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

FEBRUARY 3, 2022

22, 2021) This case should be of interest to people working on contextual advertising. Interestingly, Plaintiffs plead no facts about the terms of their contracts with the designers who hire them to work the runway; the court acknowledges the very real possibility that those contracts govern how images captured from a fashion show are used.”)

Advertising 64

Advertising Advertising Designs Design 64

TorrentFreak

OCTOBER 25, 2022

Funded by the government and run by City of London Police under the banner of Operation Creative, the IWL is supported by major rightsholders, including the BPI, IFPI and The Publishers Association, plus international groups such as the MPA. Government Wants Data On IWL-Listed Pirate Sites. ” Data Sought By The Government.

Intellectual Property 113

Intellectual Property Advertising Advertising Contracts 113

43(B)log

FEBRUARY 8, 2024

However, the advertised rates don’t include the “U.S. Music Royalty Fee in addition to the advertised and promised price.” “At Sirius XM customer-service agents are allegedly instructed to tell those subscribers who do find out about the Fee “that the Fee is a government-related fee and/or that [it] is outside of Sirius XM’s control.”

Music 59

Music Contracts Advertising Advertising 59

43(B)log

SEPTEMBER 26, 2022

Demetres challenged Zillow’s use of Advertising Agents (real estate agents) and “Zestimates.” The complaint didn’t identify specific advertising statements that would plausibly misrepresent what the Zestimates were, “or even a particular home estimate produced by the Zestimate tool that allegedly conflicts with the real market value.”

Government 59

Government Law Advertising Advertising 59

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 137

Contracts Publishing Law Government 137

IPilogue

JULY 13, 2022

After a short summary, the report immediately explores ways we can address the risks, through a comprehensive list of recommendations to governments, ministries and departments of education, education technology companies, advertising technology companies and other third-party companies that may receive data from EdTech Products.

Privacy 115

Privacy Government Reporting Technology 115

43(B)log

DECEMBER 19, 2022

Plaintiffs brought claims under California’s False Advertising Law, Unfair Competition Law, and Consumer Legal Remedies Act against Coinbase and Marden-Kane, Inc., Issues of contract formation may not be delegated to an arbitrator. a company hired by Coinbase to design, market, and execute the sweepstakes.

Contracts 59

Contracts False Advertising Advertising Advertising 59

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

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 115

Social Media Contracts Advertising Advertising 115

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. Mattero v.

Advertising 40

Advertising Advertising Law Privacy 40

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 80

Blogging Copyright Contracts Cease and Desist 80

Technology & Marketing Law Blog

NOVEMBER 21, 2022

However, Pepsi also sold points for 10 cents each, putting a $700k price tag on a jet that was allegedly worth tens of millions of dollars (assuming it could be acquired at all–the US government frowns on individual citizens owning military equipment). Despite that, the documentary was disappointing overall.

Contracts 108

Contracts Advertising Advertising Settlement 108

Technology & Marketing Law Blog

DECEMBER 18, 2021

Apple rejected it based on its policy that any COVID-19 apps had to come from the government or medical institutions. Query: if the only newspaper in town decides which advertisements may properly be posted or which advertisements to accept, does a rejected advertiser suffer an anti-trust injury? Breach of Contract.

Reporting 103

Reporting Law Contracts Advertising 103

The IPKat

JULY 18, 2021

If the Government takes on board this recommendation it would mean, as Tom Gray put it “that for the first time ever, our entire music community get something” - since it provides for non-featured artists, who typically transfer their rights in exchange for a one-off session fee rather than a royalty. Plot twist!

Music 139

Music Contracts Reporting Government 139

Intepat

DECEMBER 4, 2023

The legal protection of these trademarks is contingent upon their registration with the relevant government authority, such as the Trade Marks Registry in India. Registering Foreign Trademarks in India The registration of trademarks in India is governed by the Trade Marks Act of 1999 and the Trade Mark Rules of 2017.

Registration 52

Registration Trademark Contracts Advertising 52

Kluwer Copyright Blog

JUNE 19, 2023

The UK’s Advertising Standards Authority had emphasised this in its April 2021 guidance on advertising cryptocurrencies. Nevertheless , tokens may be used in a digital rights management scheme, as the aforementioned default position is subject to contract modification, as explained below. Valid Transfer of Rights?

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

43(B)log

JANUARY 13, 2022

The complaint alleged that, “Coinbase, based on in-depth, empirical data from a previous sweepstakes, knew that the wording, design, and presentation of their Dogecoin sweepstakes advertisements would cause most users never to see the information about the alternative ways to enter on the separate ‘rules and details’ webpage.”

Contracts 59

Contracts Advertising Advertising Government 59

Technology & Marketing Law Blog

NOVEMBER 15, 2022

Plaintiffs have attempted a wide range of common law, statutory, contract, and Constitutional claims, and courts have rejected those claims based on one or more of the following four grounds: Prima Facie Elements. In the US, courts routinely honor such contract provisions, even if the TOS terms are non-negotiable and may seem one-sided.

Publishing 95

Publishing Government Contracts Law 95

LexBlog IP

JULY 26, 2023

Two key laws governing e-commerce in the UAE are Federal Law No. 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. 46/2021 Electronic Transactions and Trust Services.

Business 52

Business Advertising Advertising Contracts 52

Technology & Marketing Law Blog

OCTOBER 29, 2021

The arbitrator’s decision itself is filed under seal, but the court recaps the arbitrator’s findings: Although the contracts between Plaintiff and Amazon concerning the purchase of the diet pills at issue were illegal and unenforceable, the CoU that governed the transactions were severable and remained enforceable. Trilegiant.

Contracts 84

Contracts Privacy Blogging Litigation 84

Michael Geist

JULY 13, 2022

Bill C-11, the government’s online streaming legislation, has caught the attention of the U.S. government, which raised it as a concern during a recent meeting between U.S. This Article does not apply to a subsidy or grant provided by a Party, including a government-supported loan, guarantee, or insurance. exception.

Government 145

Government Designs Design Contracts 145

Technology & Marketing Law Blog

JUNE 9, 2022

BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 105

Contracts Privacy Social Media Advertising 105

Technology & Marketing Law Blog

APRIL 27, 2024

This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. Many sites have multiple overlapping governance documents with similar names, so it’s fair for consumers to expect accurate specificity. sought to send the case to arbitration. The district court disagreed. Warner Bros.

False Advertising 83

False Advertising Government Privacy Designs 83

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.

Publishing 119

Publishing Advertising Advertising Music 119

LexBlog IP

FEBRUARY 16, 2024

In the past, famous people simply served as the face of a brand or endorsed a product in a short advertisement. Thus, companies have a clear interest in ensuring that the freelancers they occasionally contract with are deemed independent contractors, not employees. According to California Labor Code section 3351.5(c)

Social Media 52

Social Media Intellectual Property Contracts Branding 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

But if I stopped what I was doing to write a personal message every time I saw a blogger with no legal background shilling for a web-scraping company or a half-asleep aggregator journalist [FN] spewing ignorance online about the laws that govern web scraping, I wouldn’t get out much.

Blogging 117

Blogging Law Contracts Cease and Desist 117

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. This allegedly breached Nexo’s duty of good faith and fair dealing and constituted a violation of California’s UCL.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

43(B)log

NOVEMBER 8, 2021

Breach of contract: The complaint failed to allege specific promises sufficient to form an implied contract to provide on-campus services. Unjust enrichment: Unlike some treatments of this type of claim, the opinion here dismissed unjust enrichment as duplicative of the breach of contract claim.

Contracts 64

Contracts Government Marketing Marketing 64

IP and Legal Filings

APRIL 8, 2023

CONTRACTUAL ISSUES Various contracts are signed and executed by various performers/artists and stakeholders. This contract addresses issues such as licensing rights, intellectual property rights, promotions and sponsorships, the duration of such broadcasting rights, payment, and so on. They include the crew, the cast, and the location.

Privacy 75

Privacy Law Intellectual Property Music 75

Traverse Legal Blog

APRIL 2, 2023

The influencing game of brand endorsements is one of many examples where technology goes faster than the government’s ability to regulate and enforce. Brands are more likely to require disclosures in their influencing and endorsement contracts. Material Connection Disclosures Remain Central To Compliance.

Social Media 52

Social Media Advertising Advertising Branding 52

Technology & Marketing Law Blog

NOVEMBER 8, 2023

.” The court continues: the language of the YPP Terms is clear: Google will pay Ray 55% of net revenues from advertisements run alongside his videos and 55% of net revenues from YouTube channel subscription fees. Ray’s allegation that Google promised him $22.00

Advertising 87

Advertising Advertising Blogging Government 87

Traverse Legal Blog

APRIL 17, 2021

Rarible – focus on art-based digital assets – full decentralization goal -a community-governed marketplace – experienced users – higher fees for sellers. An NFT is a Smart Contract, meaning that it embeds specific basic contract terms in the NFT metadata that goes onto the blockchain.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

43(B)log

AUGUST 20, 2021

State law governs how and when pharmacists and health care professionals can and must make generic substitutions. As to the email threads, the presence of the word “generic” in an email thread didn’t “transform an otherwise innocuous email into false advertising.” This was the basis of the counterclaims.

False Advertising 59

False Advertising Advertising Advertising Marketing 59

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.

Editing 89

Editing Social Media Blogging Advertising 89

LexBlog IP

MARCH 30, 2022

To ensure that donations are going to legitimate charities, brands should seek to work with charities that are registered as 501(c)(3) charitable organizations with the federal government and have submitted required state-level filings to solicit charitable contributions.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

TorrentFreak

NOVEMBER 19, 2022

government, it was an audacious move on a scale unlikely to be seen again. It’s currently available via free download and generates revenue from in-app advertising, some of it provided by Google according to a recent analysis. Arriving just weeks before Megaupload was shut down by the U.S. site, i-cdn-0.jonahz-viccen-i-202.site,

Advertising 122

Advertising Advertising Copyright Editing 122