IP Law 360

OCTOBER 26, 2021

Timeshare company Bluegreen Vacation said Tuesday that it inked a confidential settlement with certain timeshare exit companies that resolves claims that the companies are falsely advertising their services to help release consumers from their binding timeshare contracts in a "timeshare exit scheme."

False Advertising 40

False Advertising Confidentiality Settlement Contracts 40

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. Teami ($15 million settlement, all but $1 million suspended), where there were other bad things like fighting cancer claims and also nondisclosure by influencers like Cardi B.

Advertising 40

Advertising Advertising Law Privacy 40

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

TorrentFreak

JANUARY 11, 2022

Initially, the parties entered settlement discussions. According to Bungie, AimJunkies copied and distributed its copyrighted work, to develop and advertise its cheat software. In a complaint filed at a Seattle federal court last June, Bungie accused AimJunkies.com of copyright and trademark infringement, among other things.

Copyright 136

Copyright Law Copying Copyright Infringement 136

LexBlog IP

OCTOBER 4, 2022

As described by SEC Chair Gary Gensler, Kim Kardashian’s June 2021 Instagram post was not a generic product advertisement. ” Read the SEC’s settlement order here. Rather, her post dealt with promoting a “crypto asset security” which implicates U.S. ARE SOCIAL MEDIA INFLUENCER PROMOTIONS DEAD?

Social Media 52

Social Media Intellectual Property Business Registration 52

43(B)log

JANUARY 5, 2024

While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength. And defendants did rebut it—all the marks were commercially weak.

Branding 59

Branding Brands Branding Marketing 59

43(B)log

JUNE 16, 2022

It contracts with Charities Aid Foundation of America, which in turn delivers donated funds to designated charities. Although members of the public are able to enter for chances to win prizes without paying money, Omaze advertises increased opportunities to win in exchange for larger donations.” I would think it would be much worse!

False Advertising 59

False Advertising Advertising Advertising Designs 59

LexBlog IP

SEPTEMBER 15, 2022

They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer. In this case, beyond pure IP issues, the parties disagree over interpretation of Tarantino’s original contract with Miramax, in which he reserved all rights for print publication of the screenplay (including in digital form).

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

JANUARY 10, 2022

Before doing that, the statute requires the agency to send the penalty complaint (and settlement, if one exists) to the Department of Justice, and the DOJ then has 45 days to either file the case itself or return it to the FTC for prosecution. Well, as my contracts professor used to say, “Always read to the end of the statute.”

Settlement 52

Settlement Blogging Privacy Law 52

Technology & Marketing Law Blog

DECEMBER 15, 2021

The Lenz case got a lot of press, but it ended with a confidential settlement. As a double-insult, 512(f) preempts related state law claims over abusive takedown notices, so it actually leaves victims worse off than if 512(f) didn’t exist by clearing out the field. Signal 23 Television v.

Registration 114

Registration Fair Use Copyright Designs 114

Fish & Richardson Trademark & Copyright Thoughts

MARCH 8, 2021

Coinciding with this announcement, FDA issued draft guidance addressing promotional labeling and advertising considerations for prescription biological reference and biosimilar products. 1, 2020 and regulates anticompetitive patent settlements.

Settlement 40

Settlement Licensing Designs Design 40

Technology & Marketing Law Blog

NOVEMBER 21, 2022

Judge Wood’s opinion concluded that the ad objectively did not communicate an offer due to its humor, so no contract ever formed and Leonard didn’t get his Harrier jet. Wood’s opinion is relatively dry, but it’s become a staple of the contracts law canon because of its fun facts and its precise analysis.

Contracts 109

Contracts Advertising Advertising Settlement 109

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

No earlier than July 31, 2023 per settlement. No earlier than November 20, 2023 per settlement. . No earlier than June 30, 2023 per settlement. No earlier than September 30, 2023 per settlement. No earlier than July 1, 2023 per settlement. No earlier than January 31, 2023 per settlement. January 2021.

Litigation 52

Litigation Settlement Marketing Marketing 52

43(B)log

NOVEMBER 27, 2023

MillerKing, a small Chicago law firm that claims to be a direct competitor of DNP, sued DNP for false association and false advertising under the Lanham Act and Illinois state law. DNP advertises that it uses artificial intelligence” rather than “human knowledge.” But DNP isn’t actually licensed to practice law.

False Advertising 49

False Advertising Advertising Advertising Contracts 49

Technology & Marketing Law Blog

DECEMBER 27, 2022

NY Times : Meta Agrees to Alter Ad Technology in Settlement With U.S. Court strikes down Maryland’s Digital Advertising Tax Act on First Amendment, Dormant Commerce Clause, and other grounds (including the Internet Tax Freedom Act). targeted social media advertising. targeted advertisement. Marketing. * Comptroller , No.

Privacy 101

Privacy Marketing Marketing Social Media 101

Technology & Marketing Law Blog

JUNE 11, 2022

A photo of the Indianapolis nighttime skyline has generated $825 in license fees & $135k in settlements. After 3+ yrs of litigation, court awards Bell $200 in statutory damages–but actually $0 due to a related settlement. 26, 2021). This is a preview of the future of CCB litigation…CAN’T WAIT! 19-55882 (9th Cir.

Copyright 113

Copyright Copying Copyright Infringement Copyright Law 113

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

No earlier than 2023 per settlement. No earlier than 2023 per settlement. No earlier than 2023 per settlement. . No earlier than 2023 per settlement. No earlier than 2023 per settlement. No earlier than 2023 per settlement. No earlier than 2023 per settlement. Commercial Launch Date. adalimumab-aqvh.

Litigation 52

Litigation Settlement Patent Marketing 52

TorrentFreak

JULY 23, 2023

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. The exclusion of Bittorrent traffic on USA servers is a measure taken in response to a legal settlement in 2022.

Privacy 139

Privacy IP Technology Reporting 139

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

Technology & Marketing Law Blog

JANUARY 26, 2024

Moreover, there is nothing to suggest that the CFRA was designed to be used as a defense to a private breach of contract action. NY Times : SmileDirectClub to Release Customers From NDAs in Settlement Other Consumer Issues * Pop v. Consumer Reviews * Route App, Inc. Heuberger , 2023 WL 5334192 (D. Lulifama.com LLC, 2023 U.S.

Social Media 74

Social Media Privacy Advertising Advertising 74

43(B)log

FEBRUARY 23, 2024

Google fought for keyword advertising but couldn’t win that today. There was a settlement over validity v. What if we could read that part of the opinion in ways that were less awful? Farley: INTA says its objective is to protect the public through the use of TMs/avoiding deception. But they can’t. They’re sidelined by the techlash.

Trademark 45

Trademark Law Branding Brands 45