LexBlog IP

MAY 19, 2023

Influencer marketing offers brands a unique opportunity to target and connect with online communities, using a personalized approach. Whilst influencer marketing can yield great returns for brands, it is essential for influencers and brands to navigate this legal landscape carefully, especially in terms of contractual relationships.

Marketing 52

Marketing Marketing Contracts Branding 52

IPilogue

JULY 29, 2022

Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Big-name celebrities like Halsey and Florence Welch of the indie rock band Florence and the Machine have taken to TikTok to discuss their discontent with the new marketing approach of creating viral TikTok audios as promotion.

Music 119

Music Marketing Marketing Ownership 119

Technology & Marketing Law Blog

APRIL 16, 2022

The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms. Fluent is a marketing company that generates leads. These basic principles “apply with equal force to contracts formed online.” The court says “no”.

Contracts 110

Contracts Designs Design Law 110

LexBlog IP

SEPTEMBER 7, 2023

In just over two years since the inception of college Name, Image, and Likeness (NIL) rights, a groundbreaking lawsuit has emerged, alleging a violation of Florida’s NIL laws. ” The initial term commenced upon contract signing and concluded with Dexter’s ineligibility under NCAA rules.

Contracts 52

Contracts Law Business Licensing 52

Technology & Marketing Law Blog

APRIL 8, 2023

But, are face scans really an option for age verification, or will it conflict with other privacy laws? In particular, face scanning seemingly directly conflict with biometric privacy laws, such as Illinois’ BIPA, which provide substantial restrictions on the collection, use, and retention of biometric information. Choice of Law.

Privacy 125

Privacy Law Contracts Designs 125

JD Supra Law

DECEMBER 14, 2023

In response to the rapidly growing ubiquity of influencer-driven marketing, the Federal Trade Commission (FTC) has published numerous guidelines for influencers and advertisers alike.

Contracts 78

Contracts Advertising Advertising Branding 78

Technology & Marketing Law Blog

JULY 16, 2021

Robinhood Markets, Inc., Robinhood used Ice Cube’s picture and paraphrase of a line from his song to illustrate an article about market corrections. Reminder: courts sometimes demand that consumers click twice to form a contract. On the contrary, they seem easily separable. 2021 WL 2435307 (N.D. June 15, 2021). Employment.

Advertising 107

Advertising Advertising Contracts Social Media 107

Technology & Marketing Law Blog

DECEMBER 23, 2022

Still, it seems troublesome because it ignores that some contract was formed at point of purchase, and those terms should be relevant to governing the device and possibly whether or not the service TOS is an amendment, a conflicting contract, or something else. BONUS: Additional contracts links from the past six months.

Contracts 74

Contracts Privacy Registration Government 74

IP and Legal Filings

OCTOBER 14, 2022

The COVID-19 pandemic has also acted as an impetus and accelerated the growth of the digital market. Electronic contracts, or “E-contracts,” in the present economy became ubiquitous due to the rapid development of the internet. Meaning Of An E-Contract. E-contract forms a significant part of E-commerce.

Contracts 52

Contracts Business Technology Law 52

Technology & Marketing Law Blog

OCTOBER 31, 2021

This is the latest dubious Internet Law ruling from the Eighth Circuit. The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. Other dubious rulings in 2021 include Select Comfort v. Baxter and Campbell v. This case involves Walmart gift cards.

Contracts 112

Contracts Litigation Blogging Law 112

Traverse Legal Blog

FEBRUARY 22, 2022

These issues include drafting your short-term rental contract, local rental laws and regulations, the terms of service with the platforms such as Airbnb, VRBO and Booking.com and defamatory ratings and reviews which affect your reputation. Without legal advice, you may find that you have unknowingly broken the law.

Law 97

Law Contracts Business Litigation 97

Technology & Marketing Law Blog

AUGUST 2, 2021

I’m pleased to announce the 2021 edition of my Internet Law casebook, Internet Law: Cases & Materials. It has been a crazy year for Internet Law! I’ve now framed it as a note about California’s consumer privacy laws. I did not add coverage of the Florida social media censorship law or NetChoice v.

Editing 145

Editing Law Privacy Contracts 145

Technology & Marketing Law Blog

JULY 12, 2022

I’m pleased to announce the 2022 edition (13th edition) of my Internet Law casebook, Internet Law: Cases & Materials. This year, the book shrunk by 7% as I took a hard look at where Internet Law stands now. The Florida and Texas social media censorship laws and the associated court challenges. Primer on FOSTA.

Editing 139

Editing Law Social Media Privacy 139

Art Law Journal

NOVEMBER 1, 2021

What questions should you be asking in contract negotiation, and what provisions should you be reviewing? Not every item must be in the contract, but it will be too late to add anything to make the loss as comprehensive as possible once you sign. Is the contract for my whole series or just specific pieces? Making Your Checklist.

Contracts 52

Contracts Art Artwork Law 52

Kluwer Copyright Blog

JUNE 21, 2022

Resultingly, this UGC, from the perspective of black-letter copyright law, gives a rather reductive presumption of infringement, rather than enablement of this new form of cultural creativity. Internet Law: A Concise Guide to Regulation Around the World. All use is not equal, in this respect. by Alexander Puutio. € by Edward J.

Contracts 117

Contracts Copyright All Rights Reserved Branding 117

IP Tech Blog

FEBRUARY 22, 2022

Subscription-based contracts are common. The CMA is particularly concerned about contracts that auto-renew onto a subsequent contract of one year or more, where the CMA considers that consumers especially require protection to prevent them from being locked into an unwanted contract. The Guidance.

Law 62

Law Contracts Business Marketing 62

Technology & Marketing Law Blog

MARCH 30, 2024

He sued YouTube claiming that the content removals breached YouTube’s contract. Accordingly, there is no right to prior notice before removal of content and no requirement of cause before removal under Plaintiff’s contract with YouTube. YouTube appeared first on Technology & Marketing Law Blog.

Contracts 82

Contracts Blogging Marketing Marketing 82

Kluwer Copyright Blog

JANUARY 4, 2024

Welcome to the fourth (and last) round up of EU copyright law for 2023! In this edition, we update you on what has happened in the last three months of 2024 in EU copyright law. Specifically, the Austrian law were found to violate the country-of-origin principle in Article 3 of the Directive.

Copyright Law 73

Copyright Law Law Copyright Reporting 73

LexBlog IP

MARCH 10, 2024

Introduction: In a significant step, Federal Decree-Law No. 36/2023 has assumed control, replacing the previous competition regulation law (Federal Law No. Key Definition within Federal Law No. 36/2023: According to Article 1 of the Federal Decree-Law No. Structured Framework for Violations: Federal Law No.

Law 52

Law Intellectual Property Marketing Marketing 52

Technology & Marketing Law Blog

DECEMBER 9, 2022

Someone has referred you here because you’ve said something wrong about the laws related to web scraping in the United States. The law related to web scraping is far too nuanced to make such a declarative statement. If you said or implied that the CFAA is the only law that governs web scraping. Don’t worry! You’re not alone.

Blogging 116

Blogging Law Contracts Cease and Desist 116

Intellectual Property Law Blog

MARCH 13, 2024

The Report looked at: i) current and future applications of non-fungible tokens (“NFTs”); ii) how intellectual property laws apply to NFTs and assets associated with NFTs; iii) intellectual property-related challenges arising from the use of NFTs; and iv) potential ways to use NFTs to secure and manage intellectual property rights.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

Technology & Marketing Law Blog

JULY 2, 2023

The court summarizes: Mr. Mickleborough had a contract drafted for Achter to sell SWT 86 metric tonnes of flax to SWT at a price of $17.00 Mr. Mickleborough applied his ink signature to the contract, then took a photo of the contract using his cell phone. per bushel (which amounts to $669.26

Contracts 136

Contracts Blogging Technology Law 136

JD Supra Law

MAY 3, 2024

1] Announced on April 23, 2024, following a 3-2 vote by the FTC Commissioners, the rule represents a significant policy shift aimed at increasing market competition and employee mobility. The Federal Trade Commission (FTC) has introduced a transformative rule that bans most non-compete agreements across various industries.[1]

Intellectual Property 72

Intellectual Property Licensing Contracts Marketing 72

IP and Legal Filings

AUGUST 25, 2023

Compliance with labour regulations in India must be done in line with the laws of the nation. These enterprises are not free from such duties simply because they are new to the market. It also advised that start-ups be regulated in accordance with existing labour laws. 127(E), available at: [link] (last visited on Aug.

Law 74

Law Contracts Business Government 74

Technology & Marketing Law Blog

MARCH 14, 2024

In so doing, they reversed the district court that had previously held that cellular device users’ data allowances under their contracts with cellular service providers did not constitute “property” subject to conversion. As such, to the extent that there is a grievance here, it should be based in contract, not in property.

Blogging 86

Blogging Contracts Law Advertising 86

Technology & Marketing Law Blog

MARCH 25, 2024

In a highly technical ruling, the court rejects Twitter’s CFAA claim on a motion to dismiss and rejects Twitter’s other claims, including breach of contract, on an anti-SLAPP motion to strike. Breach of Contract Twitter’s TOS bans scraping. Twitter fails this burden. to lose significant advertising revenues.”

Litigation 85

Litigation Contracts Advertising Advertising 85

Technology & Marketing Law Blog

AUGUST 31, 2023

. “all his claims relate to the suspension of his account and the alleged failure to suspend the third-party user’s account, whether they are styled as breach of contract, tort, or fraud claims…All of Plaintiff’s claims seek to treat Twitter as a publisher.” Contract Breach. ” Cite to King v.

Contracts 106

Contracts Social Media Blogging Publishing 106

Biswajit Sarkar Copyright Blog

FEBRUARY 8, 2022

With the Indian Government recently putting a 30% tax on any profit earned through the cryptocurrency market, how far along is it that the fate of NFTs will be sealed the same way? Laws Governing NFTs. Upon the finalization of the sale, the agreement is enforceable as a contract under the provisions of the Indian Contract Act, 1872.

Intellectual Property 52

Intellectual Property Law Moral Rights Contracts 52

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. We know, however, that many laws limit free access and use of information goods, most prominently copyright law (and IP law generally). Guy Rub , The Ohio State University Michael E. ML Genius v.

Blogging 90

Blogging Contracts Copyright Law Copyright 90

IP and Legal Filings

APRIL 8, 2023

This recorded music is frequently sold at significantly lower prices than market rates, resulting in massive losses for music producers. CONTRACTUAL ISSUES Various contracts are signed and executed by various performers/artists and stakeholders. The Indian Copyright Act of 1957 forbids and punishes acts of piracy. ISSN:1583-6258, Vol.

Privacy 77

Privacy Law Intellectual Property Music 77

IPilogue

NOVEMBER 18, 2022

Katie Graham is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. The dissolution of this contract will rely on the termination clauses that stipulate the division of IP between the parties or whether any “moral” clauses allow early termination of the contract.

Business 131

Business Contracts Branding Brands 131

LexBlog IP

JULY 21, 2022

The Italian Competition and Market Authority (“AGCM” or “Authority”) has closed an investigation launched in July 2021 against McDonald’s Development Italy LLC (“McDonald”) regarding an alleged violation of art. 9 of Italian Law no.

Marketing 52

Marketing Marketing Contracts Business 52

Technology & Marketing Law Blog

SEPTEMBER 8, 2023

The court dismisses the contract and IIED claims on Section 230 grounds. In our Advertising & Marketing Law casebook, Prof. Meta appeared first on Technology & Marketing Law Blog. (The Wikipedia entry gives some clues about why the movie may not have performed as well as the producers hoped).

Contracts 87

Contracts Marketing Marketing Publishing 87

LexBlog IP

MARCH 30, 2022

There has been an outpouring of concerned citizens the world over who are hoping to help provide assistance, and a number of brands have launched “cause marketing” campaigns aimed at expressing support for the Ukrainian cause and providing financial assistance to those who are displaced. The Bottom Line.

Marketing 52

Marketing Marketing Cease and Desist Branding 52

LexBlog IP

FEBRUARY 22, 2022

Subscription-based contracts are common. They can become so-called ‘subscription-traps’ The CMA is particularly concerned about contracts that auto-renew onto a subsequent contract of one year or more, where the CMA considers that consumers especially require protection to prevent them from being locked into an unwanted contract.

Law 52

Law Contracts Business Marketing 52

Technology & Marketing Law Blog

DECEMBER 13, 2023

by guest blogger Kieran McCarthy Many characterize the law of copyright preemption of contracts as a circuit split. But that undersells the level of inconsistency in courts’ interpretations of the law of copyright preemption. With that, any state or common law claim that is equivalent to copyright must therefore be preempted.

Blogging 78

Blogging Copyright Contracts Cease and Desist 78

Technology & Marketing Law Blog

AUGUST 24, 2023

LinkedIn and Facebook, most notably, have done as much as anyone to shape the law of web scraping. This is true even though the law does not recognize that they have a property interest in it, and even if though expressly disclaim any property rights in that data in their terms of use. It’s user-generated content.

Blogging 96

Blogging Contracts Intellectual Property Social Media 96