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

Technology & Marketing Law Blog

AUGUST 5, 2022

This is a case focusing on ownership of social media accounts. See “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ” and “ Another Confused Entry in the Social Media Account Ownership Jurisprudence–JLM v. (See We blogged this case twice before.

Social Media 97

Social Media Ownership Branding Brands 97

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . user ownership of digital assets)?

Ownership 117

Ownership IP Non-Fungible Tokens Technology 117

TorrentFreak

JANUARY 31, 2023

In just a few years it has transformed the adult industry’s pay-to-access model into an all-you-can-eat, free-to-stream business. This content is freely available and monetized through advertisements. However, there is one particular threat to this lucrative business model: pirate sites.

Copyright Infringement 80

Copyright Infringement Contracts Ownership Copyright 80

LexBlog IP

OCTOBER 1, 2021

For the first time, Illinois will have statutory requirements for mandatory review periods, definitions of adequate consideration and legitimate business interests, as well as specific salary minimums for employees subject to restrictive covenants. Contract lawyers know that to be enforceable a promise must be supported by consideration.

Contracts 59

Contracts Confidentiality Privacy Ownership 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. The advertising attempted to target timeshare owners (the target lists for mailers weren’t always accurate). One defendant was a law firm. Restrictions will apply.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S federal court which has jurisdiction in the case pursuant to Title 28 of the United States Code.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 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

OCTOBER 26, 2021

Wyndham Vacation Ownership, Inc. 20, 2021) In this timeshare exit false advertising litigation, the court excludes Wyndham’s expert. Timeshare exit entities like defendant TET used “online advertising and oral sales pitches to timeshare owners to convince them to sign up for TET’s service.” Wyndham Vacation Ownership, Inc.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

43(B)log

FEBRUARY 4, 2022

2, 2022) The parties have a dispute over control of a fashion business. But the complaint didn’t actually allege that defendants advertised items from “The Line,” only that they sold them. Second, more fundamentally, this was conversion/breach of contract, not false advertising. ML Fashion, LLC v. Nobelle GW, LLC, No.

False Advertising 83

False Advertising Advertising Advertising Designs 83

43(B)log

MARCH 4, 2022

3, 2022) Plaintiffs alleged that they employed the individual defendants in part to manage social media advertising and promotion for plaintiffs’ baking businesses, aka La Baguette. They then allegedly “hijacked” plaintiffs’ Facebook page—their main online platform—to promote Tito & Tita, a competing business.

Social Media 72

Social Media Advertising Advertising Business 72

The IPKat

DECEMBER 14, 2023

In Nigeria, Airtel Nigeria Limited neglected to renew their contract with actor and filmmaker Adewole Ojo to use his photographs for advertisements. The defendant has used the plaintiff’s song in an advertisement without the plaintiff's consent. Katpost on the ruling here.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

TorrentFreak

JANUARY 31, 2023

In just a few years it has transformed the adult industry’s pay-to-access model into an all-you-can-eat, free-to-stream business. This content is freely available and monetized through advertisements. However, there is one particular threat to this lucrative business model: pirate sites.

Copyright Infringement 69

Copyright Infringement Contracts Ownership Copyright 69

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. But the distribution right does not include “the mere transportation of goods without a transfer or sale of ownership interest in the goods.”

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

43(B)log

JULY 20, 2022

15, 2022) The parties in this case are former business associates, which is one reason there are so many different claims. Though the parties went forward, “they never signed a formal written document memorializing and defining the nature of their business relationship.” Stubenrauch, 2022 WL 2793579, No. 3:21-cv-00545 (M.D.

False Advertising 72

False Advertising Ownership Registration Designs 72

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Unlike offline business sectors, original material on the web is simply and freely accessible to anyone. If the Artist had registered his work as Copyright, he would have had legal proof of ownership in this situation.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

43(B)log

MARCH 23, 2023

They claimed violation of sections 349 and 350 of the New York General Business Law, as well as unjust enrichment. Apple argued that it wasn’t misleading to say “buy,” because to “buy” something means to “acquire possession, ownership, or rights to the use or services of by payment especially of money.”

Licensing 72

Licensing Advertising Advertising Ownership 72

SpicyIP

MAY 18, 2022

Though it is not easy to find a comprehensive list of all such trademarks in India (the website of the Indian TMR is so yesterday), recently advertised trademarks throw light on such activity. Some examples under class 9 include: S.No. Application date. Description (shortened). Feb 25, 2022.

Non-Fungible Tokens 122

Non-Fungible Tokens Trademark Artwork Art 122

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment. physical property), not intangibles.

Licensing 87

Licensing Copyright Contracts Advertising 87

The TTABlog

DECEMBER 21, 2021

In its December 2018 decision, the Board concluded that Petitioner Australian lacked "standing": it could not show an interest in the proceeding or a reasonable belief of damage because it had contracted away its proprietary rights in its unregistered marks. Nor did respondent have advertising material or seek FDA approval.

Registration 51

Registration Contracts Advertising Advertising 51

Copyright Lately

FEBRUARY 6, 2022

The HitPiece Business Model. In a January 24 interview with the “ Business Builders ” podcast that has since been deleted (are you sensing a pattern here?), Rory Felton, “Business Builders – Boise” Podcast, January 24, 2022. HitPiece, We Have A Problem. So there’s a lot of nuances out there.

Music 92

Music Social Media Artwork Intellectual Property 92

Intepat

DECEMBER 4, 2023

In this article, we delve into the significance of MSMEs in India and the importance of patents within their business models, shedding light on how patents can be a driving force for innovation and economic growth. In the Indian economy, small businesses hold the second-largest share in employment provision.

Patent 52

Patent Intellectual Property Ownership Invention 52

SpicyIP

JULY 19, 2021

Serious Comparative Advertising: Broadening the Definition. In this guest post , Sangita Sharma analyses the law around comparative advertisements in India. She contends that the ‘fair’ and ‘honest’ use thresholds under Section 30(1)(a) and (b) of the Trade Marks Act should come to the rescue of such advertisements. Other Posts.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

IIPRD

JANUARY 18, 2022

It has the ability to be one-of-a-kind and unrepeatable token that cannot be split but may be used to represent real or virtual world things, as well as the token’s own qualities and ownership, all while remaining within a blockchain representation. This endows NFTs with the unique qualities that make them so desirable.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

IP and Legal Filings

FEBRUARY 7, 2023

In an effort to connect with a younger, tech-savvy consumer base, more and more firms are deciding to debut their products and advertise them electronically through the Metaverse. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing.

Trademark 84

Trademark Non-Fungible Tokens Branding Brands 84

SpicyIP

JANUARY 2, 2022

Particularly, it was argued that against the backdrop of the pandemic, the medicines produced were in high demand due to their characteristics of relieving some of the major symptoms exhibited by the patients who had contracted the Covid-19 virus. Merck Sharp and Dohme v. SMS Pharmaceuticals [Delhi High Court]. Novex Communications Pvt Ltd v.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

JANUARY 22, 2022

Trademarks are so important to businesses and brands to the point that they are highly susceptible to theft. Advertisement: This stage involves the publication of the application in a Trademark Journal. Trademarks are the very embodiment of the nature and character of a product or service.

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

JANUARY 22, 2022

Trademarks are so important to businesses and brands to the point that they are highly susceptible to theft. Advertisement: This stage involves the publication of the application in a Trademark Journal. Trademarks are the very embodiment of the nature and character of a product or service.

Trademark 52

Trademark Registration Branding Brands 52

43(B)log

AUGUST 11, 2022

But there was pressure from the market: this is a business trying to make money. Comparative advertising is another example of free riding that is actually a very good idea. Our notions of contract/markets out of which the current rules arise are themselves influenced by androcentric notions.

IP 72

IP Copying Marketing Marketing 72

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

In February 2020, FDA and FTC took steps to encourage biosimilar competition , with a focus on truthful and non-misleading advertising. Coinciding with this announcement, FDA issued draft guidance titled “ Promotional Labeling and Advertising Considerations for Prescription Biological Reference and Biosimilar Products Questions and Answers.”

Settlement 52

Settlement Litigation Marketing Marketing 52

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

IP 124

IP Copyright Trademark Intellectual Property 124

TorrentFreak

JULY 23, 2023

The VPN review business is flourishing as well. All third-party services we use are bound by a contract with us to never use the information of our users for their own purposes and not to disclose the information to any third parties unrelated to the service. All claim to be the best, but some are more privacy-conscious than others.

Privacy 136

Privacy IP Technology Reporting 136

43(B)log

AUGUST 3, 2023

Cultural and economic factors (change in what the business does over time, including startup drift and embrace then rejection of crypto). Alex Roberts, Multi-Level Lies: Distinctive feature is that laypeople are making advertising claims to friends, social media followers, acquaintances, etc. Did they influence how you advertise?

Social Media 52

Social Media Fair Use Advertising Advertising 52

43(B)log

OCTOBER 4, 2021

For about a decade, courts had realized that IIC had gone way too far, and had expanded liability in ways that didn’t protect consumers and facilitated anticompetitive claims about false advertising. 30, 2021) Plaintiff Daniel Abrahams formerly contracted with a publisher to author a series related to the Fair Labor Standards Act.

IP 94

IP Trademark Advertising Advertising 94