cindy B. Welch 2023. In re Brand3, Inc. In re Garan Services Corp. In re Genomma Lab Internacional, S.A.B. Serial Nos. Read comments and post your comment here. Text Copyright John L.

Branding 52

Branding Brands Branding Advertising 52

Technology & Marketing Law Blog

NOVEMBER 2, 2023

In the spring of 2021, he relocated to Montana and revamped his contracting business. 2023 WL 7165042 (D. Nextdoor appeared first on Technology & Marketing Law Blog. Duffer complains that he received no new business through Nextdoor after those negative reviews were left online. Nextdoor is “clearly” a provider.

Contracts 79

Contracts Business Blogging Law 79

Olartemoure Blog

NOVEMBER 24, 2023

003 dated November 14, 2023. 9 Provide and disclose truthful, reliable, sufficient, clear, accessible, and updated information on the services, products, and contracts they offer. 9 Comply with the obligations established around electronic commerce.

Intellectual Property 52

Intellectual Property Contracts Registration Marketing 52

Trading Secrets

NOVEMBER 10, 2023

Boston Beer is a brewer and marketer of beers, malt beverages, and hard ciders, known for its Samuel Adams and Angry Orchard products. Downeast is a rival maker and marketer of similar products, namely its eponymous cider. In April 2023, Soudant voluntarily resigned from Boston Beer.

Confidentiality 59

Confidentiality Marketing Marketing Contracts 59

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

LexBlog IP

NOVEMBER 3, 2022

Last week, AbbVie held its third quarter 2022 earnings conference call , which included considerable discussion of forthcoming competition with biosimilars to HUMIRA (adalimumab) in 2023. We expect this percentage to increase further as we conclude additional contract discussions between now and the end of the year. covered lives.

Contracts 52

Contracts Marketing Marketing Intellectual Property 52

The IP Law Blog

MARCH 30, 2023

Most of these fee reductions have an effective date of March 22, 2023, with the remaining ones effective as of April 1, 2023. In some industries, patents may even be essentially required to enter the market and compete successfully. government’s spending package, the Consolidated Appropriations Act , for 2023.

Business 98

Business Inventor Patent Licensing 98

Technology & Marketing Law Blog

AUGUST 9, 2023

The plaintiff also argued that LinkedIn breached its contract with her. Google LLC , 2023 WL 5004078 (N.D. LinkedIn appeared first on Technology & Marketing Law Blog. I think the court is simply reinforcing that LinkedIn isn’t an employment agency and couldn’t comply with the associated obligations.

Contracts 76

Contracts Social Media Blogging Marketing 76

43(B)log

MAY 19, 2023

2023 WL 2433970, -- F. 9, 2023) Roblox runs a “digital world where users create virtual games and experiences and connect with other users.” Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. Roblox Corp. 22-cv-04476-SI (N.D.

Copying 94

Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

AUGUST 19, 2023

2023 WL 5318464 (9th Cir. August 18, 2023) The post Ninth Circuit Easily Dismisses Account Termination Case–King v. Facebook appeared first on Technology & Marketing Law Blog. Case citation : Adrienne Sepaniak King and Christopher Edward Sepaniak King v. Facebook, Inc.

Blogging 85

Blogging Publishing Marketing Marketing 85

Technology & Marketing Law Blog

JULY 20, 2023

Breach of Contract. Plus, the contract reserved Amazon’s right to delete content and terminate accounts in its sole discretion. Amazon didn’t deceive consumers because its contract reserved the rights it exercised: the CPA claim is based on Amazon’s decisions to remove reviews and revoke review privileges.

Contracts 59

Contracts Social Media Publishing Blogging 59

Technology & Marketing Law Blog

NOVEMBER 11, 2023

Contract Formation and Amendment The news wasn’t just bad for Facebook on the trademark front. 2023 WL 7325109 (N.D. 7, 2023) The post Facebook Faces Contributory Trademark Liability for Marketplace Listings–Car-Freshner v. Meta appeared first on Technology & Marketing Law Blog. Meta Platforms, Inc.

Trademark 92

Trademark Contracts Blogging Fair Use 92

LexBlog IP

NOVEMBER 10, 2023

Boston Beer is a brewer and marketer of beers, malt beverages, and hard ciders, known for its Samuel Adams and Angry Orchard products. Downeast is a rival maker and marketer of similar products, namely its eponymous cider. In April 2023, Soudant voluntarily resigned from Boston Beer.

Confidentiality 52

Confidentiality Marketing Marketing Contracts 52

Technology & Marketing Law Blog

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. ” The court doesn’t address the potential licensing market for the tattoo design. 2023 WL 6130030 (W.D. 18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. Netflix, Inc.

Blogging 82

Blogging Copyright Fair Use Copyright Infringement 82

LexBlog IP

JANUARY 6, 2024

Earlier, IPH group firm Pizzeys had sued RnB IP and its two founders – formerly partners in Pizzeys at the time of its acquisition by IPH – for alleged breach of non-compete, non-dealing, and/or non-solicitation restraints that were included in their employment contracts.

Patent 52

Patent IP Contracts Publishing 52

U.S. Department of Commerce

JULY 21, 2023

Stepping into the Executive Director and CEO role here in March 2023, I immersed myself in our public safety engagement, contract oversight, and program management efforts to understand how these critical functions were managed here. One of my takeaways is the FirstNet network has an unparalleled level of oversight and governance.

Government 78

Government Contracts Licensing Technology 78

U.S. Department of Commerce

OCTOBER 30, 2023

Minority Businesses Help Drive America’s Economic Success October 30, 2023 KCPullen@doc.gov Mon, 10/30/2023 - 16:13 Investing in communities and workers Minority business growth Minority entrepreneurs make critical contributions to our economy generating nearly $2 trillion in revenue each year. billion in capital, over $1.6

Business 96

Business Contracts Government Designs 96

LexBlog IP

MARCH 16, 2023

But another emergent issue facing the NFT market is what, if any, application federal securities laws have on the offer and sale of NFTs. 22, 2023 ). In determining whether an “investment contract” was created, the Court applied factors from the “ Howey Test,” named for the seminal 1946 Supreme Court case SEC v.

Non-Fungible Tokens 59

Non-Fungible Tokens Contracts Marketing Marketing 59

43(B)log

OCTOBER 10, 2023

2023 WL 6373871, No. 16, 2023) DealMaker is a financial technology company that provides its users with the ability to raise capital by conducting investment offerings via its online platform. Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%. Novation Solutions, Inc. (o/a o/a DealMaker) v.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

Technology & Marketing Law Blog

DECEMBER 9, 2023

Twitter Corporate Office , 2023 WL 8452200 (S.D.N.Y. 6, 2023) The post Suspended Twitter User Loses Lawsuit Over Data Access–Thomas v. Twitter appeared first on Technology & Marketing Law Blog. Case Citation : Thomas v.

Social Media 80

Social Media Blogging Publishing Marketing 80

The IP Law Blog

MAY 4, 2023

On April 24, 2023, the Ninth Circuit issued its opinion in Epic Games, Inc. Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. The Ninth Circuit began analyzing the Section 1 claim by focusing on the proper definition of the market. Apple, Inc. ,

Marketing 98

Marketing Marketing Privacy Contracts 98

43(B)log

JANUARY 3, 2024

CrossCountry Mortgage, LLC, 2023 WL 9022893, No. 29, 2023) loanDepot alleged that CCM, its chief competitor, “improperly poached” 32 employees, and CCM and various former employees. These allegations provide no information about the size of the market or the number of customers to receive the allegedly false advertising.”

False Advertising 59

False Advertising Cease and Desist Advertising Advertising 59

Technology & Marketing Law Blog

APRIL 4, 2023

It merely denies Google a safe harbor defense should plaintiffs bring some other claim against the ISP for removing allegedly infringing material, such as a state contract or tort law claim.” Google, LLC , 2023 U.S. March 31, 2023). Google appeared first on Technology & Marketing Law Blog. LEXIS 57196 (W.D.

Publishing 67

Publishing Copyright Infringement Contracts Blogging 67