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 91

Blogging Contracts Copyright Law Copyright 91

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Equally importantly, the court failed to provide the jury with instructions on two other defenses—waiver and implied license. The implied license argument is particularly important here. An appeal in Alexander v.

Blogging 134

Blogging Fair Use Copyright Infringement Copyright 134

IPilogue

NOVEMBER 18, 2022

A licensing agreement between Mascotte and Adidas exists for the “Yeezy” trademarks. The dissolution of this contract will rely on the termination clauses that stipulate the division of IP between the parties or whether any “moral” clauses allow early termination of the contract.

Business 131

Business Contracts Branding Brands 131

Technology & Marketing Law Blog

MARCH 25, 2024

These reports allegedly caused advertisers to pause their Twitter advertising campaigns, starving Twitter of much-needed revenues. 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.

Litigation 85

Litigation Contracts Advertising Advertising 85

Technology & Marketing Law Blog

OCTOBER 25, 2023

” The court doesn’t address the potential licensing market for the tattoo design. 18, 2023) Prior Tattoo Copyright Blog Posts Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. Netflix appeared first on Technology & Marketing Law Blog. Case Citation : Cramer v. Netflix, Inc. Warner Bros.

Blogging 83

Blogging Copyright Fair Use Copyright Infringement 83

IP Tech Blog

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Any contract should therefore include language that ensures the influencer will comply with the applicable disclosure requirements.

Marketing 57

Marketing Marketing Branding Brands 57

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 117

Blogging Law Contracts Cease and Desist 117

Technology & Marketing Law Blog

JULY 26, 2023

In addition to providing Chegg’s for-pay services online for free, Homeworkify has used and continues to use Chegg’s name in Google Advertising. Breach of Contract As is common with scraping cases in 2023, just because the scraper prevails on the CFAA claim doesn’t mean the scraper is going to prevail. The horror! Also, this is dicta.

Cease and Desist 86

Cease and Desist Blogging Contracts Privacy 86

LexBlog IP

MAY 19, 2023

This blog explores some considerations surrounding influencer marketing and highlights key aspects that should be addressed in contracts to ensure a mutually beneficial and legally compliant partnership. Any contract should therefore include language that ensures the influencer will comply with the applicable disclosure requirements.

Marketing 52

Marketing Marketing Contracts Branding 52

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

LexBlog IP

FEBRUARY 16, 2024

This blog has been cross-posted on Seyfarth’s California Peculiarities Employment Law blog. In the past, famous people simply served as the face of a brand or endorsed a product in a short advertisement. This includes providing input on package or product designs and colorways and overseeing the production process.

Social Media 52

Social Media Intellectual Property Contracts Branding 52

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. For example, the owners of the famous “ Grumpy Cat ” meme licensed the use of the name, image and likeness of the cat – and successfully enforced these rights.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

Technology & Marketing Law Blog

SEPTEMBER 8, 2023

The court dismisses the contract and IIED claims on Section 230 grounds. In our Advertising & Marketing Law casebook, Prof. Meta appeared first on Technology & Marketing Law Blog. (The Wikipedia entry gives some clues about why the movie may not have performed as well as the producers hoped). Google ruling from 2007.

Contracts 88

Contracts Marketing Marketing Publishing 88

Technology & Marketing Law Blog

JUNE 2, 2022

” However, Sedlik “believed he licensed the Portrait for use in the making of a tattoo, and that he has been approached several times by tattooists or their clients to request a license to use the Portrait in a tattoo and that he may have rejected at least some of their requests if he did not approve of the quality of their work.”

Copyright 142

Copyright Social Media Fair Use Licensing 142

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 100

Advertising Advertising Marketing Marketing 100

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

Technology & Marketing Law Blog

DECEMBER 7, 2022

See my blog post on the lower court ruling. 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.” YouTube defended on Section 230 and other grounds.

Contracts 136

Contracts Publishing Law Government 136

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. Forge of Empires appeared first on Technology & Marketing Law Blog. ” Products Liability. An online videogame isn’t a “product.” Implications.

Contracts 113

Contracts Advertising Advertising Confidentiality 113

IPilogue

SEPTEMBER 9, 2022

In this contract, it was stipulated that for licences, he would be paid a royalty rate of approximately 50%, but for a sale, such as the sale of a CD, he would be paid a royalty rate of 18%. When Four Tet’s contract was signed in 2001, these standard licensing terms were different for the music industry. Sales vs Licences.

Music 104

Music Intellectual Property Contracts Settlement 104

Technology & Marketing Law Blog

JANUARY 12, 2022

So it’s a nostalgic kick to blog a pure click fraud ruling in 2022. “Singh has testified that he read alleged misrepresentations about invalid clicks on the AdWords blog and that he relied on those statements before signing up for AdWords. Commonality. ” Typicality. per month and Home Depot spends $6.81M per month.

Advertising 83

Advertising Advertising Settlement Blogging 83

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). Regulation of Political Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). Regulation of Housing Advertising (2022 Edition). I posted a chapter from the book: Online Contracts. Blog Posts.

Editing 89

Editing Social Media Blogging Advertising 89

Technology & Marketing Law Blog

JANUARY 23, 2024

by guest blogger Kieran McCarthy The intersection of the Federal Arbitration Act and the law of online contracts has become utterly corrosive to our legal system. The problem with the FAA and online contracts, of course, is that no one is agreeing to arbitrate anything. Consumer Contracts (Tent. Many people think this is true.

Contracts 78

Contracts Blogging Advertising Advertising 78

Technology & Marketing Law Blog

OCTOBER 29, 2021

That lawsuit has already resulted in two Second Circuit opinions (and three blog posts). Anarchy Has Ensued In Courts’ Handling of Online Contract Formation (Round Up Post). Qwest Gets Mixed Rulings on Contract Arbitration Issue—Grosvenor v. Defective Call-to-Action Dooms Online Contract Formation–Sgouros v. Trilegiant.

Contracts 83

Contracts Privacy Blogging Litigation 83

IPilogue

JANUARY 11, 2023

There are significant overlaps and considerations to think of with the roll-out of a privacy policy, consumer protection laws, and a range of different agreements including those related to advertising, purchase and sale, events, and content production freelancer rights.

Journalism 80

Journalism Privacy Contracts IP 80

Technology & Marketing Law Blog

FEBRUARY 14, 2024

But this fact does not turn a conduit website like GMB into a livery… GMB simply provided a platform for Petitioner Chaves (the livery) to perform the tasks of advertising his boat rental, negotiating a rate, renting his own vessel, and earning a rental fee. .'” Publisher/Speaker Claim. portion of the total rental fee.

Contracts 73

Contracts Advertising Advertising Privacy 73

Technology & Marketing Law Blog

JUNE 9, 2022

This blog post will show how data snarfers vex the courts and expose unfortunate gaps in existing legal doctrines. * * *. BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.”

Contracts 104

Contracts Privacy Social Media Advertising 104

Nelligan Law

MARCH 6, 2023

But what do you do if the renovation does not finish, or the work done is of worse quality than advertised? The most important factor in if you can sue your contractor is the contract you have to complete the renovation with the contractor. A contract can be implied, oral or written. Can I sue my contractor? What are damages?

Law 52

Law Contracts Litigation Ownership 52

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Shared sued Facebook for: Shared avers that Meta committed conversion (Claim 1), breach of contract (Claim 3), and breach of the implied covenant of good faith and fair dealing (Claim 4) in suspending access to Shared’s Facebook pages, contrary to the Facebook Terms of Service. & Prof. Section 230.

Contracts 92

Contracts Social Media Advertising Advertising 92

IP and Legal Filings

APRIL 8, 2022

Click wrap agreements are contracts between a service provider and an online user in which the user must agree to the terms and conditions of the service provider before utilizing any website or programme. Before installing software or using a website, a user must click on a box or button in the Click wrap Contract.

Contracts 52

Contracts Law Business Technology 52

IP and Legal Filings

APRIL 8, 2022

Clickwrap agreements are contracts between a service provider and an online user in which the user must agree to the terms and conditions of the service provider before utilizing any website or programme. Before installing software or using a website, a user must click on a box or button in the Clickwrap Contract.

Contracts 52

Contracts Law Business Technology 52

Technology & Marketing Law Blog

JULY 9, 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.” Prior blog post. ” The court rebuffed the FTC’s attempt to distinguish Dyroff. ’”. . Thibodeaux v.

Advertising 122

Advertising Advertising Publishing Blogging 122

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 97

Contracts Registration Designs Design 97

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 88

Licensing Copyright Contracts Advertising 88

Technology & Marketing Law Blog

MARCH 5, 2024

These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the marketing agent’s possible secondary liability exposure for the vendors’ activities.

Artwork 97

Artwork Trademark Publishing Marketing 97

IPilogue

JANUARY 21, 2022

Game publishers can decide what teams/players may compete, who may host tournaments, and how tournaments are advertised and broadcasted. However, much of this power is effectuated contractually through end-user license agreements or applicable terms of service with individuals and tournament organizers.

Publishing 110

Publishing Intellectual Property IP Copyright 110

Technology & Marketing Law Blog

NOVEMBER 30, 2022

I guess RCN can better manage its copyright liability exposure by advertising that it provides shitty connections. RCN appeared first on Technology & Marketing Law Blog. Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? More confusing discussion about 1202, though.

Copyright 126

Copyright Advertising Advertising Copyright Infringement 126

Technology & Marketing Law Blog

JULY 22, 2021

Courts have rejected Section 230 defenses against claims for false advertising, deceptive trade practices, and tortious interference. Certain claims sounding in contract or tort may be beyond the reach of Section 230(c)(2)’s protection from suit. Vimeo appeared first on Technology & Marketing Law Blog. Google, Inc. ,

False Advertising 141

False Advertising Contracts Editing Advertising 141