LexBlog IP

JULY 21, 2022

The Italian Competition and Market Authority (“AGCM” or “Authority”) has closed an investigation launched in July 2021 against McDonald’s Development Italy LLC (“McDonald”) regarding an alleged violation of art. 9 of Italian Law no.

Marketing 52

Marketing Marketing Contracts Business 52

43(B)log

SEPTEMBER 16, 2021

The court found that the alleged statements weren’t “commercial advertising” covered by the Lanham Act. Allegations: With the goal of increasing its market share, Vacasa “sent out promotional mailers to homeowners with properties located in the same geographic areas where [Plaintiff] manages vacation rental properties.”

Advertising 59

Advertising Advertising False Advertising Marketing 59

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

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

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

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced. The Bottom Line.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

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

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

DECEMBER 16, 2022

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. CV 22-4735-RSWL-Ex (C.D.

Marketing 59

Marketing Marketing False Advertising Contracts 59

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

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

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. Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform.

Copying 94

Copying False Advertising Social Media Advertising 94

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. Forge of Empires appeared first on Technology & Marketing Law Blog.

Contracts 112

Contracts Advertising Advertising Confidentiality 112

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

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

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 135

Contracts Publishing Law Government 135

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

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

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

JULY 20, 2023

Time and resources are tight, and the best legal teams know how to support their businesses: commercial know-how and sharp insight without the ivory tower. Advertising moves fast. So now I’m joining another amazing squad, the BakerHostetler Advertising, Marketing, and Digital Media team.

Advertising 40

Advertising Advertising Contracts Marketing 40

Intepat

APRIL 10, 2022

It provides assistance on market development, quality, and technology up-gradation. Trademarks help your business to stand out from the crowd where there are so many look-alike products. Businesses are becoming more and more customer-oriented. MSMEs can use the trademark as a source of advertisements. Registration fee.

Registration 98

Registration Trademark Branding Brands 98

43(B)log

JULY 1, 2022

30, 2022) “This case began as a routine suit for breach of a noncompete provision in an employment contract. Lanham Act false advertising: Failing to delete email and voicemail accounts is not “commercial advertising or promotion.” Continental Diamond Tool Corp., 2022 WL 2355481, No. 1:21-CV-274-HAB (N.D.

Advertising 59

Advertising Advertising False Advertising Public Use 59

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

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

OCTOBER 25, 2023

” Market Effect. The litigants are in different markets. “Plaintiff sells tattoos and gift cards for her tattoo business, and Defendants sell a streaming media service.” ” The court doesn’t address the potential licensing market for the tattoo design. Warner Bros.

Blogging 82

Blogging Copyright Fair Use Copyright Infringement 82

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. While certain attributes of the accounts made it unclear as to whether they were personal or business-focused accounts, the evidence was clear that the accounts were used extensively by JLM or by Ms. Gutman in her role as an employee of JLM.

Social Media 97

Social Media Ownership Branding Brands 97

Technology & Marketing Law Blog

JULY 26, 2023

Cases where someone is pilfering data and/or ripping off someone’s business wholesale, and the only question is which claims will be used to take them down. 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. The horror! Also, this is dicta.

Cease and Desist 85

Cease and Desist Blogging Contracts Privacy 85

Technology & Marketing Law Blog

DECEMBER 9, 2022

Or, for that matter, hiQ Labs, who has effectively been run out of business by their ongoing litigation with LinkedIn, and who has been on the losing end of almost every key legal decision in their dispute with LinkedIn. As with most things, the rules that apply to Google might not apply to your business. Just ask BrandTotal.

Blogging 115

Blogging Law Contracts Cease and Desist 115

Indiana Intellectual Property Law

FEBRUARY 23, 2023

Per Plaintiff’s website, MaddenCo is a privately held family business and has been for over 40 years. The complaint alleges that both Reed and Darby joined HG Autotech and used MaddenCo’s confidential information or copyrighted works, to reproduce, develop, use, market, and/or sell competing products and services.

False Advertising 52

False Advertising Confidentiality Copyright Infringement Contracts 52

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 96

Contracts Registration Designs Design 96

43(B)log

NOVEMBER 8, 2021

Touro’s online program was allegedly marketed and priced as a “separate and distinct product[ ]” and bore no fees for in-person services. Breach of contract: The complaint failed to allege specific promises sufficient to form an implied contract to provide on-campus services.

Contracts 64

Contracts Government Marketing Marketing 64

The IPKat

MAY 2, 2023

The defendants challenged the international jurisdiction of the Finish court, arguing that they neither target the Finish market nor sell their products in Finland. Lännen sued Berky and Senwatec before a Finish court alleging that the infringing acts took place in Finland and, therefore, basing international jurisdiction on Art.

Art 70

Art Business Advertising Advertising 70

Trading Secrets

JUNE 22, 2022

One such exception is the sale of business exception found in California Business & Professions Code § 16601. After years of developing these firms, Owen entered into a joint venture with Meyer Corporation in 2011, whereby Meyer would provide capital and business expertise to Owen’s firms.

Ownership 98

Ownership Business Contracts Law 98

The IPKat

JANUARY 18, 2022

The proceedings are based on the new German competition tool which provides for an extended abuse control by the competition authority against companies which have been determined as being of “paramount significance for competition across markets” (Section 19a GWB). Google meanwhile has declared that it would not appeal the decision.

Publishing 52

Publishing Marketing Marketing Advertising 52

43(B)log

DECEMBER 26, 2022

for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. Here, however, AKF didn’t allege that Mothership ever marketed, sold, or advertised the “Cake” mark. AKF sued LCF etc.

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

43(B)log

JUNE 16, 2022

Defendants NGT and NGE advertised an ability to help customers terminate their timeshare contract or ownership; other defendants were part of the exit process. As detailed below, none of the advertising specifically mentioned Diamond, nor did it direct, instruct nor encourage consumers to stop paying on their timeshare obligations.

False Advertising 59

False Advertising Advertising Advertising Contracts 59