Technology & Marketing Law Blog

FEBRUARY 9, 2022

regulated and domiciled checking, savings, money market, brokerage, or credit card Account of [the customer] held directly or indirectly by a Financial Institution and established primarily for personal, family or household purposes. New York law recognizes unjust enrichment despite the existence of a contract in “unusual” circumstances.

Contracts 105

Contracts Government Marketing Marketing 105

IPilogue

JANUARY 9, 2023

I was seated with a digital marketing employee, employees in the clinical research and development team, and an employee in the respiratory team. AstraZeneca is a global company, some contracts can require engaging in services in other countries. AstraZeneca focuses on clinical research but also marketing and sales of its IP.

Business 110

Business Privacy Contracts Confidentiality 110

The IPKat

JULY 14, 2022

In the notes, the EUIPO provides the following definition of NFTs: “ unique digital certificates registered in a blockchain, which authenticate digital items but as distinct from those digital items ”. All this said, the EUIPO’s definition arguably presents some shortcomings.

Non-Fungible Tokens 144

Non-Fungible Tokens Artwork Editing Contracts 144

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

The IP Law Blog

MAY 4, 2023

Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. The Ninth Circuit began analyzing the Section 1 claim by focusing on the proper definition of the market.

Marketing 98

Marketing Marketing Privacy Contracts 98

43(B)log

AUGUST 4, 2023

Maybe it’s a sense of breach of contract, but the book describes more tolerance for reuse. Also intersects a great deal w/contracts. Pro photographers agree to onerous contracts from longstanding clients in order to retain them. Institutional precarity: Declining trust in markets, not in IP law.

Public Domain 52

Public Domain Contracts IP Privacy 52

LexBlog IP

MARCH 10, 2024

Key Definition within Federal Law No. 36/2023 describe the key definitions Competition: Engaging in economic activities within market mechanisms without adverse influence or restrictions detrimental to trade, development, or consumer interests. 36/2023: According to Article 1 of the Federal Decree-Law No.

Law 52

Law Intellectual Property Marketing Marketing 52

Technology & Marketing Law Blog

FEBRUARY 14, 2024

The Florida legislature (bless their hearts) amended the statute in 2023 (after Lindsey’s rental) to broaden the definition of a livery. Thus, the Terms of Use Agreement is a proper clickwrap contract, and the undisputed facts establish that Lindsey Partridge assented to its terms Case Citation : In re Chaves, 2024 U.S.

Contracts 73

Contracts Advertising Advertising Privacy 73

43(B)log

MAY 19, 2023

Defendants allegedly marketed the My Avastars dolls with a “code” that could be used in the Roblox platform. more images from the complaint Interestingly, the contract/tortious interference claims against US resident defendants had to be arbitrated because of Roblox's own TOS.

Copying 94

Copying False Advertising Social Media Advertising 94

Technology & Marketing Law Blog

JULY 14, 2022

NB: there always should be someone at the company who can easily answer just how many times the TOS has been amended and provide definitive copies of each amendment and the date they occurred. That would be a legal fiction, but most online contract formation law is predicated on similar fictions). Sony Network Entertainment. *

Contracts 108

Contracts Blogging Business Law 108

Kluwer Copyright Blog

JANUARY 31, 2022

Garrix had entered into a record production contract with the label at a very young age. Having become a successful DJ and finding the terms of the contract unfair, Garrix sought annulment for a variety of legal reasons. According to the Dutch Supreme Court, the act of manufacturing (fixation) is essential to this definition.

Music 111

Music Editing Contracts Intellectual Property Law 111

The IP Law Blog

MAY 27, 2021

District Court for the Southern District of New York over the use of the Corona trademark for Corona Hard Seltzer and for breach of contract, alleging that Constellation only has the right to sell beer products, not hard seltzer, under the Corona brand. Modelo sued Constellation in the U.S.

Licensing 103

Licensing Branding Brands Branding 103

Kluwer Copyright Blog

JANUARY 26, 2022

“Web3 cannot and should not be reduced to blockchain when the real shift is towards user ownership of digital assets… This definitional shift focuses attention on what assets can be legally owned and the meaning of ownership “rights,” more generally, in the emerging digital spaces of web3.”. . The Rift Over Web3. What is web3, anyway?

Ownership 117

Ownership IP Non-Fungible Tokens Technology 117

Technology & Marketing Law Blog

JANUARY 28, 2022

This is the screen design at issue: This is the Maine Supreme Court’s first foray into online contract formation. The court does not like the “done” approach: to a reasonably prudent user, clicking “DONE” would not indicate assent to a contract or, in fact, anything beyond having completed the registration process.

Contracts 97

Contracts Registration Designs Design 97

IP and Legal Filings

NOVEMBER 9, 2022

A report by Citibank published in March, 2020 observes that the Metaverse economy could be a thirteen trillion dollar total addressable market by the year 2030. But needless to say, the Metaverse brings into picture several aspects of the law such as Copyright law , Contract law, Tort law and Criminal law. Contract Law .

Contracts 52

Contracts Law Technology Privacy 52

43(B)log

JUNE 15, 2022

19, 2022) The parties compete in the market for energy drinks. VPX (Vital) makes BANG, which now contains creatyl-l-leucine (CLL), “a novel ingredient marketed under the trademark ‘Super Creatine.’ … Defendants claim that CLL is more stable and more bioavailable than other forms of creatine.” Vital Pharmaceuticals, Inc.,

False Advertising 59

False Advertising Advertising Advertising Contracts 59

Traverse Legal Blog

APRIL 17, 2021

Be an NFT expert if you want to take advantage of this emerging market. Top marketing places include: OpenSea – Built on ERC-721 and ERC-1551 non-fungible token standards – the largest marketplace for creator-owned digital goods – easy onboarding experience for new users – create your own storefront.

Due Diligence 113

Due Diligence Licensing Non-Fungible Tokens Copyright 113

LexBlog IP

MAY 4, 2023

” Today, Apple has about a 15% market share of the global smartphone market, with more than 1 billion iPhone users. The Ninth Circuit began analyzing the Section 1 claim by focusing on the proper definition of the market.

Marketing 52

Marketing Marketing Privacy Contracts 52

Kashishipr

APRIL 20, 2022

” After going through all the definitions mentioned above, we can say a trade secret refers to any piece of info or data relating to a brand or business that is generally not known to the public at large and for which its owner puts in a sincere effort to maintain its confidentiality.

Intellectual Property 119

Intellectual Property Confidentiality Public Domain Business 119

LexBlog IP

DECEMBER 20, 2023

The overarching goals are to stimulate a competitive data market, by allowing greater access to data and removing barriers to changing data service providers. “Customers” here includes both individual consumers and corporate entities who have entered into a contract for data processing services.

Contracts 52

Contracts Business Law Journalism 52

The IPKat

SEPTEMBER 5, 2022

The NFT art market, that is NFTs which specifically link an artwork or a digital file (a song, for example), have already gone mainstream and, of course, artists and projects owners have asked lawyers to prepare IP licenses to protect their IP. All this has been complicated by the fact that NFTs are both a new and complex concept.

Licensing 95

Licensing Non-Fungible Tokens Artwork Contracts 95

Technology & Marketing Law Blog

AUGUST 21, 2023

As the Newman court summarized, “this case has shed its intentional discrimination and constitutional claims, becoming—first and foremost—a breach of contract dispute.” Google appeared first on Technology & Marketing Law Blog. In both cases, the high-concept and splashy constitutional issues fizzled out long ago.

Contracts 85

Contracts Social Media Blogging Law 85

43(B)log

AUGUST 12, 2021

30, 2021) From 1985 to 2003, Plaintiff Daniel Abrahams contracted with the Thompson Publishing Group (“TPG”) to author a series of publications related to the Fair Labor Standards Act. law tort and contract claims and one federal claim under the Lanham Act. Abrahams v. Simplify Compliance, LLC, 2021 WL 1197732, No. He sued for D.C.-law

Editing 59

Editing Contracts Marketing Marketing 59

43(B)log

JANUARY 3, 2023

Thus, most of the claims survived Target’s motion to dismiss (though unjust enrichment/quasi-contract was duplicative). Allegations: Defendants market a dietary supplement product labeled “100% Wild Alaskan 1000 mg Fish Oil” whose label asserts that it “Contains Fish: Alaskan Walleye Pollock.”

Contracts 108

Contracts Marketing Marketing Law 108

Technology & Marketing Law Blog

DECEMBER 2, 2023

Noshirvan’s videos forced Garramone to terminate contracts with surgeons who worried about reputational harm. As you may recall, a South Korean woman didn’t pick up her dog poop on a public train–definitely a social faux pas, and perhaps a crime. Noshirvan appeared first on Technology & Marketing Law Blog.

Editing 65

Editing Publishing Reporting Contracts 65

Technology & Marketing Law Blog

AUGUST 29, 2022

We are still developing our travel plans (not as much fun in the COVID era), but we will definitely take advantage of our freedom!]. 6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). I posted a chapter from the book: Online Contracts. Books and Academic Articles.

Editing 89

Editing Social Media Blogging Advertising 89

IP and Legal Filings

NOVEMBER 23, 2023

iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit. Publicity, such as character, reputation and personal brand, will be protected under various statutes, such as the Copyright Act 1957 and the Trade Marks Act 1999.

Intellectual Property 96

Intellectual Property Privacy Branding Brands 96

Technology & Marketing Law Blog

AUGUST 5, 2022

Gutman opened both accounts after she entered into the employment contract with JLM. Gutman and JLM employees worked together to strategize as to how best to leverage the social media platforms to market the HP brands.” Gutman’s personality and personal life, these were part of the overall marketing strategy for JLM.

Social Media 98

Social Media Ownership Branding Brands 98

TorrentFreak

MARCH 21, 2024

However, the definition can also encompass anyone with a legitimate reason to access the information, which includes rightsholders and their agents. Secondly, further cooperation and information sharing should be encouraged.

Social Media 95

Social Media IP Registration Law 95

Technology & Marketing Law Blog

APRIL 6, 2022

While the definition of “Platform” includes “content,” it doesn’t appear to contain “User Content.”. Court Definitively Rejects AFP’s Argument That Posting a Photo to Twitter Grants AFP a License to Freely Use It — AFP v. Newsweek appeared first on Technology & Marketing Law Blog. Breitbart News. United Sports.

Licensing 114

Licensing Fair Use Blogging Copyright 114

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

IP and Legal Filings

AUGUST 25, 2023

These enterprises are not free from such duties simply because they are new to the market. DEFINITION OF START UP A notification released by the Department for Promotion of Industry and Internal Trade of Ministry of Commerce and Industry; an entity shall be considered as a Startup if it satisfies all the following conditions: “ ….

Law 72

Law Contracts Business Government 72

43(B)log

MARCH 4, 2024

Although this wasn’t a two-player market, the evidence (including trade organization membership and Albion’s own offers to distributors) suggested that Newborn and Albion were direct competitors. Without definitive evidence quantifying the value of American manufacture, the court erred on the side of Newborn.

False Advertising 45

False Advertising Advertising Advertising Marketing 45

Kluwer Copyright Blog

JULY 5, 2022

The first topic up for discussion by the panel was the actual definition of the metaverse. It is clear that there are many definitions and it was generally difficult to settle on one for something that had been “hyped” so much, noted Dr Guadamuz. There are also problems with smart contracts – contract theft, errors in the code etc.

Ownership 56

Ownership IP Non-Fungible Tokens Intellectual Property 56

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. . Read more. .

Social Media 52

Social Media Branding Brands Branding 52

Herbert Smith Freehills

DECEMBER 8, 2022

Any exchange of information between supplier and its distributors will only benefit from the safe harbour to the extent that the information is directly related to the implementation of the agreement and necessary to improve production or distribution of the contract goods or services. Read more. . Read more. .

Social Media 52

Social Media Branding Brands Branding 52

JIPEL Copyright Blog

APRIL 15, 2022

Copyright owners tend to pursue legal recourse when a third party uses their work without permission in a way in which the owner is harmed – usually, in the form of reputational damage or market loss. Will the new owners of these music catalogs view third-party use in the same way as their owners? The party line would suggest so.

Music 52

Music Litigation Copyright Ownership 52