Technology & Marketing Law Blog

SEPTEMBER 8, 2023

The court dismisses the contract and IIED claims on Section 230 grounds. The only question at issue is whether the lawsuit treats Facebook’s refusal as a publisher/speaker action. That is a quintessential publishing decision for which Facebook is “perforce immune.” In our Advertising & Marketing Law casebook, Prof.

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Contracts Marketing Marketing Publishing 91

Technology & Marketing Law Blog

DECEMBER 7, 2022

The resulting state court lawsuit has reinforced the Prager Effect, producing another published opinion thoroughly rejecting every argument advanced by Prager and expanding services’ legal protections for their moderation decisions. Prager tried a variety of contract-based workarounds to Section 230.

Contracts 138

Contracts Publishing Law Government 138

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

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

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

As a result, the sector works closely with various performers, artists, authors, publishers, production companies, record labels, online content providers, broadcasters, advertising, distributors, etc. In instances where the idea is used after the contract with the agency has ended, the agency is often not compensated separately.

Ownership 52

Ownership Intellectual Property IP Contracts 52

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. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

TorrentFreak

FEBRUARY 24, 2023

After thriving in what was once a localized traditional market, Japanese comics known as ‘manga’ took the world by storm. Publishers and authors could only watch as their work fueled a huge but unlicensed black market. Publishers Seek Help From U.S. It’s complex and messy, almost certainly by design.

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Publishing Advertising Advertising Music 122

Technology & Marketing Law Blog

MARCH 29, 2022

In addition, “Defendants are immune from Plaintiff’s claims related to their restriction of her access to Forge of Empires in an effort to prevent her from publishing ‘obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable” content.’ ” Breach of Contract.

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Contracts Advertising Advertising Confidentiality 115

Technology & Marketing Law Blog

MARCH 5, 2024

In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. RageOn * CreateSpace Isn’t Liable for Publishing Allegedly Infringing Uploaded Book–King v.

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Artwork Trademark Publishing Marketing 100

The IPKat

JULY 18, 2021

Subsequently, the Committee Report on the Economics of Music Streaming has been published, calling for "a complete reset" of music streaming and the need for significant change within the music industry. Some of the key regulatory recommendations are discussed in this post. Plot twist!

Music 139

Music Contracts Reporting Marketing 139

Technology & Marketing Law Blog

NOVEMBER 15, 2022

Second, I will explain why imposing legal restrictions on the ability of Internet services that gather, organize, and disseminate user-generated content (which I’ll call “UGC publishers”) to terminate accounts or remove content leads to unwanted outcomes. Accordingly, in the US, UGC publishers do not “censor” users. Section 230.

Publishing 97

Publishing Government Contracts Law 97

SpicyIP

MARCH 28, 2022

Tensions between news publishers and digital platforms providing search and news aggregation services have been growing globally for years. World over traditional media houses have faced financial difficulties due to the emergence of new digital realities and plummeting online advertising revenues.

Copyright 105

Copyright Publishing Music Contracts 105

LexBlog IP

AUGUST 7, 2023

The Center for Countering Digital Hate is a not for profit organization that publishes reports on among other things, hate speech and disinformation on social media. CCDH urges brands to not advertise on sites that promote disinformation. X Corp suggests that these efforts have resulted in reduced advertising levels on Twitter.

Social Media 52

Social Media Reporting Contracts False Advertising 52

43(B)log

OCTOBER 10, 2023

DealMaker alleged that defendants stole its trade secrets and also alleged violation of state and federal false advertising law. Defendants offered examples of contracts that, they argued, had a fee structure of 8-10%. Defendant Marble is Issuance’s co-founder and chief executive officer.

False Advertising 59

False Advertising Ownership Advertising Advertising 59

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.” Publisher/Speaker Claims. ” The court rebuffed the FTC’s attempt to distinguish Dyroff. ’”. .

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Advertising Advertising Publishing Blogging 124

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

FEBRUARY 14, 2024

” Publisher/Speaker Claim. 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. portion of the total rental fee.

Contracts 76

Contracts Advertising Advertising Privacy 76

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 82

Blogging Copyright Contracts Cease and Desist 82

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.

False Advertising 59

False Advertising Advertising Advertising Social Media 59

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

” Publisher/Speaker Claims. Plaintiffs seek to hold Apple liable for its role in reviewing and making the Toast Plus app available, activity that satisfies the second prong of the Barnes test as publishing activity. False Advertising. ” This is a highly defense-favorable reading of the contract provision.

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False Advertising Privacy Publishing Advertising 114

The IPKat

JANUARY 18, 2022

Corint Media is the German Collective Rights Management Organisation (CMO) responsible for the management of the neighbouring rights of broadcasters and press publishers, including the German press publisher’s neighbouring right under Section 87g of the German Copyright Act. in the News Showcase service.

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Publishing Marketing Marketing Advertising 52

Technology & Marketing Law Blog

SEPTEMBER 25, 2022

Starting in 2018, Shared “lost access” to the instant articles program three times, each time (allegedly) without advance notice despite the applicable TOS saying Facebook “will use good faith efforts to provide Publisher with notice of” any termination. & Prof. Section 230.

Contracts 95

Contracts Social Media Advertising Advertising 95

43(B)log

AUGUST 20, 2021

Drug manufacturers still need an NDA or ANDA to sell their drugs, but, during the pendency of an open DESI proceeding, the FDA permits the subject product or drug to remain on the market. They are therefore allowed on the market during the DESI review pendency and qualify as pharmaceutically equivalent.

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. Blog Posts.

Editing 91

Editing Social Media Blogging Advertising 91

Technology & Marketing Law Blog

JUNE 2, 2022

It’s a creative photo, but it was published. Market Effect. Tattoo Advertising/Human Billboards. Also, see Q2 of my 2005 contracts law exam and the sample answer. Kat Von D appeared first on Technology & Marketing Law Blog. ” That sends the issue to the jury. Nature of the Work. Warner Bros.

Copyright 143

Copyright Social Media Fair Use Licensing 143

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

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. .

Social Media 52

Social Media Branding Brands Branding 52

IP and Legal Filings

APRIL 8, 2023

Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.

Privacy 76

Privacy Law Intellectual Property Music 76

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

Technology & Marketing Law Blog

DECEMBER 9, 2022

Even if Google’s conduct could be interpreted as a technical violation of many websites’ notoriously overbroad terms of service, their conduct doesn’t meet the criteria for most online breach of contract disputes. Trademark, copyright, trespass to chattels, the law of online contracts—none of this stuff is novel.

Blogging 119

Blogging Law Contracts Cease and Desist 119

The IPKat

SEPTEMBER 19, 2023

Background The plaintiff, Advance Magazine Publishers (‘AMP’), publishes the famous Vogue magazines and owns various EU trade marks protecting ‘VOGUE’ inter alia for ‘printed matter’ in class 16. BCP manufactures, advertises and distributes an energy drink under the name ‘Diamant Vogue’. Therefore, it stands to reason that Art.

Art 74

Art Contracts Publishing Designs 74

Technology & Marketing Law Blog

OCTOBER 6, 2022

It’s also far more likely that major publishers and studios have timely registered their works, entitling them to statutory damages. Tattoo Advertising/Human Billboards. Also, see Q2 of my 2005 contracts law exam and the sample answer. WWE 2K (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 136

Blogging Fair Use Copyright Infringement Copyright 136

TorrentFreak

NOVEMBER 19, 2022

Late 2011, Megaupload founder Kim Dotcom published a promo video that surprised even the most hardened file-sharers. 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. PikaShow Markets to the Masses. site, i-cdn-0.jonahz-viccen-i-202.site,

Advertising 124

Advertising Advertising Copyright Editing 124

Velocity of Content

OCTOBER 4, 2021

The rapidly expanding market has attracted some of the world’s biggest celebrities – from Will Ferrell to Michelle Obama to Malcolm Gladwell, Chelsea Handler and Shonda Rhimes. For top-shelf creators, producers, distributors and platforms, podcasting may be an end in itself – or it can serve as a bridge to film, television, and publishing.

Licensing 52

Licensing Intellectual Property Law Television Intellectual Property 52

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. Are we really doing this again?

Licensing 91

Licensing Copyright Contracts Advertising 91