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Court Says “You May NOT Amend Your TOS by Posting New Terms to Your Site”–International Markets v. Thayer

Technology & Marketing Law Blog

However, usually, if plaintiffs could provide some evidence of notice that was consistent with how the original contract said it would update the terms, courts would give them the benefit of the doubt, at least at the early stages of litigation. In 2022, plaintiff sued defendant for breach of contract, among other things. 3d at 10861.

Marketing 127
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[Guest post] Generative AI, originality, and the potential role of contract in protecting unoriginal works

The IPKat

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

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The Rise of Influencer Marketing – Contractual Considerations

IP Tech Blog

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.

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CMA Releases Report on Music Streaming Market

IPilogue

On November 29th, The Competition and Markets Authority (CMA) released its final report of its market study into music and music streaming. Moreover, competition between music streaming services and the digitization of the market improved consumer outcomes greatly, though creators still had concerns about their earnings from streaming.

Music 105
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1H 2021 Quick Links, Part 4 (Advertising, Contracts, & More)

Technology & Marketing Law Blog

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.

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The Rise of Influencer Marketing – Contractual Considerations

LexBlog IP

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.

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Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

Technology & Marketing Law Blog

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.”

Contracts 109