43(B)log

MARCH 21, 2024

In re Amazon Prime Video Litig., Though the “buy” button manifests consent to a contract, “certain terms and policies could fail to meet statutory standards of clearness and effectiveness.” 2024 WL 1138906, No. 2:22-cv-00401-RSM (W.D. It was also plausible that the TOS didn’t sufficiently disclose the restrictions.

Licensing 114

Licensing Contracts Ownership Litigation 114

The IPKat

FEBRUARY 21, 2024

The book examines how the advertising, merchandising, film and television, and sports video-games industries use persona as a key component of their products. Chapter three identifies and analyses three influences on behaviour, namely; law, desire to collaborate via contract, and social norms.

Television 67

Television Social Media Advertising Advertising 67

43(B)log

DECEMBER 16, 2022

15, 2022) The court of appeals reversed summary judgment in favor of an insurer, and ordered partial summary judgment for the insured, on the duty to defend in underlying litigation based on advertising injury coverage for trade dress infringement (depicting allegedly infringing products) in the insured’s advertising.

Advertising 59

Advertising Advertising False Advertising Intellectual Property 59

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. Apparently Consumer protection agency called Sephora to clarify the situation—there was no litigation. Maryland: First ever digital advertising tax, on gross receipts.

Advertising 40

Advertising Advertising Law Privacy 40

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

Nelligan Law

MARCH 6, 2023

But what do you do if the renovation does not finish, or the work done is of worse quality than advertised? The most important factor in if you can sue your contractor is the contract you have to complete the renovation with the contractor. A contract can be implied, oral or written. Can I sue my contractor? What are damages?

Law 52

Law Contracts Litigation Ownership 52

Technology & Marketing Law Blog

DECEMBER 10, 2022

It had favorable organic indexing that made it some money, and it bought Adwords advertising that made it more money. But over time, its organic indexing declined and so did its conversion rate on advertising. These allegations fall short of alleging anticompetitive conduct in the online search advertising market.

Advertising 99

Advertising Advertising Marketing Marketing 99

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

These questions are being addressed (in mostly unsatisfactory ways) in litigation involving hiQ and BrandTotal. BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” ” Oof.

Contracts 104

Contracts Privacy Social Media Advertising 104

IPilogue

JANUARY 11, 2023

IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation. Complying with privacy regulations, especially in IT contracts, is as important as it can be misunderstood.

Journalism 80

Journalism Privacy Contracts IP 80

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 82

Contracts Privacy Blogging Litigation 82

Technology & Marketing Law Blog

JANUARY 12, 2022

Since the resolution of that litigation, click fraud issues have largely faded into the background, flaring up only occasionally. ” For standing purposes, it doesn’t matter that he still advertises through AdWords. So it’s a nostalgic kick to blog a pure click fraud ruling in 2022. Commonality. ” Typicality.

Advertising 82

Advertising Advertising Settlement Blogging 82

Technology & Marketing Law Blog

FEBRUARY 14, 2024

But this fact does not turn a conduit website like GMB into a livery… GMB simply provided a platform for Petitioner Chaves (the livery) to perform the tasks of advertising his boat rental, negotiating a rate, renting his own vessel, and earning a rental fee. .'” Publisher/Speaker Claim. portion of the total rental fee.

Contracts 73

Contracts Advertising Advertising Privacy 73

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

Trading Secrets

NOVEMBER 4, 2021

Peloton has come out on top of the litigation leaderboard yet again. As we previously blogged about here , Peloton is no stranger to trade secret litigation. Peloton filed suit against ICON under the DTSA alleging theft of trade secrets after it learned that ICON had solicited Peloton advertising materials from a contractor.

Advertising 59

Advertising Advertising Litigation Contracts 59

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

The IPKat

SEPTEMBER 1, 2023

Former GuestKat Mirko Brüß summarised a Higher Regional Court’s of Nürnberg ruling in which the key issue was whether an online marketplace could be held liable for damages and injunctive relief, when a third-party vendor uses a copyright-infringing image to advertise their product on that platform. More information available here.

Copyright Infringement 67

Copyright Infringement Publishing Contracts Advertising 67

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. And most website-scraper interactions don’t fit within those scraper-litigation patterns. Just ask BrandTotal.

Blogging 116

Blogging Law Contracts Cease and Desist 116

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.

Contracts 92

Contracts Social Media Advertising Advertising 92

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy. Indianapolis, Indiana –The Plaintiff, BTL Industries, Inc. filed suit against Plaintiff JV Medical Supplies, Inc. 5,572,801 and 6,069,279.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

43(B)log

OCTOBER 26, 2021

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.” Sussman, 2021 WL 4948099, No. 6:18-cv-2171-GAP-DCI (M.D.

False Advertising 59

False Advertising Advertising Advertising Contracts 59

IP Watchdog

JULY 25, 2023

The laundry list of accusations also included trademark dilution, false advertising, common law unjust enrichment, common law tortious interference with contract, and breach of settlement agreement.

False Advertising 40

False Advertising Settlement Contracts Advertising 40

The IPKat

DECEMBER 13, 2023

As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here ] , the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU).

Related Rights 80

Related Rights Publishing Licensing Contracts 80

The IPKat

SEPTEMBER 19, 2022

According to Wanjiru, Machakos University infringed her intellectual property rights, image rights, right to privacy and human dignity by using her photograph (taken by the university during Wanjiru’s graduation) in advertising and marketing of the computer packages courses it offers.

Privacy 97

Privacy Personality Rights Advertising Advertising 97

Technology & Marketing Law Blog

JULY 26, 2023

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. Breach of Contract As is common with scraping cases in 2023, just because the scraper prevails on the CFAA claim doesn’t mean the scraper is going to prevail. The horror! Also, this is dicta.

Cease and Desist 85

Cease and Desist Blogging Contracts Privacy 85

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 88

Editing Social Media Blogging Advertising 88

LexBlog IP

NOVEMBER 4, 2021

Peloton has come out on top of the litigation leaderboard yet again. As we previously blogged about here , Peloton is no stranger to trade secret litigation. Peloton filed suit against ICON under the DTSA alleging theft of trade secrets after it learned that ICON had solicited Peloton advertising materials from a contractor.

Advertising 40

Advertising Advertising Litigation Contracts 40

Copyright Lately

OCTOBER 10, 2021

However, after years of litigation, House would become, in Twain’s words, a “liar,” a “barking dog” and a “polecat”—which I assume in the late 1800’s would have been worse than Sonya Larson calling Dawn Dorland a “Karen.” What Contract? Edward Howard House (1836-1901). ” To Dramatize a Novel.

Art 95

Art Contracts Social Media Litigation 95

Technology & Marketing Law Blog

JULY 9, 2022

. “the underlying communication created by a third-party, a Match.com user, is truly ‘the specific harmful material at issue,’ not the automatically generated advertisement sent by Match.” ” The court rebuffed the FTC’s attempt to distinguish Dyroff. ’”. . ” The FTC cited Anthony v.

Advertising 121

Advertising Advertising Publishing Blogging 121

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. If this litigation continues and defendants wish to repeat this argument, they should support their assertion that they own the Facebook page with authority.”

Social Media 72

Social Media Advertising Advertising Business 72

Technology & Marketing Law Blog

AUGUST 5, 2022

Compared to most social media ownership disputes, this case has featured extensive litigation, including an appeal, revised injunction, a contempt motion, and now, a motion to modify the scope of the preliminary injunction. Gutman opened both accounts after she entered into the employment contract with JLM. The court also found “Ms.

Social Media 98

Social Media Ownership Branding Brands 98

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

False Advertising. In general, courts should not permit a false advertising claim based on a “safe” representation where the representation is rendered untrue by third-party content. ” This is a highly defense-favorable reading of the contract provision. eBay case from 2008. Implications. Apple , and Evans v.

False Advertising 112

False Advertising Privacy Publishing Advertising 112

43(B)log

JULY 6, 2022

The parties are involved in related patent litigation. The court grouped the Lanham Act false advertising and New Jersey statutory and common law unfair competition claims together. Breach of contract survived, though not the duplicative count for breach of the implied covenant of good faith and fair dealing.

False Advertising 59

False Advertising Designs Design Advertising 59

Technology & Marketing Law Blog

OCTOBER 25, 2023

The litigants are in different markets. Tattoo Advertising/Human Billboards Copyright in Tattoos Also, see Q2 of my 2005 contracts law exam and the sample answer. ” Market Effect. “Plaintiff sells tattoos and gift cards for her tattoo business, and Defendants sell a streaming media service.” Warner Bros.

Blogging 82

Blogging Copyright Fair Use Copyright Infringement 82

43(B)log

MAY 12, 2022

They are: the Unfair Competition Law (UCL); the False Advertising Law (FAL); and the Consumer Legal Remedies Act (CLRA). While they often cover the same conduct in false advertising cases and are cumulative of each other, they have differences. See, e.g., In re Coca-Cola Products Marketing & Sales Practices Litig. (No.

False Advertising 59

False Advertising Advertising Advertising Business 59

IPilogue

AUGUST 19, 2021

Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content. IOC regulations are only one of the many sets of rules that surround the intellectual property (IP) of the Olympic Games.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? Implied-in-Law Contract/Unjust Enrichment. WhenU concluded that trademarks was a dead-end.

Licensing 88

Licensing Copyright Contracts Advertising 88