Technology & Marketing Law Blog

MARCH 10, 2022

As alleged in the complaint, plaintiffs operated a bakery known as “La Baguette,” and hired defendants to manage aspects of the business. Defendants also managed the social media presence of the “La Baguette” business, which primarily consisted of a Facebook page. It had approximately 4,000 followers.

Social Media 83

Social Media Contracts Ownership Business 83

IPilogue

MARCH 1, 2022

On the one hand, social media has enabled global sharing of news and creative media. This article features three artists I met over the course of my research: Kaitlin Chan (they/she), an autobiographical cartoonist from Hong Kong; Tabathia Smith (she/her), a laser-cutting small business owner; and.

Social Media 106

Social Media IP Business Branding 106

43(B)log

MAY 19, 2023

Its TOS provide that users will not use Roblox content outside of the Roblox Platform, monetize Roblox content, or imply an association with Roblox for their businesses outside of the Roblox Platform. Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of its own TOS.

Copying 94

Copying False Advertising Social Media Advertising 94

Dragons' Den

FEBRUARY 9, 2023

The duo were pitching for a 50k investment in return for a 10% cut in their dog safety gate business, The Dog-G8 Company. The Dragons’ ears pricked up when Peter told them that the company had joined the popular social media channel TikTok, where three of their videos had gained 27.7 million views. million views.

Social Media 52

Social Media Licensing Business IP 52

U.S. Department of Commerce

APRIL 25, 2023

Join us for a discussion with high school seniors who are participants in our Intellectual Property Skills Work-Based Learning program through a contract with Urban Alliance. If you have ever wondered how to take your business to the next level, but wished you had someone to bounce ideas off, you’ll want to tune in.

Intellectual Property 105

Intellectual Property Trademark IP Patent 105

LexBlog IP

FEBRUARY 1, 2022

There was a good piece in MediaPost’s Marketing Insider, available here , on business considerations for working with B2B influencers. If their medium is a podcast or video blog, the disclosure can be in more natural prose, like “I am excited to have a partnership with BRAND.” Tip #7: Ensure authenticity.

Social Media 52

Social Media Contracts Branding Brands 52

LexBlog IP

OCTOBER 4, 2022

On October 3, 2022, the Securities and Exchange Commission announced charges against Kim Kardashian for violation of the anti-touting provision of the Securities Act, Section 17(b), specifically for “touting on social media a crypto asset security offered and sold by EthereumMax without disclosing the payment she received for the promotion.”

Social Media 52

Social Media Intellectual Property Business Registration 52

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

On 1 June 2022 new competition rules for vertical agreements came into force in the EU and UK, the first time the two have diverged in recent years and a move requiring businesses operating in the territories to comply with both regimes. Read more. . Treatment of most favoured nation clauses – Stricter approach and more clarity needed.

Social Media 52

Social Media Branding Brands Branding 52

43(B)log

FEBRUARY 3, 2024

end products, or products where the consumers will care which brand they got more or less. Betsy Rosenblatt: Social justice implications. Laura Heymann Thinking about how consumers view their interactions with companies both as a matter of branding and as a matter of contracts, specifically on social media.

False Advertising 49

False Advertising Contracts Branding Brands 49

Traverse Legal Blog

MARCH 6, 2024

PopSugar allegedly created profiles of prominent social media influencers and copied their photos from Instagram without permission, leading to a class action lawsuit. 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 Branding Brands 52

LexBlog IP

MARCH 6, 2024

PopSugar allegedly created profiles of prominent social media influencers and copied their photos from Instagram without permission, leading to a class action lawsuit. 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

TorrentFreak

JULY 12, 2023

PornEZ Doing Business in the United States On January 18, 2023, MG Premium, the adult entertainment giant behind brands including Reality Kings, Brazzers, MOFOS, Babes.com, and Twistys, filed a copyright complaint at a California federal court. social media platforms did so via U.S.-based Building on the site’s U.S.

Social Media 77

Social Media Copyright Infringement Copyright Business 77

IP Tech Blog

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law. And in February 2022, Nike, Inc.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

IP and Legal Filings

FEBRUARY 6, 2023

Moreover, the name earned by the brand helped it in establishing 81 retail outlets overall at different locations such as New Delhi, Pune, Noida, Bangalore, and Mumbai, and registered several trademarks for the brand of ‘THEOBROMA’ and for its different variants. Over time, it gained a good reputation and earned popularity.

Trademark 82

Trademark Settlement Business Branding 82

SpicyIP

JULY 2, 2021

The trademark protection for a business logo means that no one else can exploit or use it. It can deliver both positive and negative implications on the business community and the society. A survey of recent cases shall depict how huge brands try to weaponize trademark law to suppress the creative expression of smaller firms.

Branding 66

Branding Brands Branding Trademark 66

LexBlog IP

MARCH 18, 2022

On January 14, 2022, Hermès filed a Complaint in the Southern District of New York alleging trademark and trade dress infringement, trademark dilution, false designation of origin, cybersquatting, injury to business reputation, and misappropriation, under the federal Lanham Act and New York state law.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

43(B)log

JANUARY 5, 2024

2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. 2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. statements as evidence of confusion. This is strong evidence of the commercial weakness of these marks.

Branding 59

Branding Brands Branding Marketing 59

TorrentFreak

MAY 17, 2022

Anyone who breaches their legal agreement with a platform is, at a minimum, in breach of relevant contract law. StreamFab claims to be a sub-brand of DVDFab, a popular piece of software used to copy DVD and Blu-ray discs. Copyright Law and DRM. StreamFab is a Progression of DVDFab.

Copying 115

Copying Social Media Licensing Technology 115

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

As major fashion brands launch their own non-fungible tokens, others are testing the limits of trademark enforcement in the digital realm, say Cynthia Walden and Sarah Kelleher of Fish & Richardson. NFTs are data units stored on a blockchain used to transfer ownership of physical items or digital media with smart contracts.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

43(B)log

FEBRUARY 18, 2022

Jim Gibson, Against Reputation In contracts, defamation, TM, conceptions of reputation are misguided. If it’s cheaper to compete on subjective brand characteristics than on other metrics of quality, then producers will do that. Requirement of correlation to business footprint would require more from the Coca-Colas of the world.

Copyright 69

Copyright Business Branding Brands 69

Intepat

JUNE 13, 2024

The infringer must pay up to INR 25,000 for each instance of piracy, recoverable as a contract debt. For example, the fashion industry faces significant issues with fast fashion brands quickly replicating runway designs and selling them online before the original creators can commercialize their work.

Designs 52

Designs Design Branding Brands 52

Trading Secrets

MARCH 22, 2022

Included within the JLM contract were certain restrictive covenants, including a non-competition agreement, as well as various intellectual property assignment provisions. While the contract was originally to run through 2016, the parties extended the agreement through August 1, 2022. JLM Couture, Inc. Gutman , 24 F.4th 4th at 789.

Social Media 59

Social Media Contracts Confidentiality Business 59

Corsearch

NOVEMBER 28, 2023

Bad actors are as prepared for the Golden Quarter as legitimate businesses, with November boasting the highest volume of illicit listing enforcements on online marketplaces. Bad actors are those that steal your IP and brand likeness to sell fake products, promote scams, and otherwise illegitimately generate profit off your hard work.

Branding 52

Branding Brands Branding Cease and Desist 52

Technology & Marketing Law Blog

AUGUST 10, 2023

Different social media service, same result–case dismissed. She ran a business selling adult toys and promoted the business on her Instagram account. The court dismisses the plaintiff’s claims: Breach of Contract. This is yet another account termination case. She claims she generated $10k/week in sales.

Contracts 78

Contracts Social Media Blogging Business 78

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. Second, even if businesses treated all consumers (i.e., NO ONE WANTS THIS. Bye bye casual browsing.

Privacy 140

Privacy Designs Design Business 140

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

IP and Legal Filings

FEBRUARY 7, 2023

Their rights will be protected thanks to the metaverse brands’ trademarks. Many businesses are currently working to develop the Metaverse or different kinds of mixed reality settings that integrate several technologies, including AI, blockchain, VR, and AR. It might be more difficult than ever in the metaverse to police brands.

Trademark 84

Trademark Non-Fungible Tokens Branding Brands 84

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

Technology & Marketing Law Blog

JUNE 22, 2023

The CJPA engages with a critical problem in our society: how to ensure the production of socially valuable journalism in the face of the Internet’s changes to journalists’ business models? We should encourage journalists to build sustainable business models. CJPA does the opposite. Free Speech L. 127 (2022).

Journalism 92

Journalism Social Media Publishing Government 92

IIPRD

JANUARY 18, 2022

NFTs are created using “smart contracts,” which are software codes that govern actions such as validating ownership and regulating their transferability. Even premium watch brands are promoting NFT auctions through the many social media platforms accessible. NFTs and Intellectual Property Rights.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

IP and Legal Filings

FEBRUARY 20, 2024

The complaint claims that artificial intelligence-created deepfakes of Anil Kapoor and his name-branded websites defraud customers. Judgement of the court Fame, as the Honourable Justice noted, can have negative outcomes, including the erosion of people’s rights to privacy, a way of life, and social dignity.

Personality Rights 63

Personality Rights Privacy Social Media Copyright 63

Intepat

FEBRUARY 7, 2023

Moving Towards The Metaverse Businesses inadvertently move towards spaces which have the potential for more money to be tapped. One such growing space that is considered a hotbed for businesses is the metaverse. The conventional internet and social media, as we know it, is referred to as the Web2.0

IP 52

IP Law Invention Licensing 52

The IPKat

MARCH 27, 2022

One of these brands that has popped up on the AmeriKat's Instagram are riding boots from Fairfox & Favor. It sells well-known and artisan brands through its retail premises, online store and mail-order catalogue and has an annual turnover of £30million. The footwear part of their business accounted for less than 20%.

Designs 52

Designs Design Copying Art 52

43(B)log

AUGUST 11, 2022

But there was pressure from the market: this is a business trying to make money. Our notions of contract/markets out of which the current rules arise are themselves influenced by androcentric notions. Another use: branding function for purposes of parody/humorously assert rights or ownership. a Feminist ™.

IP 72

IP Copying Marketing Marketing 72

SpicyIP

DECEMBER 30, 2023

The Court interpreted the clause on ownership of work made during a contract of service (Section 17(c)) to not apply in situations where there is a contract between equals. The Court limited the scope of Section 17(c) to apply to contracts where the relationship between the parties is akin to that of an apprenticeship.

IP 124

IP Copyright Trademark Intellectual Property 124

Technology & Marketing Law Blog

JANUARY 28, 2022

For background, check out my post on the district court’s ruling here: “ Social Media Ownership Disputes Part II: Bridal Wear Company Takes Back Control of Instagram Account from Ex-Employee ”. It did not specifically address ownership of social media accounts. Gutman signed an employment agreement with JLM.

Social Media 92

Social Media Ownership Contracts Privacy 92