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 79

Social Media Contracts Ownership Business 79

43(B)log

MARCH 28, 2024

Princeton insured Wonderland from 2016-2018 (with a broad exclusion for defamation, invasion of privacy, and various forms of advertising injury in the second year called the Exhibitions and Related Marketing Exclusion), and agreed to defend the club but reserved the right to deny insurance coverage. about your goods, products or services”).

Advertising 64

Advertising Advertising Settlement Contracts 64

Technology & Marketing Law Blog

MARCH 2, 2023

In 2016, Congress enacted the Consumer Review Fairness Act (CRFA), which bans businesses from trying to contractually restrict their customers’ reviews. At the time of passage, I’m not sure how many businesses were actually using contracts to control their customers’ reviews, but it was a growing trend.

Contracts 60

Contracts Social Media Business Blogging 60

TorrentFreak

MARCH 21, 2024

anywhere where they’re reliant on services operated by businesses that already comply with the law and are more likely to take action. Technical solutions may face compliance and regulatory issues, while pirate adversaries remain light on their feet by ignoring them all.

Social Media 92

Social Media IP Registration Law 92

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. Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform.

Copying 94

Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

AUGUST 24, 2023

For example, the most aggressive companies in pursuing web-scraping litigation are the social media companies. And while their terms of use provide the social media companies a license to use that user-generated content, it is their users who typically have a copyright interest in their content.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96

Kluwer Copyright Blog

APRIL 15, 2024

Think of social media, whose data are scraped and used to train Large Language Models (LLM) (e.g. social media data), databases and trade secrets (e.g. EU Digital Market Act and competition laws that force access to certain data, see below). open code AI”, “open training Data AI”, “open weighting factors AI” etc.).

Licensing 103

Licensing Social Media Contracts Privacy 103

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

LexBlog IP

MARCH 15, 2022

Plaintiff, Tori Belle Cosmetics LLC (“Belle Cosmetics”), sells its cosmetics and false eyelashes through a network of salespeople, allowing each salesperson to earn a portion of any revenue generated by any salespeople they recruit to join their sales network, i.e., a multi-level marketing business.

Marketing 52

Marketing Marketing Confidentiality Social Media 52

Technology & Marketing Law Blog

MARCH 25, 2024

It’s a reminder of why Twitter will never be profitable again (it’s dissipating its cash on wasteful litigation instead of building a non-cesspool business), and that check will be yet another embarrassing confirmation of Musk’s hypocrisy and fragile ego. Breach of Contract Twitter’s TOS bans scraping.

Litigation 84

Litigation Contracts Advertising Advertising 84

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

IPilogue

AUGUST 19, 2021

the TOKYO 2020 EMBLEM ) are protected as an official mark but not under the OPMA, which may present difficulties as certain businesses look to the OPMA to check their compliance. . Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

Technology & Marketing Law Blog

JUNE 9, 2022

I refer to “data snarfers” as businesses that aggregate (via scraping or APIs) lots of sensitive online personal information to offer analytics, business/competitive intelligence, and similar services. Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 103

Contracts Privacy Social Media Advertising 103

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

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. ” Remember to discuss making these disclosures during live public speaking events as well — especially if they will be livestreamed on social media for the public to follow along.

Social Media 52

Social Media Contracts Branding Brands 52

Art Law Journal

MAY 18, 2021

Artists: Learn how to manage your art business in a financially responsible way aimed toward sustainable growth! The post Financial Planning for Artists to Grow Your Business appeared first on Art Business Journal.

Business 52

Business Journalism Art Social Media 52

Technology & Marketing Law Blog

DECEMBER 7, 2022

Prager tried a variety of contract-based workarounds to Section 230. Going beyond the contracts, Prager looks to various “promises” it alleges that defendants made through public-facing comments. the same “Good Samaritan” screening that Congress has elected to protect from liability under state law.

Contracts 135

Contracts Publishing Law Government 135

Technology & Marketing Law Blog

JANUARY 5, 2023

” Moreover, her contract claims are based on Defendants’ description of the tour conducted by MAT. Wired : Inside the Underground Market for Fake Amazon Reviews. The post 2H 2022 Quick Links, Part 4 (Section 230, Consumer Reviews) appeared first on Technology & Marketing Law Blog. Blossoms & Blooms, Inc.

Social Media 113

Social Media Publishing Marketing Marketing 113

43(B)log

APRIL 18, 2023

VPX argued that Monster didn’t show irreparable harm because: (1) the harms are purely economic; (2) VPX “abandoned any marketing focus on Super Creatine or creatine” before the jury rendered its verdict; and (3) VPX’s remediation obviates the need for an injunction. Are lost prospective customers and market share purely economic harms?

False Advertising 72

False Advertising Advertising Advertising Social Media 72

43(B)log

FEBRUARY 3, 2024

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. Consumer contract part: consumers don’t read most consumer contracts, which are contracts of adhesion. Casual speech feels more friendly.

False Advertising 49

False Advertising Contracts Branding Brands 49

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. Also consider international markets.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

TorrentFreak

MAY 17, 2022

Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. Anyone who breaches their legal agreement with a platform is, at a minimum, in breach of relevant contract law. Do the streaming services allow users to make copies and is this type of software legal?

Copying 113

Copying Social Media Licensing Technology 113

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. While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength.

Branding 59

Branding Brands Branding Marketing 59

Technology & Marketing Law Blog

MAY 25, 2022

The opinion holds that the key parts of Florida’s social media censorship law (SB 7072) likely violate the First Amendment and should remain enjoined. ” The opinion also highlights the madness of the Fifth Circuit allowing the Texas social media censorship law to take effect via a 1-line order. “S.B.

Social Media 97

Social Media Law Blogging Publishing 97

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. Also consider international markets.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

OCTOBER 28, 2022

Its business model is to sell highly discounted flights at, near, or below cost and then to make additional profits by selling ancillary services such as food, drinks, rental cars, hotels, and insurance on their site and on their flights. Everyone can access the system—except those whose technology and services threaten their business model.

Blogging 86

Blogging Cease and Desist Business Litigation 86

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Given the rapid growth of Non-Fungible Token (NFT) market, it was just a matter of time until a court recognised the labyrinth of intellectual property difficulties that surrounded the distribution and sale of NFT digital works. In China’s first copyright infringement case including NFT digital work, a court recently decided.

Copyright Infringement 52

Copyright Infringement Copyright Non-Fungible Tokens Artwork 52

LexBlog IP

JANUARY 19, 2024

This stance raises the prospect of web scraping of personal data for AI training in breach of (say) a website’s terms of use being a breach of the UK GDPR in addition to (and because of) the underlying breach of contract. million or 4% of the worldwide turnover). [7] through use of output filters). 6] Article 5(1)(a) UK GDPR. [7]

Law 52

Law Social Media Contracts Intellectual Property 52

CopyrightsWorld

MARCH 30, 2021

If you ask any professional working on digital marketing what is the most valuable online asset for a business, you’ll get pretty the same answer. Read carefully the contracts passed to you by your collaborators or self publishing services or even social media and DO NOT give away the ownership of your copyright.

Copyright 74

Copyright Ownership Intellectual Property Blogging 74

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. In the instant case, Apple had instituted a suit against a small business for its logo design of a pear (see here ). Image from here.

Branding 66

Branding Brands Branding Trademark 66

Technology & Marketing Law Blog

DECEMBER 27, 2022

Marketing. * 2, 2022): Nor does personal jurisdiction arise out of the Film Defendants’ so-called “advertising strategy,” which allegedly “featured a significant push on social media[ ] targeting Washington, DC residents via Instagram and Facebook.” targeted social media advertising. Comptroller , No.

Privacy 97

Privacy Marketing Marketing Social Media 97

43(B)log

FEBRUARY 18, 2022

Jim Gibson, Against Reputation In contracts, defamation, TM, conceptions of reputation are misguided. Enormous distributive consequences for businesses w/deep pockets that can afford to run surveys, also show more ads/sales than smaller businesses. How is reputation constructed in law? Legally: Falwell v. Tom Lee et al.’s

Copyright 69

Copyright Business Branding Brands 69

Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2022

While arguments exist that infringement of trademarks in connection with virtual goods and services should be covered by the “natural zone of expansion” doctrine, best practice would be to file applications for important brands for virtual versions of the brand’s goods or services and to ensure enforcement efforts cover this new market.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Trademark Branding 40

The IP Law Blog

JANUARY 12, 2023

For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media. Don’t overlook company social media accounts, domain names, and toll-free numbers, which may also serve as potential trademarks.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Kluwer Copyright Blog

MAY 11, 2023

The relevant act, seeking to bring Ireland in line with the Directive, is the Statutory Instrument 567/2021 ‘European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021’ (hereinafter ‘ the Regulations’ ). The Irish legislative transposition finally became law on 19 November 2021.

Copying 103

Copying Copyright Law Copyright Social Media 103