Technology & Marketing Law Blog

FEBRUARY 27, 2022

AA’s terms and conditions says that all disputes arising under its agreements will be governed by the Northern District of Texas. But before they get there, these courts must first decide whether AA’s terms and conditions constitutes a valid and enforceable contract, and whether TPG assented to its terms. Breach of Contract 2.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

IPilogue

AUGUST 19, 2021

Rule 40 restricts social media posts and advertisements published by athletes and sponsors during the Games, both in volume and content. As social media posts generate buzz and draw fans, spectators will have a chance to enjoy getting behind-the-scenes looks and instant updates from their favourite athletes.

Intellectual Property 106

Intellectual Property Social Media IP Trademark 106

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. Indeed, the whole “but the algorithms” attack on Section 230 has always been nonsensical.

Contracts 136

Contracts Publishing Law Government 136

Technology & Marketing Law Blog

SEPTEMBER 25, 2021

In March 2020, she contracted a respiratory illness. There was no nuance to the law enforcement effort to censor speech; it was the raw exercise of government power, coupled with a realistic threat of incarceration for noncompliance. ” “The First Amendment is not a game setting for the government to toggle off and on. .”

Law 102

Law Social Media Government Contracts 102

Technology & Marketing Law Blog

FEBRUARY 27, 2024

That decision could have significant implications for this case as well as all other First Amendment challenges of states’ efforts to censor social media.] AG Yost disingenuously argued that the law enhances parents’ control over their children’s contracts. To enable greater government censorship of speech? (I

Social Media 81

Social Media Law Contracts Publishing 81

Technology & Marketing Law Blog

JANUARY 10, 2024

Ohio enacted a law, the “ Parental Notification by Social Media Operators Act ,” Ohio Rev. Obviously, these definitions reach most user-generated content (UGC) services, not just “social media” in the classic sense. Recall the term “social media” is literally in the bill title).

Social Media 84

Social Media Law Contracts Designs 84

Technology & Marketing Law Blog

AUGUST 29, 2022

6th Edition of Advertising & Marketing Law: Cases and Materials (with Rebecca Tushnet). I posted a chapter from the book: Online Contracts. Will California Clone-and-Revise Some Terrible Ideas from Florida/Texas’ Social Media Censorship Laws? Books and Academic Articles. Analysis of CA AB587). Attorney General.

Editing 89

Editing Social Media Blogging Advertising 89

Traverse Legal Blog

APRIL 2, 2023

The influencing game of brand endorsements is one of many examples where technology goes faster than the government’s ability to regulate and enforce. Brands are more likely to require disclosures in their influencing and endorsement contracts. In the world of social media, everyone’s got an angle.

Social Media 52

Social Media Advertising Advertising Branding 52

Technology & Marketing Law Blog

JUNE 9, 2022

BrandTotal “provides advertising consulting services to corporate clients regarding how those clients’ and their competitors’ digital advertisements are presented to social media users.” Law students, this is one of many reasons why your 1L Contracts class is so important. ” Oof.

Contracts 104

Contracts Privacy Social Media Advertising 104

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

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

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 98

Social Media Law Blogging Publishing 98

Technology & Marketing Law Blog

OCTOBER 28, 2022

But much of this business model is contingent on being able to sell flights directly through Ryanair’s site to control the market for ancillary services. Power Ventures was a platform that attempted to enable users to manage all their social media accounts from one platform. –RyanAir v.

Blogging 87

Blogging Cease and Desist Business Litigation 87

Technology & Marketing Law Blog

APRIL 30, 2022

Judge Alsup dismisses most of Berenson’s claims, but the contract breach and promissory estoppel claims survive Twitter’s motion to dismiss. ” Contract Breach/Promissory Estoppel. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Berenson sued Twitter. Section 230.

Social Media 107

Social Media Contracts Government Publishing 107

Kluwer Copyright Blog

APRIL 14, 2022

15 of the Directive on Copyright in the Digital Single Market (CDSM), the EU legislator wanted to aid press publishers in licensing and enforcing their rights in press publications. Platforms are also under the obligation to contract with the press publishers requesting so and pay them a fair remuneration. Introduction.

Publishing 81

Publishing Contracts Social Media Art 81

Technology & Marketing Law Blog

MARCH 21, 2022

Nevertheless, she claimed Twitter conspired with the government and that converted Twitter into a state actor. Government Jawboning Doesn’t Turn Internet Services into State Actors–Doe v. Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. Violation of the First Amendment. Padilla , Doe v.

Social Media 122

Social Media Blogging Government Publishing 122

LexBlog IP

APRIL 25, 2022

art market, the Report concluded that there was no immediate need to impose new regulations on the art market to combat money laundering and terrorism finance. Yet the Report also discussed how the art market remains susceptible to money laundering and describes how market participants can minimize this risk. Background.

Art 52

Art Marketing Marketing Due Diligence 52

IP and Legal Filings

JANUARY 23, 2023

The media industry as a whole encourages creativity and innovation, and copyright is crucial for digital media platforms. Media platforms, such as social media, are utilised to carry out their professional, commercial, and private functions. They serve as a medium for new ideas, images, and sounds.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

Technology & Marketing Law Blog

JUNE 22, 2023

Tax dollars go to the government, who can then allocate the money to (in theory) advance the public good—such as funding journalism. The CJPA bypasses the government’s intermediation and supervision of these cash flows. Instead, it pursues a policy worse than socialism. I think CJPA raises the same concerns.

Journalism 89

Journalism Social Media Publishing Government 89

Velocity of Content

AUGUST 10, 2022

By way of background, the EU, as part of its Digital Single Market Copyright Directive , looked at the then-extant UK copyright exception for the making of copies of copyrightable works to perform text and data mining (TDM) in a non-commercial context. The need remains for high quality, validated news unavailable from social media.

Law 116

Law Licensing Publishing Intellectual Property 116

TorrentFreak

JULY 25, 2023

In 2022, PSG reported losses of €368 million, with reports suggesting that Mbappe’s contract will end up costing the club around €630 million euros. Top-tier Italian football clubs, broadcasters, and the government together concluded that since piracy must be mostly to blame, nothing should be off-limits in their quest to stamp it out.

Law 76

Law Social Media Reporting Government 76

Technology & Marketing Law Blog

JUNE 27, 2022

The phrase “likely to be accessed by a child means it is reasonable to expect, based on the nature of the content, the associated marketing, the online context, or academic or internal research, that the service, product, or feature would be accessed by children.” See my excoriation of AB 587. “Profile a child by default.”

Privacy 138

Privacy Designs Design Business 138

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. However, later the defendant served a termination notice against which the plaintiff filed this suit.

IP 143

IP Intellectual Property Copyright Trademark 143

43(B)log

APRIL 7, 2023

Special rules for hosting providers, including online platforms; online platforms, including distance contracts, and very large online platforms and very large online search engines. YouTube is an OCSSP, but other than that much is unclear—are all different types of social media OCSSPs? Is that governed by Member State law?

Copyright Law 40

Copyright Law Law Copyright Art 40

IIPRD

JANUARY 18, 2022

The idea has spread across all market sectors, and now luxury fashion retailers have joined the tokenization bandwagon. The principles that govern the luxury fashion industry are similar to those that govern other industries. Even premium watch brands are promoting NFT auctions through the many social media platforms accessible.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

IP and Legal Filings

FEBRUARY 20, 2024

Let’s give you some insights as to What constitutes such infringement, what can be done against this, and the relevant laws governing such situations . The plaintiff filed the defence of personality rights infringement based on the contract that allocated the personas to them. Interesting right? Anil Kapoor and Mr. Amitabh Bachchan.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

43(B)log

AUGUST 11, 2022

But there was pressure from the market: this is a business trying to make money. One company does the market research and the other follows. Things gendered female are privatized, not considered subject to government regulation of unfairness. Might be different than when a company uses TM on a social media post.

IP 72

IP Copying Marketing Marketing 72

Intepat

FEBRUARY 7, 2023

WEB3.0 – Decentralized Similar to the real world, the metaverse is not built or operated by a single entity, there are many stakeholders which include individuals, companies, governments etc. The conventional internet and social media, as we know it, is referred to as the Web2.0

IP 52

IP Law Invention Licensing 52

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

NOVEMBER 24, 2021

Atkinson “did not allege sufficient facts to infer that Meta Platforms is a government actor.” ” The complaint alleges insufficient facts showing that Facebook took joint actions with the government. .” Two More Courts Tell Litigants That Social Media Services Aren’t State Actors. B&P 17200.

Social Media 140

Social Media Government Publishing Contracts 140

The IPKat

AUGUST 25, 2023

In this regard, the role of legal frameworks such as copyright law, data protection laws and contract law in regulating and structuring data access is significant. copyright-protected materials as data), personal data, contract-based data, etc. English language text from journal articles; social media posts in X language; etc.)

Social Media 52

Social Media Law Journalism Copyright 52

43(B)log

FEBRUARY 3, 2023

We can make things excludable through tech and law, making things that previously looked like public goods providable by private markets. Book project: how do we reconcile that with our intuitions about markets and distributive justice? MLMs vary on type of guidance they give sellers about legal restrictions on marketing claims.

False Advertising 45

False Advertising Trademark Advertising Advertising 45

Technology & Marketing Law Blog

OCTOBER 27, 2021

And the odious idea that a government actor can force private publishers to carry their unwanted propaganda is the kind of “rule of law” we see in banana republics. Twitter appeared first on Technology & Marketing Law Blog. This is not a hard case.

Social Media 124

Social Media Blogging Law Government 124

Technology & Marketing Law Blog

SEPTEMBER 21, 2021

Florida made a splash enacting its social media censorship bill SB 7072 , only to have a federal district court immediately enjoin it. the Texas legislature tried to one-up Florida with HB 20 , its own social media censorship bill. If you live in Texas, I’m sorry that your governance mechanisms are so broken.

Social Media 144

Social Media Law Publishing Government 144

43(B)log

AUGUST 3, 2023

Same concept of similarity governs both elements of the copyright claim! Sampling: labels encourage use of existing tracks; listening audience likes nostalgia; past hits are a recipe for success; catering to social media and music streaming algorithms like TikTok charts; remakes of relatively recent songs are popular.

Music 52

Music Art Copying Licensing 52

Technology & Marketing Law Blog

OCTOBER 7, 2021

YouTube’s TOS says: All claims arising out of or relating to these terms or the Service will be governed by California law, except California’s conflict of laws rules, and will be litigated exclusively in the federal or state courts of Santa Clara County, California, USA. YouTube appeared first on Technology & Marketing Law Blog.

Litigation 91

Litigation Social Media Law Blogging 91