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

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 110

Advertising Advertising Contracts Social Media 110

Intellectual Property Law Blog

MARCH 13, 2024

Moreover, many expressed concern that NFT-specific legislation would be premature at this time and could impede the development of new NFT applications, given the evolving nature of the technology. As we have previously addressed on numerous occasions this can best be addressed via NFT owner agreements as further addressed below.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

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 77

Contracts Privacy Registration Government 77

LexBlog IP

NOVEMBER 7, 2022

On October 25, 2022, JSR Life Sciences and Blau Farmaceutica announced that Similis Bio, JSR Life Sciences’s business unit focused on biosimilar development, has signed its first development and license agreement with Blau Farmaceutica, a Brazilian pharmaceutical company. and to partner with local organizations in other regions.

Licensing 52

Licensing Intellectual Property Contracts Marketing 52

Technology & Marketing Law Blog

OCTOBER 31, 2021

The court also created a new definition of browsewrap that further plunges online contract formation law into anarchy. * * *. If the buyers went to Walmart.com after they made the purchase, then the terms seek to amend an existing contract formed at the time of purchase. (I’ve This case involves Walmart gift cards.

Contracts 113

Contracts Litigation Blogging Law 113

Velocity of Content

OCTOBER 4, 2021

The rapidly expanding market has attracted some of the world’s biggest celebrities – from Will Ferrell to Michelle Obama to Malcolm Gladwell, Chelsea Handler and Shonda Rhimes. In May 2020, Spotify agreed to an exclusive $100 million deal with Joe Rogan, the biggest licensing agreement ever made in podcasting.

Licensing 52

Licensing Intellectual Property Law Television Intellectual Property 52

Technology & Marketing Law Blog

MAY 13, 2024

sued Bright Data for trespass to chattels, breach of contract, tortious interference with a contract, violation of California Business and Professions Code Section 17200, and misappropriation. Here, the court agreed, and dismissed Twitter’s breach-of-contract claims on that basis. In November 2023, X corp. on all counts.

Blogging 97

Blogging Contracts Cease and Desist Social Media 97

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 85

Contracts Blogging Marketing Marketing 85

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 138

Contracts Blogging Technology Law 138

Technology & Marketing Law Blog

SEPTEMBER 23, 2022

The case involves ShutterStock, a photo licensing service. (We ShutterStock has a “contributor” program that allows anyone to upload photos into their licensing database in exchange for a fee if licensed. Only 2 visitors saw the subject image in ShutterStock’s database and neither licensed it.

Licensing 86

Licensing Copying Blogging Copyright 86

Plagiarism Today

AUGUST 2, 2022

The mainstream reputation of NFTs was hopelessly trashed and, as the regular crypto market began to falter, the NFT market was especially hard hit. It just requires a complete rethinking of the technology and its application. Then, YouTube could check for that license and know not to take that video down or otherwise claim it.

Copyright 250

Copyright Non-Fungible Tokens Technology Plagiarism 250

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 109

Contracts Social Media Blogging Publishing 109

The IPKat

JANUARY 13, 2022

Interest in blockchain technology, tokens, and IP, continues apace. Tokenization of IP In a nutshell, "tokenization" means using a smart contract (i.e., The process of creating a digital asset with a smart contract is called "minting". a MIT license ). royalty payments, time of use), or separately linked to the token.

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Technology & Marketing Law Blog

AUGUST 12, 2023

” Despite the contract, the defendants allegedly posted negative remarks about Hah’s work online. Hah’s filings focused on breach of contract, so his other claims weren’t properly alleged. The appeals court says that the contract damages allegation was conclusory and insufficient, so that claim fails too.

Contracts 70

Contracts Licensing Business Blogging 70

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 87

Litigation Contracts Advertising Advertising 87

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). Meta Platforms, Inc.

Contracts 90

Contracts Marketing Marketing Publishing 90

Kluwer Copyright Blog

JUNE 19, 2023

Although frequently misconstrued, this technology represents an exceptional advancement that can yield enormous revenue streams for both creators and consumers by altering the digital representation of real-world assets. Assignment The copyright owner may transfer the entirety of the copyright in the work to the purchaser by assignment.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

In today’s era, where the whole world has turned to virtual means, blockchain as a technology is gathering everyone’s attention and showing accelerating growth in its market. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. licenses for specific uses). For example, art.

Copyright 122

Copyright Art Licensing Contracts 122

LexBlog IP

AUGUST 16, 2023

The deal market reached historic levels in recent years, with record-setting merger and acquisition activity in 2021. Markets have since cooled, with capital becoming harder to find. In most cases, this can be broken down between two central areas – technology and branding.

Due Diligence 52

Due Diligence IP Intellectual Property Ownership 52

Kashishipr

FEBRUARY 23, 2022

The issue that the manufacturers in different industries face is not that today’s technology has transformed and become exceedingly complicated. Instead, it is they may not own the exclusive rights to the Intellectual Property (IP) assets that such technologies are built upon usually.

Intellectual Property 119

Intellectual Property IP Licensing Technology 119

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. It’s not that half of federal judges have adopted one clear stance on copyright preemption of contracts and the other half have adopted another clear stance. But fair use isn’t a defense to a breach of contract claim.

Blogging 81

Blogging Copyright Contracts Cease and Desist 81

Technology & Marketing Law Blog

AUGUST 24, 2023

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. But as technology improved, this legal theory stopped making as much sense. It’s user-generated content. In the end, it was a pyrrhic victory.

Blogging 97

Blogging Contracts Intellectual Property Social Media 97

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 89

Blogging Contracts Law Advertising 89

Technology & Marketing Law Blog

OCTOBER 8, 2023

Thus, the court reaches what becomes a surprising result in light of the Ninth Circuit precedent elsewhere. * * * Section 230 The plaintiffs alleged that VRBO “lists and markets” the property, placed it into the “stream of commerce,” and communicated the property’s conditions. ” Cite to Cohen v. .

Contracts 74

Contracts Publishing Marketing Marketing 74

Technology & Marketing Law Blog

APRIL 26, 2023

If you continue to perform the Services or access Licensed Materials (including accessing the Amazon Flex app) after the effective date of any modification to this Agreement, you agree to be bound by such modifications. We have previously observed the importance of notice in the analogous context of electronic consumer contracts.

Contracts 78

Contracts Copying Technology Licensing 78

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. That still leaves a rather broad space for contract law to effectively limit the use of information.

Blogging 93

Blogging Contracts Copyright Law Copyright 93

Technology & Marketing Law Blog

JULY 14, 2023

The court asked the plaintiffs to point to the relevant contract provisions that shape the implied covenant. The plaintiffs made several key concessions: plaintiffs do not contend that there is an express contract provision requiring defendants to post plaintiffs’ videos on YouTube. Google LLC , 2023 WL 4372701 (N.D.

Contracts 82

Contracts Blogging Litigation Licensing 82

Technology & Marketing Law Blog

JUNE 2, 2022

Market Effect. The defense argued that a requirement to obtain copyright licenses conflicts with the norms in the tattoo artist community. If they are going to be paid for their work, this opinion suggests that they may have to consult copyright counsel and get copyright licenses, whether they want to do so or not. Warner Bros.

Copyright 143

Copyright Social Media Fair Use Licensing 143

Technology & Marketing Law Blog

JULY 22, 2022

This covers the breach of contract claim too. Contract breach. Dorsey appeared first on Technology & Marketing Law Blog. . “his claims derive entirely from Twitter’s decision to exclude his content and suspend his account—that is, traditional publishing functions.” Cite to King v. Prima Facie Case.

Contracts 102

Contracts Publishing Blogging Marketing 102

Technology & Marketing Law Blog

DECEMBER 10, 2022

2 claim, alleging that Google willfully monopolized a market. But which market? Dreamstime now says it’s complaining about the online search market; but the appeals panel concludes that Dreamstime repeatedly insisted to the lower court that it was complaining ONLY about the online search ad market. Case dismissed.

Advertising 102

Advertising Advertising Marketing Marketing 102

The IPKat

JULY 18, 2021

As such, whereas other streaming services negotiate to license music that they subsequently make that available to consumers, YouTube effectively negotiates licences for music that users are already providing through the service.

Music 139

Music Contracts Reporting Government 139

Technology & Marketing Law Blog

APRIL 29, 2022

The plaintiffs sued Facebook for (1) negligence; (2) breach of contract; (3) breach of the covenant of good faith and fair dealing; (4) violations of California’s Unfair Competition Law, Cal. Twitter for this intersection of Section 230 and contract breach claims. Meta appeared first on Technology & Marketing Law Blog.

Contracts 109

Contracts Advertising Advertising Publishing 109

U.S. Department of Commerce

JULY 21, 2023

Stepping into the Executive Director and CEO role here in March 2023, I immersed myself in our public safety engagement, contract oversight, and program management efforts to understand how these critical functions were managed here. The FCC recently renewed our license after conducting a thorough review process and open proceeding.

Government 78

Government Contracts Licensing Technology 78