43(B)log

JUNE 26, 2023

lawsuits against clubs for advertising them with images of models without those models’ consent. The relevant policy provides coverage for bodily injury, property injury, and advertising injury, subject to certain conditions and exclusions. Covered personal/advertising injury included d.

Advertising 72

Advertising Advertising False Advertising Intellectual Property 72

LexBlog IP

JANUARY 4, 2022

Review Your Contracts Every Year. One of the most important tools to protect your business – your ideas (copyrights, trademarks, trade secrets, confidential and proprietary information), customer relationships and talent pool – is your written contract. Franken-contracts can ruin your business.

Contracts 52

Contracts Business Confidentiality Privacy 52

LexBlog IP

JULY 26, 2023

In this article, we will delve into the key provisions of these laws and their implications for e-commerce businesses in the UAE. Electronic signatures are recognized as equivalent to handwritten signatures, and contracts remain valid and enforceable if made using electronic documents. These contracts are legally valid and enforceable.

Business 52

Business Advertising Advertising Contracts 52

43(B)log

SEPTEMBER 14, 2021

The false advertising counterclaim arose from a legal memo that IHS sent to customers who had been contacted by two people on behalf of defendant TDM: We understand that you have been contacted by Trade Data Monitor offering an equivalent service to the Global Trade Atlas.

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

SEPTEMBER 1, 2021

3, 2021) Plaintiffs, on behalf of a putative class of advertisers, alleged that LinkedIn overstates the level of actual user engagement with ads on its platform in order to charge premium rates to advertisers. A couple of months later, LinkedIn notified the affected advertisers and provided them with makegoods. LinkedIn Corp.,

Business 59

Business Advertising Advertising Contracts 59

LexBlog IP

AUGUST 18, 2021

It is inevitable in almost every business. Review the contract. Review the contract/offer letter. text: ‘Advertisements’, }, creative: {. “Five Rs” To Remember When Letting Employees Go. You will need to let an employee go. Regardless of the reason, here are five “R”s to keep in mind.

Advertising 86

Advertising Advertising Art Law 86

43(B)log

MARCH 28, 2024

26, 2024) Defendant, d/b/a Wonderland, operated an adult entertainment club and was one of the many such sued by various models for using their images in advertising without their consent from 2015 to 2019. Defendants counterclaimed for payment and damages for breach of contract and bad faith.

Advertising 64

Advertising Advertising Settlement Contracts 64

43(B)log

APRIL 26, 2022

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. The court disagreed. This was enough for reliance for UCL standing purposes.

Advertising 66

Advertising Advertising Social Media Contracts 66

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

SEPTEMBER 10, 2021

AB allegedly began advertising for a similar product, claiming that its load bars have “30% more Holding Power than similar Disposable Load Bars,” allegedly an admitted reference to Logistick. AB argued that its ad never mentioned or referenced Logistick, so it couldn’t interfere with Logistick’s business. AB Airbags, Inc.,

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Technology & Marketing Law Blog

MARCH 25, 2024

It’s a reminder of why Twitter will never be profitable again (it’s dissipating its cash on wasteful litigation instead of building a non-cesspool business), and that check will be yet another embarrassing confirmation of Musk’s hypocrisy and fragile ego. Breach of Contract Twitter’s TOS bans scraping.

Litigation 84

Litigation Contracts Advertising Advertising 84

43(B)log

SEPTEMBER 28, 2021

Roach, meanwhile, makes frequent use of the phrase “The Unstoppable Entrepreneur” and applied to register the phrase for “Business consultancy; Business marketing consulting services.” Entrepreneur’s desire to bring forth a claim for false advertising against a competitor in a similar market is not unusual behavior.”

False Advertising 45

False Advertising Advertising Advertising Contracts 45

TorrentFreak

NOVEMBER 14, 2023

Bogus DMCA takedown notices are nothing new, but the rise of organized groups using malicious DMCA notices as a business tool has been apparent in recent years. Defendants’ illegal, fraudulent scheme harms consumers, third-party businesses, and Google; stifles competition; and threatens to tarnish Google’s trusted brand.”

Advertising 138

Advertising Advertising Business Copyright 138

Olartemoure Blog

DECEMBER 5, 2023

Junk fees refer to hidden and deceptive charges imposed by businesses, often during or after a transaction, that are not adequately disclosed upfront. Consumers may find themselves paying more than anticipated, eroding their trust in businesses. Besides, to address this issue, the FTC has invited public comments on the proposed rule.

Advertising 105

Advertising Advertising Business Television 105

43(B)log

FEBRUARY 7, 2022

28, 2022) Wound Care is a Medicare-enrolled supplier of surgical wound dressings to patients in nursing homes and other long-term care facilities nationwide under nonexclusive agreements; mostly facilities enter supply contracts with Wound Care on behalf of their patients under an assignment of benefits issued to the facilities by the patients.

Advertising 59

Advertising Advertising False Advertising Contracts 59

43(B)log

APRIL 29, 2022

The judge recommended rejecting Lanham Act claims because statements made to Amazon only aren’t “commercial advertising or promotion” (the judge at one point wrongly shorthands this as “not commercial speech,” but finishes by correctly focusing on “not commercial advertising or promotion”), but rejecting the rest of the motion to dismiss.

Advertising 45

Advertising Advertising Contracts Patent 45

Patently-O

FEBRUARY 10, 2022

The Federal Circuit relies upon traditional contract law principles to determine whether a particular communication constitutes such an offer. Remember the contract foundational trio: Offer, Acceptance, Consideration. Sometimes an unsolicited letter such as this may be seen as merely an advertisement.

Business 78

Business Patent Invention Design Patent 78

43(B)log

SEPTEMBER 16, 2021

The court found that the alleged statements weren’t “commercial advertising” covered by the Lanham Act. It “began a campaign to systematically contact and try to poach business from Homeowners under exclusive contract with [Plaintiff]. The question was whether the alleged misrepresentations were “sufficiently disseminated.”

Advertising 59

Advertising Advertising False Advertising Marketing 59

43(B)log

FEBRUARY 8, 2024

These free trials are critical to Sirius XM’s business model, which “relies on converting these millions of vehicle buyers from free trial users into paid subscribers of automatically renewing music plans.” However, the advertised rates don’t include the “U.S. Music Royalty Fee in addition to the advertised and promised price.” “At

Music 59

Music Contracts Advertising Advertising 59

43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of its own TOS.

Copying 94

Copying False Advertising Social Media Advertising 94

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

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

Plagiarism Today

DECEMBER 7, 2022

For academics concerned about the impact of artificial intelligence (AI) on academic integrity, it has been a very busy week. Though most contract cheating still takes place in person, students that want to skip writing an essay already have plenty of options online and are likely being bombarded by advertising for them already.

Plagiarism 233

Plagiarism Contracts Journalism Advertising 233

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 113

Social Media Contracts Advertising Advertising 113

IP and Legal Filings

NOVEMBER 6, 2022

The media and entertainment (M&E) industry, comprises of a diversified range of businesses, which are frequently engaged in dissemination of creative expression and information. Or whether the agencies should be provided royalties for the same if the idea is used for marketing purposes after their contract has ended?

Ownership 52

Ownership Intellectual Property IP Contracts 52

LexBlog IP

FEBRUARY 16, 2024

With California’s unique laws on classifying independent contractors, including how “work made for hire” language is interpreted in California, businesses should pay attention to best practices for a successful partnership. Instant Replay —Is the Celebrity an Independent Contractor or Employee under California Law?

Social Media 52

Social Media Intellectual Property Contracts Branding 52

Technology & Marketing Law Blog

MARCH 29, 2022

“any injury to the Plaintiff caused by cheating or unfair play in this game was reasonably avoidable, the harm did not affect the public interest, and it did not cause injury to her business or property.” ” Breach of Contract. ” Products Liability. An online videogame isn’t a “product.”

Contracts 111

Contracts Advertising Advertising Confidentiality 111

IPilogue

JANUARY 11, 2023

The newspaper’s print and digital formats reach over 6 million readers every week, with Report on Business magazine reaching over 2.5 Over the course of my time at The Globe, I gained vast and multidisciplinary experience, but three major themes emerged within my practical and research work: privacy, contracts, and data protection.

Journalism 80

Journalism Privacy Contracts IP 80

Technology & Marketing Law Blog

JUNE 9, 2022

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 103

Contracts Privacy Social Media Advertising 103

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

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 134

Contracts Publishing Law Government 134

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 77

Blogging Copyright Contracts Cease and Desist 77

The IPKat

SEPTEMBER 26, 2021

Subsequently, the Committee published a report which set out a number of recommendations to Government [ Katpost here ] that included equitable remuneration for streaming, contract adjustments as well as referrals to the Competition and Markets Authority (CMA) and the Advertising Standards Agency (ASA).

Music 130

Music Government Contracts Marketing 130

The TTABlog

AUGUST 21, 2023

[Section 2(d) refusal of the mark shown below [BRANDS disclaimed], for "Brand concept and brand development services for corporate and individual clients; Providing advertising and marketing consulting services to corporate and individual clients; Website traffic optimization for the websites of corporate and individual clients," in view of the mark (..)

Branding 52

Branding Brands Branding Advertising 52

IPilogue

JULY 15, 2021

Then, in May 2021, the fashion brand Rag & Bone advertised a new, officially-licensed Cruella -inspired collection—without Beavan’s knowledge or attribution. Many costume designers’ contracts with big production companies currently do not address involvement in merchandising. Conflict arises in contracts’ terms.

Licensing 106

Licensing Contracts Designs Design 106

43(B)log

FEBRUARY 3, 2024

Mary Katherine Amerine, Reasonably Careless Consumers in TM & False Advertising How do courts treat consumers in TM and false advertising cases? False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. Beer Nuts, Bulls’ Eye v. Dougies for diapers.

False Advertising 49

False Advertising Contracts Branding Brands 49

43(B)log

AUGUST 25, 2022

The false advertising parts: Jeong alleged that Nexo advertised to consumers that it does not own users’ collateral (e.g., The court now found the breach of contract claim sufficiently pled. Under the CFL, a “finance lender” includes “any person who is engaged in the business of making consumer loans or making commercial loans.”

False Advertising 59

False Advertising Ownership Advertising Advertising 59