Technology & Marketing Law Blog

AUGUST 7, 2023

I replaced the Step Two and Hemi cases on personal jurisdiction with a recent 9th Circuit case, Herbal Brands v. In contrast, the Herbal Brands case cleanly deals with the common situation of an Amazon merchant selling in the Amazon marketplace. .” Verio ruling (both the contracts and TTC portions) and the Hamidi ruling.

Editing 52

Editing Law Contracts Privacy 52

LexBlog IP

AUGUST 9, 2022

NBA star Zion Williamson has more to celebrate than his recently announced five-year maximum rookie contract extension with the New Orleans Pelicans , worth up to $239 million. They argued that their idea to brand Williamson as “the First Zion Williamson,” rather than “the Next LeBron,” was a trade secret.

Contracts 52

Contracts Branding Brands Branding 52

Technology & Marketing Law Blog

JUNE 27, 2022

To do the authentication, businesses will be forced to collect personal information they don’t want to collect and consumers don’t want to give, and that data collection creates extra privacy and security risks for everyone. Third, this bill reaches topics well beyond children’s privacy.

Privacy 138

Privacy Designs Design Business 138

IP Tech Blog

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. Brand owners have already begun to catch up. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MARCH 6, 2024

This isn’t just a concern for celebrities and influencers but signals a broader threat to the privacy and rights of everyday individuals as well. Some influencers have contracted away their rights to their likeness for AI simulation, possibly in exchange for lucrative deals.

Cease and Desist 52

Cease and Desist Licensing Technology Branding 52

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. by guest blogger Prof. Guy Rub , The Ohio State University Michael E. ML Genius v.

Blogging 92

Blogging Contracts Copyright Law Copyright 92

LexBlog IP

MARCH 18, 2022

For a succinct background on NFTs, see Your NFT Playbook , by our colleagues Kyle Fath, Alan Friel, and Carlton Daniel, posted in Consumer Privacy World. Brand owners have already begun to catch up. Other brand owners have been fighting back infringers, commentators and/or parodists as in the METABIRKINS saga.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

IP and Legal Filings

MAY 29, 2022

They give a competitive edge to the brand and are not subject to public knowledge. Trade secrets also act as research tools for the company to modify its brand. Contract Law- the supply regarding restraint of commerce in Section 27 of the Indian Contract Act makes this clear. vs chemical action Equipments P.

Contracts 52

Contracts Confidentiality Copyright Law Law 52

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” The contract term was set to expire in August 2022, and thus the injunction would be dissolved as well.

Social Media 99

Social Media Ownership Branding Brands 99

LexBlog IP

FEBRUARY 6, 2024

VANDA’s breach of implied-in-fact contract claim was dismissed). At the core of the case are two of Vanda’s brand-name drugs, Fanapt and Hetlioz. VANDA did not assert a trade secret misappropriation claim, but rather asserted a Fifth Amendment takings claim.

Government 52

Government Confidentiality Contracts Branding 52

Technology & Marketing Law Blog

JANUARY 28, 2022

The posts promoted JLM’s “Hayley Paige brand,” but also included photos of Gutman with her dog and her “reflections on a recently released Star Wars movie trailer.” At some point, the parties discussed revisiting the contract terms; these discussions ended up blowing up the relationship.

Social Media 90

Social Media Ownership Contracts Privacy 90

Technology & Marketing Law Blog

SEPTEMBER 9, 2022

“plaintiffs’ computer fraud and privacy claims are based on Apple’s reproduction of an app, Toast Plus, intended for public consumption, via the App Store. ” This is a highly defense-favorable reading of the contract provision. ” Publisher/Speaker Claims. ” Cite to Opperman v. ” Oops.

False Advertising 113

False Advertising Privacy Publishing Advertising 113

SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

FEBRUARY 19, 2022

Business frame obscures broader privacy harms. RT: Counterargument: The price differential with the strong brand is empirically robust over decades because of the consumer preference for national brands. Amazon may also be able to redefine information by contract. and so Amazon swoops in. But Wal-Mart does the same thing!

Law 119

Law Branding Brands Branding 119

The IPKat

JUNE 26, 2022

Marques - CELEBRATING MARKS: How sustainability and technology will shape the future of brands - 20 to 23 September 2022 - Madrid, Spain The 2022 MARQUES Annual Conference will be held in Madrid from 20 to 23 September 2022. I will take up this post on the 1 September 2022.

Intellectual Property 117

Intellectual Property IP Registration Copyright 117

Technology & Marketing Law Blog

OCTOBER 11, 2021

Southwest asserts claims under the CFAA, the Texas computer crime statute, breach of contract, and trademark. Southwest relied on its breach of contract claim when requesting an injunction. While brand harm may be what is motivating Southwest’s actions, that argument has not figured prominently in the proceedings.

Cease and Desist 113

Cease and Desist Contracts Trademark Blogging 113

Patently-O

NOVEMBER 27, 2023

In IP lit, panels, presentations, and brand-new conferences, insurers and lawyers extol the virtues of these “bespoke” policies. It is a brand-new “bespoke” insurance product with a brand-new market, no oversight, and is yet little understood. 1] See Aviva Will & David M. 14, 2023). [3]

Settlement 82

Settlement Litigation Branding Brands 82

Olartemoure Blog

NOVEMBER 17, 2021

Local contract and case law is full of mandatory norms that render very important clauses null and void, and the fact that handshake agreements and informality is still quite in fashion seems alarming for studies used to long agreements drafted by sophisticated attorneys. For more information contact felipe.acosta@olartemoure.com.

Intellectual Property 52

Intellectual Property Artwork Privacy Contracts 52

IP and Legal Filings

FEBRUARY 20, 2024

Union of India [1] , established that privacy is an essential Fundamental right under Article 21 of the Constitution. Unauthorised use of someone’s identity is a violation of both their personality rights and their basic right to privacy. The Court rejected the privacy defence, which is often employed in IP proceedings.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

LexBlog IP

OCTOBER 30, 2022

a Delaware corporation that develops and promotes Doncic’s name, identity, and brands. In addition to federal trademark rights, the decision could affect an individual’s state-derived rights of privacy and publicity. Luka Doncic is the star guard of the NBA’s Dallas Mavericks.

Trademark 40

Trademark Registration Privacy Contracts 40

Technology & Marketing Law Blog

MARCH 10, 2022

Breach of Contract : Plaintiffs only alleged a contract claim, based on breach of a non-compete, against the one defendant who had signed the non-compete. The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had.

Social Media 80

Social Media Contracts Ownership Business 80

Intepat

FEBRUARY 7, 2023

Some of the biggest celebrities and brands in the world have found their space in it, including Morgan Stanley, Coca-Cola, Adidas, Samsung, and Snoop Dogg. – Data protection and privacy issues. These must further be accompanied by contracts to ensure that one’s intellectual asset is not infringed upon by another.

IP 52

IP Law Invention Licensing 52

Technology & Marketing Law Blog

JANUARY 24, 2024

Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM Does Steps Brand Owners Can Take to Deal With Brandjacking on Social Networks Battle Over LinkedIn Account Between Employer and Employee Largely Gutted–Eagle v.

Social Media 80

Social Media Ownership Designs Design 80

IIPRD

JANUARY 29, 2023

The issues pertaining to the rights of VTubers encompass rights to the design of the character, the privacy of the individual, licensing and taking inspiration from an existing character. However, the conversation being considered as a contract between them was unclear regarding the IP rights. 6] Stuart D. Levi & Alex B.

IP 52

IP Artwork Contracts Intellectual Property 52

43(B)log

FEBRUARY 24, 2023

UCLA School of Law Mark Janis: 1 st day of TM: students’ experience of brands as used by owners & 3 rd parties is so disconnected from the historical traditions of TM. Contract law: recently, Adidas decided Ye was too toxic to work with and cancelled deal. Brand owners are doing things to themselves we used to think we wouldn’t do.

Trademark 49

Trademark Branding Brands Branding 49

Michael Geist

MARCH 21, 2023

Supporters note that document demands are not unprecedented – there have been requests with respect to McKinsey and We Charity – but those involved concerns about completed contracts or programs, not internal analysis of legislation. This targets the companies’ response to legislation without evidence of wrongdoing.

Government 96

Government Journalism Contracts Branding 96

Kluwer Copyright Blog

JANUARY 26, 2022

Besides, creators can benefit from smart contracts and determine that a certain percentage of the sales price goes to the original creator each time the work is resold. Blockchain-powered timestamps coupled with smart contracts could help address complex copyright and other IP-related problems (patents, trademarks, etc.)

Ownership 116

Ownership IP Non-Fungible Tokens Technology 116

The IPKat

SEPTEMBER 3, 2022

In advancing a feminist reading of the industry, the chapter exposes the invasions of privacy and other abuses involved in the effort to recruit Nellie Melba (1861–1931), darling of the opera season at Covent Garden and the New York Metropolitan Theatre, and what she received from the arrangement.

Copyright 95

Copyright Music Intellectual Property Marketing 95

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In the world of IP, blockchain technologies offer real-time possibilities for IP protection, evidence and registration at either the registry stage or in the court when it comes to questions of data security and privacy concerns – a hot topic of recent times. It also provides a cost-effective way to accelerate such processes.

Technology 52

Technology Patent IP Invention 52

SpicyIP

JULY 19, 2021

NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. She criticises the judgment because the Court based its reasoning solely on privacy without any justifications rooted in property rights.

Advertising 105

Advertising Advertising Non-Fungible Tokens Intellectual Property 105

Technology & Marketing Law Blog

MARCH 5, 2024

These defense-favorable outcomes may work in the short term; but they leave open the potential liability of the contracting vendors (which may drive them out of the industry, leaving the marketing agent with no one to outsource to) and as well as the marketing agent’s possible secondary liability exposure for the vendors’ activities.

Artwork 98

Artwork Trademark Publishing Marketing 98

43(B)log

JUNE 6, 2023

This also required reversal of the NYGBL §349 false advertising claim and tortious interference with business relations claim, though the tortious interference with contractual relations claim still failed for want of specific allegations of interfered-with contracts. In other words, we use our judgment….

False Advertising 59

False Advertising Advertising Advertising Business 59

43(B)log

FEBRUARY 23, 2024

Standing makes him nervous b/c of privacy. What you’re seeing is cross-licensing/branding. Maybe sponsorship/affiliation reflects what brands are doing and how consumers think. If we listened to what brands actually do and what consumers actually see, they see Nike x Common, the dual branding is all over it.

Trademark 45

Trademark Law Branding Brands 45

SpicyIP

MAY 21, 2024

jackie-shroff-post-table-1-2 Download Shroff claimed that these unauthorized uses diluted his brand equity and infringed upon his exclusive rights. A list of the allegedly infringing activities is given below in the form of a table taken from the order. Fame can come with its own disadvantages.

Personality Rights 45

Personality Rights Editing Trademark Blogging 45

SpicyIP

NOVEMBER 8, 2023

Nevertheless, with the increasing impact of copyright and privacy on the flow of information, the path of transparency seems to be becoming more and more turbulent, warranting more attention and closer scrutiny than before. Corruption in IP Offices, Anything New? However, 2023 seems good for Google, thus far. Aditya discussed Google v.

Trademark 59

Trademark Publishing Journalism Copyright 59