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

Technology & Marketing Law Blog

JANUARY 28, 2022

The agreement also granted a license to JLM in Gutman’s name (“Hayley, Paige, Hayley Paige Gutman, Hayley Gutman, Hayley Page, or any derivative thereof”). 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.”

Social Media 90

Social Media Ownership Contracts Privacy 90

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). In this judgment, the Delhi High Court delved into the interpretation of section 8 of the Arbitration and Conciliation Act, 1996 with respect to disputes involving trademark licensing agreements. CIT [Supreme Court].

IP 143

IP Intellectual Property Copyright Trademark 143

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

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

Technology & Marketing Law Blog

JANUARY 24, 2024

The court explains that, despite the license, Gutman could use “her name for noncommercial purposes, including personal social-media accounts.” Johnson The Spectacular Failure of Employee Social Media Privacy Laws Do Employers Own LinkedIn Groups Created By Employees?–CDM

Social Media 80

Social Media Ownership Designs Design 80

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

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. – Content licensing with aspects of traditional territories, usage tracking, license fee structures, grant of rights, infringement etc. – First to own v.

IP 52

IP Law Invention Licensing 52

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

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

43(B)log

FEBRUARY 19, 2022

licensing) for roles. 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.

Law 119

Law Branding Brands Branding 119

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.

False Advertising 59

False Advertising Advertising Advertising Business 59

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. Assignment in gross seems anachronistic given the development of licensing. Contract law: recently, Adidas decided Ye was too toxic to work with and cancelled deal.

Trademark 49

Trademark Branding Brands Branding 49

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