43(B)log

JUNE 22, 2022

22, 2022) Held: A warranty is not “commercial advertising or promotion” under the Lanham Act. Plaintiffs sued for breach of contract under Tennessee common law and false advertising in violation of the Lanham Act. Plaintiffs terminated an agreement to insure Securranty Inc.’s Insert your own insurance-related pun.)

Advertising 72

Advertising Advertising False Advertising Contracts 72

43(B)log

OCTOBER 4, 2021

Defendants' letter allegedly copied text from LStar Trademark infringement: LStar never specified what its trademarks or service marks were. It argued that defendants copied, but didn’t identify a particular word, name, or symbol, or combination thereof, within the highlighted paragraphs, as the alleged trademark(s).

False Advertising 59

False Advertising Advertising Advertising Contracts 59

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

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 81

Blogging Copyright Contracts Cease and Desist 81

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 93

Blogging Contracts Copyright Law Copyright 93

Technology & Marketing Law Blog

MAY 13, 2024

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. As I wrote back in December, scraping claims are almost always about unwanted copying and distribution of data. In November 2023, X corp.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

Technology & Marketing Law Blog

JANUARY 12, 2024

In a framing case, the plaintiffs’ web servers aren’t the affected chattel because the plaintiffs’ web servers delivered the web pages directly to users’ devices, after which the framer (Google) superimposed its frame on the web pages once the copies were in users’ RAM. ” Even this correction is suboptimal.

Copying 77

Copying Ownership Derivative Work Contracts 77

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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

IPilogue

DECEMBER 8, 2022

NFTs are blockchain-based assets with a distinct identification number and metadata which can represent real-world objects and cannot be copied or replaced. They are minted using smart contracts. He then advertised sale of the Bored Ape NFT.

Non-Fungible Tokens 118

Non-Fungible Tokens Contracts Advertising Advertising 118

Kluwer Copyright Blog

NOVEMBER 24, 2021

Copyright contract law (Sections 31 et seqq. In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view).

Contracts 98

Contracts Copyright Law Cease and Desist 98

43(B)log

FEBRUARY 24, 2021

I always enjoy these and recommend the free GALA webinars to those interested in advertising law; I joined in progress due to some technical difficulties on my end. Maryland: First ever digital advertising tax, on gross receipts. Joseph Lewczak: FTC v. NY, DC, WA are considering similar taxes so it’s a trend to watch.

Advertising 40

Advertising Advertising Law Privacy 40

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

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. There have also been complaints where creators have tried to NFT their own creativity but by doing so have breached a contract.

Non-Fungible Tokens 140

Non-Fungible Tokens Advertising Advertising Ownership 140

TorrentFreak

JANUARY 11, 2022

According to Bungie, AimJunkies copied and distributed its copyrighted work, to develop and advertise its cheat software. The cheat software itself certainly isn’t a copy of Bungie’s work, they add. . Copyright Questions. It is a factual and legal impossibility long recognized by the courts.”

Copyright 135

Copyright Law Copying Copyright Infringement 135

IP and Legal Filings

DECEMBER 25, 2022

The current trend in internet law, has tended to elevate companies’ rights through contracts and licences while demoting owners to simple users. [1] This isn’t the case with real-world property, where one is in fact the owner of a physical copy of a book they have purchased. [4]

Non-Fungible Tokens 80

Non-Fungible Tokens Government Law Intellectual Property 80

Technology & Marketing Law Blog

NOVEMBER 30, 2022

I guess RCN can better manage its copyright liability exposure by advertising that it provides shitty connections. Some lowlights from the opinion: Direct infringement. Marketing fast Internet is evidence that the service is trying to profit from copyright infringement…? The court says it’s possible to contributorily violate 1202.

Copyright 129

Copyright Advertising Advertising Copyright Infringement 129

43(B)log

OCTOBER 12, 2022

Litigation ensued, with lots of claims, including the Lanham Act claims on which I will focus, though breach of contract claims were prominent and survived a motion to dismiss. The Lanham Act claims were styled as false association, “false association with celebrity status,” false designation of origin, and false advertising.

False Advertising 59

False Advertising Advertising Advertising Ownership 59

43(B)log

NOVEMBER 28, 2022

2, 2022) Before the jury verdict in favor of Monster’s false advertising claim was this opinion resolving evidentiary issues. They weren’t directly asked about the phrase “Super Creatine,” whether participants had prior experiences with or opinions of Bang, or whether they had seen Vital’s advertising in the market. Monster Energy Co.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

IPilogue

JULY 28, 2021

Since Roderique was unaware of the advertisement and was not doing work for The Bay, she tweeted the following: “ Hey @hudsonsbay, it would have been a good idea for you to get my permission to use my face and associated activism to solicit donations ‘to support employment and empowerment of IBPOC’, no? Roderique’s Response.

Copyright Infringement 112

Copyright Infringement Copyright Social Media Ownership 112

TorrentFreak

JANUARY 31, 2023

This content is freely available and monetized through advertisements. A copy of the agreement is offered as evidence and signed by Kumar. First, he claims ownership over all of Plaintiff’s works via a contract that is, on information and belief, fraudulent. The counterclaims and defense go hand in hand.

Copyright Infringement 83

Copyright Infringement Contracts Ownership Copyright 83

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. Bonne chance.”).

Contracts 94

Contracts Social Media Advertising Advertising 94

The IPKat

JANUARY 18, 2023

The claim is for trade mark infringement, unfair competition, false advertising, cybersquatting, and other cause of actions before the Central District of California. What is really interesting is that the smart contract does not contain a link to the image but rather a link to a JSON file.

Artwork 82

Artwork Contracts False Advertising Art 82

43(B)log

MARCH 4, 2024

29, 2024) Previously, after a bench trial, the court found Albion liable for falsely advertising its caulk dispensing guns as “Made in the USA.” One distributor continued to advertise a relevant product as American made until October 2023, and there were other scattered similar references online. Newborn Bros. Albion Engineering Co.,

False Advertising 45

False Advertising Advertising Advertising Marketing 45

Technology & Marketing Law Blog

JUNE 2, 2022

“Von D presumably did not need to copy the pose from the Portrait in order express a sentiment of melancholy.” “no one has told [Sedlik] they would not buy a copy of the Portrait because they had seen the Tattoo or social media posts about the Tattoo.” Tattoo Advertising/Human Billboards. Amount Used.

Copyright 143

Copyright Social Media Fair Use Licensing 143

Traverse Legal Blog

APRIL 17, 2021

An NFT is a Smart Contract, meaning that it embeds specific basic contract terms in the NFT metadata that goes onto the blockchain. That Smart Contract, that token that can have unique data associated with it. Few other sales of assets require you to search to find the contract terms.” “Who’s the owner?

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

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

TorrentFreak

JANUARY 31, 2023

This content is freely available and monetized through advertisements. A copy of the agreement is offered as evidence and signed by Kumar. First, he claims ownership over all of Plaintiff’s works via a contract that is, on information and belief, fraudulent. The counterclaims and defense go hand in hand.

Copyright Infringement 71

Copyright Infringement Contracts Ownership Copyright 71

TorrentFreak

FEBRUARY 24, 2023

Hollywood’s goal is to ensure that every domain name company, DNS provider, CDN, web hosting service, reverse proxy provider, advertising company and payment processor are bound by the same rules, so that pirates can be more easily identified. When users search for the term ‘海賊版’ (English: pirated version/pirate copy) Yahoo!

Publishing 121

Publishing Advertising Advertising Music 121

IP and Legal Filings

APRIL 8, 2023

Furthermore, the Information Technology Act of 2000 makes it a crime to copy or transfer data from another person’s device without their permission. CONTRACTUAL ISSUES Various contracts are signed and executed by various performers/artists and stakeholders. The Indian Copyright Act of 1957 forbids and punishes acts of piracy.

Privacy 75

Privacy Law Intellectual Property Music 75

43(B)log

SEPTEMBER 7, 2023

15, 2023) This is a copyright suit against Gannett for advertising-like use of a photo taken by Campbell of NFL coach Katie Sowers; the photo came from a screenshot of an ad run by Microsoft that played during the Super Bowl. Gannett derives revenue from the Ad Meter Platform, which included its own advertisement and sponsorship revenue.

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

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. AT&T Mobility, LLC, 710 F.3d

Copyright Infringement 59

Copyright Infringement Branding Brands Branding 59

The IPKat

AUGUST 1, 2021

Is "communication to the public" in Art. Is the term "communication to the public" in Art 3 (1) of the InfoSoc Directive to be interpreted as encompassing the operator of a streaming platform, who a. has sole control over the content and the blocking of TV broadcasts, b. has the sole administrator rights for the streaming platform, c.

Television 145

Television Art Advertising Advertising 145

43(B)log

JULY 20, 2022

The copy of the brochure deposited with the copyright office is 50 pages long and consists primarily of photographs depicting products and product features purportedly available from ‘ColorCopper.com.’” There’s a similar copyright registration for this site. 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

The IP Law Blog

MAY 18, 2023

Whether the initial content-copying an AI tool does as part of its learning process constitutes infringement or protectable fair use will have a profound effect on the future of AI. California also has a common law right of publicity that’s a bit broader than the statute. The Fake Drake AI songs were not being used to sell products.

Music 52

Music Fair Use Copyright Law 52

Technology & Marketing Law Blog

OCTOBER 6, 2022

But the recent lawsuit against Kat Von D, alleging that she copied a portrait of Miles Davis by photographer Jeff Sedlik, suggests these once-tolerated uses may be under threat. Tattoo Advertising/Human Billboards. Also, see Q2 of my 2005 contracts law exam and the sample answer. Warner Bros. Copyright in Tattoos.

Blogging 136

Blogging Fair Use Copyright Infringement Copyright 136

43(B)log

SEPTEMBER 21, 2021

Matthew Bender argued that the omissions were an unfortunate mistake but not actionable misconduct; among other things, the sales contracts expressly disclaimed the accuracy, reliability, and currentness of the Tanbook. And the misrepresentations weren’t materially misleading “under all the circumstances, including defendant's disclaimer.”

Editing 45

Editing Contracts Copying Law 45